Property disposable in will

A person can give away property they own through a will. This property can be anything they legally own at the time of their death, including things they acquired before, on, or after the date they made the will.

The will should clearly identify the property being gifted, and unless the will states otherwise, it will be interpreted as if it was made just before the person's death. The gift will take effect according to the terms of the will, and the recipient will receive every legal or equitable interest in the property that the person making the will had the legal right to give.

Void gifts

A gift in a will is void if it is made to a witness or spouse of a witness to the will-maker's signature, a person who signed the will by the will-maker's direction or the spouse of the person signing, or a person claiming under one of these individuals.

A court may declare that the gift is not void if it is satisfied that the will-maker intended to make the gift to the person, even though they were a witness or spouse of a witness.

Property not disposed of in will

Property that is not disposed of in a will must be distributed according to the laws of intestacy.

BC Wills and Succession Act s.41-51