Multiple Wills in BC: A Strategic Guide to Reducing Probate Fees

For British Columbia residents with significant assets, especially private company shares, a standard “one will” estate plan can burden your beneficiaries with tens of thousands of dollars in unnecessary probate fees. The strategy of using multiple wills (sometimes called dual wills) offers a legal and effective way to minimize those costs and maintain the privacy of your estate’s value.

This guide explains how multiple wills work in BC, the specific assets that qualify for this strategy, and the critical legal requirements you must follow for the plan to be effective. But first, it’s helpful to understand the problem this tool is designed to solve.

The Problem with Probate and Why People Seek Alternatives

Probate is the legal procedure where the BC Supreme Court confirms your will’s validity and grants your executor the authority to distribute your assets. While this “court stamp” is often required to deal with banks and land title offices, it comes with significant drawbacks.

BC Probate Fees

This is a tax calculated on the gross value of estate assets that pass through your will. As of 2026, the fee structure is:

• $0 on the first $25,000 of the estate
• 0.6% on the next $25,001 to $50,000
• 1.4% on the value over $50,000
• Plus a $250 filing fee for estates over $25,000.

For a $1 million estate, probate fees total approximately $13,650. For a $5 million estate, this cost jumps to roughly $70,150.

Lack of Privacy and Time Delays

Beyond the financial cost, probate is a public process. The assets and estimated value of your estate become public record, accessible to anyone at the courthouse for a small fee. Furthermore, the probate process itself can be slow, leading to significant delays before your beneficiaries receive their inheritance.

What Are Multiple Wills?

Multiple wills involve executing two separate wills that operate concurrently.

1. The General Will (or Probate Will): This will governs assets that require a grant of probate before they can be transferred. This typically includes real estate held solely in your name, and bank or investment accounts without designated beneficiaries.
2. The Limited Will (or Non-Probate Will): This will governs the distribution of assets that can be transferred without probate. This is possible because other legal mechanisms, such as corporate or common law, can facilitate the transfer. Key examples include private company shares and shareholder loans.

Because the executor of the Limited Will never applies for probate for that document, the assets it governs bypass the entire probate process. This saves fees, accelerates administration, and keeps the value of those assets completely confidential.

The Legal Basis in British Columbia

While BC’s Wills, Estates and Succession Act (WESA) does not explicitly mention multiple wills, nothing prohibits their use. The 2017 BC Supreme Court decision in [Berkner (Estate), 2017 BCSC 619] confirmed their validity, noting that the law contemplates grants of probate for only portions of an estate. The strategy works because probate fees are assessed only on assets disclosed in the probate application. Since the Limited Will’s assets are never part of that application, no fees apply to them.

Assets That Work Well with Multiple Wills

Identifying which assets belong in which will is the cornerstone of this strategy.

Ideal Assets for the Limited Will (Non-Probate):

• Private company shares: BC’s corporate legislation allows for share transfers without probate.
• Shareholder loans: Monies owed by a company to its owner personally.
• Unpaid dividends: Dividends that have been declared but not yet distributed.
• Partnership interests.
• Foreign assets: Assets located outside of Canada.
• Valuable personal property: Art collections, jewelry, and other items that can be transferred privately.

Ideal Assets for A General Will (Probate):

• Real estate held in your sole name or as a tenant in common.
• Bank and investment accounts without named beneficiaries.
• Vehicles.
• Household furnishings and other personal effects.

A Critical Consideration in Multiple Wills Planning

A crucial element of multiple wills planning involves Section 60 of WESA, which allows a spouse or child to vary a will if they feel they have not been adequately provided for. Typically, they have 180 days from the date a grant of probate is issued to make such a claim. However, if a Limited Will is never submitted for probate, this limitation period is not triggered for the assets it governs. This means that assets like private company shares could remain exposed to a variation claim for an indefinite period, creating uncertainty and risk for your beneficiaries.

