If you die without a will in British Columbia, you are considered to have died “intestate.” The distribution of your estate will then be governed by the Wills, Estates and Succession Act (WESA). Here is an overview of what happens in such cases:
Distribution of Assets
The distribution of your assets will follow a specific order of priority as outlined in WESA:
- Spouse and Children:
- Spouse Only: If you have a spouse but no children, your spouse will inherit your entire estate.
- Spouse and Children: If you have a spouse and children, your spouse will receive:
- The first $300,000 of your estate if all children are from the current relationship.
- The first $150,000 if you have children from a previous relationship.
- The remainder of the estate is then divided, with half going to your spouse and the other half divided equally among your children.
- No Spouse or Children:
- If you have no spouse or children, your estate will be distributed to your next of kin in the following order: parents, siblings, nieces and nephews, and then more distant relatives.
- No Living Relatives:
- If you have no living relatives, your estate will escheat to the provincial government.
Appointment of an Administrator
Since there is no will to appoint an executor, the court will appoint an administrator to manage and distribute your estate. This person is usually a close family member, but the court has the discretion to appoint someone else if necessary.
Guardianship of Minor Children
If you have minor children and die without a will, the court will appoint a guardian for them. This may not align with your wishes, making it crucial to have a will that specifies your preferred guardian.
Potential Complications
Dying intestate can lead to several complications, including:
- Delays in the distribution of your estate.
- Increased legal costs.
- Potential disputes among family members.
- Distribution of assets in a manner that may not align with your wishes.
How Northam Law Can Help
At Northam Law, we understand the importance of protecting your legacy and ensuring that your wishes are honored. Our experienced legal team is here to help you craft a comprehensive will tailored to your unique circumstances. We will guide you through every step of the process, from identifying your assets and selecting guardians for minor children to appointing an executor and ensuring that your estate plan aligns with your wishes. Contact us today to secure peace of mind for yourself and your loved ones.
Final Thoughts
Creating a will is not just about legal compliance—it’s about ensuring that your loved ones are taken care of according to your wishes. By having a valid will in place, you can avoid the complications of dying intestate and ensure that your estate is managed smoothly and in line with your intentions. Don’t leave these critical decisions to chance; take control of your legacy today.
