Do You Need to Redo Your Will? Navreet Atwal

A Will is one of the most important documents you’ll ever sign. It outlines what happens to your assets after your lifetime, names an executor you trust, and provides clarity and security for the people you care about most.  Many people don’t realize a Will isn’t a “set it and forget it” type of document.  Your life changes and the laws about Wills and Estates change.   Those changes can make an old Will inaccurate, ineffective, or even legally invalid.

If you made a Will years ago, or if your family circumstances have shifted, it may already be out of date. Below are the most common situations where you should strongly consider redoing your Will.

1. You’ve Got Married or Entered a New Relationship

Historically, marriage used to revoke a Will in BC, but that rule changed with the Wills, Estates and Succession Act (WESA). Marriage no longer cancels an existing Will, but it definitely creates new legal obligations and risks. For example, a new spouse (married or common-law) may have legal claims under estate law even if they aren’t included in your current Will.

If your Will was made:

  • Before your current relationship, or
  • Without considering a new spouse’s rights,
    you may unintentionally set the stage for conflict or litigation among your loved ones.

2. You’ve Separated or Divorced

This is one of the most common (and high risk) moments to update a Will.

Under BC law, a divorce or permanent separation can void certain gifts or executor appointments related to a former spouse, but it does not rewrite the Will automatically. Assets may end up passing in unexpected ways or beneficiaries may be left out accidentally.

If you’ve separated (even informally) don’t wait until a divorce is finalized. Updating your Will early is the best way to protect your estate and the people you want to inherit it.

3. You’ve Had Children (or Stepchildren)

Many Wills made earlier in life don’t reflect growing families. Questions to consider:

  • Have you included all children or stepchildren?
  • Have you appointed guardians for minor children?
  • Are there trusts for minors to protect their inheritances?

A Will that doesn’t plan for children, stepchildren, blended families, or equal/unequal gifts can result in hurt feelings or lawsuits.

4. Your Executor or Beneficiaries Have Changed

People move away, drift out of your life, develop health challenges, or pass away.

If your executor can’t or shouldn’t act anymore, the administration of your estate becomes much harder and more expensive, sometimes requiring a court application.

You should revisit your Will if:

  • Your executor or alternate executor is no longer a suitable choice
  • Beneficiaries have passed away, become estranged, or had major life changes
  • You wish to add or remove charities or organizations as beneficiaries

5. Your Financial Situation Has Changed

Estate plans are closely connected to finances, so major financial changes often require a Will update. Examples include:

  • Buying or selling real estate
  • Inheriting money
  • Opening or closing a business
  • Significant growth or loss of net worth

A Will drafted when your asset mix was simpler might not deal with tax planning, corporate shares, debt, or property transfers in the most efficient way.

6. You’ve Moved to British Columbia (or Bought Property Here)

Every province has different estate laws, and the rules in BC are unique.
If your Will was drafted in another province or country, it may be:

  • Recognized legally, but not optimally structured, or
  • Valid only for assets located outside BC

If you now live in BC, or if you own real estate here, it’s wise to redo your Will so it lines up with BC’s legislation.

 

7. You Haven’t Updated Your Will in Many Years

Even if everything in your life feels stable, estate law can change over time. It’s a good rule of thumb to review your Will every five years or anytime there’s a major family or financial development.

A simple check-in with an estate planning lawyer can provide peace of mind, clarity, and up-to-date legal protections.

Why Updating Your Will Matters

People often wait to update their Wills because it doesn’t feel urgent. But the unfortunate truth is that outdated Wills can lead to:

  • Delays and added costs for your family
  • Disputes between loved ones
  • Assets passing to the wrong people
  • Court involvement, sometimes for years

Your loved ones deserve clarity, not confusion.

Talk to Peak Law About Updating Your Will

Whether you need a brand-new Will or simply want to review an old one, Peak Law can help you build a clear, secure, and legally strong estate plan that reflects your current life and protects your family.

Contact Peak Law today to schedule a consultation and make sure your wishes are properly documented and your loved ones are protected.