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The short version: BC is one of the few places (along with Ontario) where it's common for someone to have two separate wills — a primary will and a secondary will — as a deliberate estate-planning strategy. If you're dealing with an estate that has multiple wills, the house is almost always covered by the primary one.

Why people set this up

The strategy exists specifically to reduce probate fees and limit public disclosure. The primary will covers assets that legally require probate to transfer — real estate, bank accounts, investment portfolios. The secondary will covers assets that don't require probate — things like personal belongings, art, or shares in a private company. Only the primary will typically gets submitted to the court and becomes part of the public probate record; the secondary will generally doesn't.

Since BC probate fees run roughly 1.4% of the estate's gross value above $50,000 (see our probate fees guide), keeping non-probate assets out of the primary will can mean a real dollar savings on larger estates — though the added legal cost of drafting two wills (commonly a few thousand dollars) needs to be weighed against that savings.

Which will governs the house

Real estate in the deceased's sole name almost always requires probate to legally transfer, which means it's governed by the primary will — the one that actually goes through the court process. If you're an executor or beneficiary who's discovered there are two wills, confirming which one is "primary" and governs the real estate is an important first step, not something to assume.

Mark Jontz has handled estates with this exact structure before — it's not common, but it's not rare either, especially for business owners or more complex estates. The real estate process itself doesn't change much once it's clear which will applies; what matters is confirming that early with the estate's lawyer so there's no confusion about which executor has authority over the property.

A quirk worth knowing: different executors

BC generally requires different executors to be named for the primary and secondary wills. This isn't an oversight — it's specifically what keeps the two sets of assets administratively separate, which is part of what makes the fee-reduction strategy actually work. If you're dealing with an estate like this, it means the person managing the house sale may not be the same person managing the deceased's other assets.

What this means practically

If you're a beneficiary, executor, or buyer dealing with an estate that has multiple wills, the real estate process itself (probate timeline, Grant requirements, listing considerations) works the same way as any other probate sale — see our Probate in BC Explained guide for the fuller picture. The multiple-wills structure mainly affects which document and which executor is relevant, not the mechanics of the sale itself.

This page provides general information about multiple wills in BC and is not legal advice. Please consult a lawyer to confirm which will applies to a specific estate.

Common Questions

Multiple Wills in BC — FAQ

Why would someone have two wills?
BC (and Ontario) allow a planning strategy where a primary will covers assets that require probate — like real estate and bank accounts — and a secondary will covers assets that don't, like personal belongings or private company shares. This can reduce the probate fees paid on the assets covered by the secondary will.
Which will covers the house?
Real estate almost always requires probate to transfer, so it's covered by the primary will — the one that gets submitted to the court for probate. The secondary will generally isn't submitted to the court at all, which is part of the point.
Do the two wills have the same executor?
No — BC requires different executors to be named for each will. This separation is specifically what keeps the two sets of assets administratively distinct, which is part of what makes the strategy work for reducing probate fees.
If I find two wills for the same person, which one is relevant to selling the house?
Almost certainly the primary will, since that's the one that goes through probate and covers real estate — but confirm this with the estate's lawyer, since the exact structure can vary and it's important to get right before proceeding.
Multiple Wills

Dealing with more than one will?

Tell us the situation and we'll help you confirm which one actually applies to the property.

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