To mitigate this risk, careful structuring is essential:

• Aligning the distributions in both wills to reduce the likelihood of a successful claim.
• Strategically submitting one of the wills for probate to trigger the limitation period.
• Incorporating trusts (such as alter ego trusts) to remove certain assets from the estate entirely.
• Restructuring corporate share holdings to facilitate a more controlled succession.

Ultimately, multiple wills must be part of a broader estate plan that balances probate savings with litigation risk management.

The Different Executor Requirement

In a multiple wills structure, the two wills must appoint different executors. This is not a suggestion; it is a legal necessity for the success of the strategy. In a probate application, the executor must swear an affidavit declaring that all assets passing through the estate have been fully disclosed. If the same person were the executor of both wills, a court would view all assets under their control as part of a single estate. That executor would be legally obligated to disclose the assets from both wills in the probate application, defeating the entire purpose of the strategy.

This requirement means you must have at least two individuals you trust to act as executors. In some cases, it may be appropriate to appoint a professional, such as a trust company or your lawyer, for one of these roles.

Is Multiple Wills Planning Worthwhile?

This strategy is not for everyone. It is generally worth considering if:

• You own private company shares of significant value (typically in excess of $1 million), where the probate fee savings will justify the additional legal costs.
• You hold substantial other assets that can transfer outside of probate.
• You value maintaining privacy over the total value of your estate.
• You have at least two suitable individuals who can act as separate executors, as discussed above.

Steps In Implementing Multiple Wills

1. Asset Inventory and Classification: The first step is to work with your lawyer to conduct a comprehensive review of your assets, classifying which will require probate and which can be transferred without it.
2. Draft Two Separate Wills: Your lawyer will then draft two wills. The General Will appoints one executor and governs probate assets. The Limited Will appoints a different executor and governs non-probate assets. Both must be properly executed in accordance with WESA.
3. Coordinate with Corporate Records: If you hold private company shares, your estate plan must align with your shareholder agreements, articles, and other corporate records.
4. Secure Storage and Communication: Both wills should be stored securely. It is vital to clearly communicate with your executors about their respective roles—specifically, that the executor of the Limited Will must understand the importance of not applying for probate for that will.

Other Strategies to Reduce Probate Fees

Multiple wills are one of several tools available. Others include:

1. Beneficiary Designations: Naming beneficiaries on RRSPs, RRIFs, TFSAs, and life insurance policies allows these assets to pass directly to the named person, outside the estate.
2. Joint Ownership: Holding assets in joint tenancy with a right of survivorship allows them to pass automatically to the surviving owner. However, this carries risks, including exposure to the co-owner’s creditors and potential immediate capital gains tax consequences.
3. Alter Ego Trusts: For individuals aged 65 and older, these trusts can be used to hold assets outside the estate, though they are complex and may have implications with lenders.

Conclusion

Multiple wills are a powerful estate planning tool for BC residents with significant private company wealth or other non-probate assets. When structured correctly, they can save tens of thousands of dollars in probate fees, accelerate estate administration, and maintain privacy.

However, they are not a one-size-fits-all solution. The indefinite exposure to wills variation claims requires careful consideration of your family circumstances. The strategy also demands you have at least two trustworthy individuals to serve as separate executors. A comprehensive planning review can determine whether multiple wills suit your circumstances and identify other strategies that may integrate with your overall estate plan.

How Arcstone Law Can Help

Our estate planning team can:

1. Inventory and classify your assets for multiple wills suitability.
2. Assess wills variation risk and its impact on your planning.
3. Draft coordinated General and Limited Wills with proper executor appointments.
4. Advise on integrating multiple wills with corporate structures.
5. Explore alternative probate-reduction strategies tailored to your goals.

Contact Arcstone Law today to schedule a consultation and discuss whether multiple wills are the right strategy for your estate. You can reach us by email at admin@arcstonelaw.com or book a consultation on our website. All legal services are rendered through Arcstone Law, a law corporation.

This article does not constitute legal advice.