Intestate Succession: What Happens if You Die Without a Will in BC?
When you die without leaving a valid will, you are assumed to have died “intestate”. In this case, your estate will be distributed according to the rules of intestate succession under the Wills, Estates and Succession Act (WESA).
Consequences of Dying Without a Will
- Property in Other Jurisdictions: If the intestate owns real property outside of British Columbia, it will be distributed according to the law of the jurisdiction where the property is located.
- Spouse and Children: If the intestate has children, the surviving spouse is not automatically entitled to the intestate’s estate. This can create difficulties if the surviving spouse requires additional support from the estate.
- Incompetent or Minor Successors: If the intestate’s successor is a minor or deemed incompetent, the Public Guardian and Trustee must be notified and may assume control of distributing the estate to the successor.
- Guardianship for Minor Children: The Intestate loses the ability to select a guardian for minor children, which can lead to ambiguity in their care.
- Trust Conditions for Minor Children: In the absence of a will, the Intestate cannot set up trust conditions for minor children, resulting in unstructured financial support.
How Will Your Estate Be Distributed if You Have No Will?
Dies Leaving | Distribution |
Spouse and no descendants | The entire estate will be distributed to the spouse. |
Spouse and descendants of intestate and spouse | The spouse receives a preferential share of $300,000, furnishings of the spousal home and the right to purchase the spousal home subject to time limitations. The residue of the estate is divided equally: half to the spouse and half to the descendants. |
More than one spouse | The spouses will receive what they agree upon. If they cannot agree, the courts will determine the division. |
Descendants but no spouse | The estate will be equally distributed among the descendants. |
Parents but no descendants | The estate will be equally distributed among the surviving parents. |
Descendants of parents but no parents or descendants | The estate will be equally distributed to the descendants of the intestate’s parents. |
If You Die Without a Will or Spouse
If you die without a will and without a spouse, WESA sets out the priority order for distributing your estate as follows:
- Children;
- Grandchildren;
- Further lineal descendants;
- Parents;
- Parent’s children’s (siblings);
- Nieces and nephews;
- Great-nieces and nephews;
- Grandparents;
- Grandparents children (aunts, uncles);
- Cousins
- Great- grandparents; and
- Great-grandparents’ children.
What Happens if You Die with No Intestate Successors?
If you die leaving no successors, your estate will revert to the Provincial Crown. However, if you believe you have a legal or moral claim to the estate, you can apply to the Lieutenant Governor for the return of all or a portion of real or personal property.
How Northam Law Can Help
Our experienced team can help you draft a valid will, ensuring that your estate is distributed according to your wishes and that your beneficiaries are protected and supported. Whether you are drafting a new Will or updating an existing one, Northam Law offers tailored guidance to protect your legacy.