Does a Will Need to be Signed to be Valid?

While you may be under the impression that a will needs to be signed to be valid and recognized, (and it is certainly advisable), in certain circumstances, a court may order that an unsigned will is indeed valid.

The Five Requirements

 Under the Wills, Estates and Succession Act of BC (“WESA”), there are five requirements to make a valid will:

1.     The will must be in writing.

2.     The will must be signed at its end by the will-maker (with an exception);

3.     The will-maker (or testator/testatrix: the person for whom the will is made) must sign in the presence of two (or more) witnesses, who must both be present at the same time.

4.     Two (or more) of the witnesses must sign in the presence of the will-maker (with some exceptions).

5.     The will-maker must be at least 16 years old (with one exception).

The B.C. Supreme Court Decision

In a recent decision, the BC Supreme Court was faced with three wills: one valid will made in 2007; and two invalid revised wills made in 2023. In this case, Ms. Maureen Fleury had made a valid will in 2007, before she started a common-law relationship. When Ms. Fleury fell ill, she wanted to include her common-law spouse and thus revised her will to provide her common-law spouse with a specific bequest (a unique item of property) and the right to remain living in her home for up to five years. This revised will was not signed. When Ms. Fleury’s two children, also living in the home, learned of the revision, they expressed their discontentment to their mother. Again, she revised her will, omitting the common-law spouse’s right to remain living in her home. This revised will was not signed. However, Ms. Fleury had expressed her intentions to her sister (the executor of her estate).

Under section 58 of WESA, the court, on application, may “cure” deficiencies of an otherwise invalid will and declare it valid. 

The common-law spouse fought the newly revised will, stating that it was not signed and therefore invalid; however, after hearing the testimony from Ms. Fleury’s sister, the court was satisfied that Ms. Fleury’s intentions were made clear before she died, and the latest revision of her will was “cured” and deemed valid.

THE TAKEAWAY

Ultimately, such time-consuming and costly litigation can be avoided with careful planning so that relying on the court to “cure” any deficiencies is the last resort. If you do not have a will, it may be time to consider having one drawn up. If you already have a will, you may need to review it to ensure that it still reflects your intentions. If not, you may want to revise it and ensure it is executed according to the five requirements listed above.

If you have any questions, please contact us at (778) 871 9791 or email Dominique Legendre  dl@dwslaw.ca.

Disclaimer: This article is not intended to serve as, or should be construed as legal advice, and is only to provide general information. Should you require legal advice for your particular situation, please get in touch with us. The information for this article was compiled on March 7, 2025.