Losing a loved one is hard enough. Finding out there’s no will makes it harder. As a lawyer practising in British Columbia, I see how quickly the questions pile up: who has the authority to deal with the estate, who actually inherits, and what happens when there’s a spouse, a common-law partner, a minor child, or a blended family involved.
Dying without a will is called dying intestate. When that happens, the estate gets distributed according to the Wills, Estates and Succession Act, known as WESA. These rules decide who inherits, but they don’t necessarily reflect what the person who passed away would have actually wanted.
This article walks through the basics of how WESA works: who may inherit, how assets get divided, and what families should watch out for when there’s no will in place.
What Does “Intestate” Mean?
A person dies intestate when they pass away without a valid will. A person may also be partially intestate if they leave a will, but the will does not deal with all of their estate.
When there is no will, there is no named executor. Instead, someone usually needs to apply to the BC Supreme Court for authority to administer the estate. This person is generally called an administrator rather than an executor.
The administrator’s job may include gathering estate assets, paying debts, filing tax returns, and distributing the estate according to WESA.
Does Everything Pass Through Intestacy?
Not always. Before applying the WESA intestacy rules, it is important to identify what actually forms part of the estate.
Some assets may pass outside the estate, such as:
- jointly owned property with a right of survivorship;
- life insurance with a named beneficiary;
- RRSPs, RRIFs, or TFSAs with designated beneficiaries;
- certain pension benefits;
- assets held in trust.
This is one reason legal advice can be important. A family may assume an asset is part of the estate when it actually passes directly to another person.
Who Is a “Spouse” Under WESA?
For intestacy purposes in BC, a spouse can include both a legally married spouse and a common-law spouse. Under WESA, two people are spouses if they were married to each other or had lived together in a marriage-like relationship for at least two years.
This means a common-law partner may inherit under BC intestacy rules if the relationship meets the legal test. However, disputes can arise about whether a relationship was truly “marriage-like,” especially if the couple had separate finances, lived apart for periods of time, or family members disagree about the nature of the relationship.
Who Inherits If There Is No Will in BC?
The answer depends on which family members survive the deceased person.
If There Is a Spouse and No Children
If a person dies without a will and leaves a spouse but no descendants, the spouse generally inherits the entire intestate estate.
This may seem straightforward, but issues can still arise if there is disagreement about whether someone qualifies as a spouse, particularly in common-law relationships or where the deceased was separated.
If There Is a Spouse and Children
If the deceased leaves both a spouse and descendants, WESA gives the spouse a preferential share before the remaining estate is divided. The amount of that preferential share depends on whether the children are also the children of the surviving spouse.
If All Children Are Children of Both the Deceased and the Spouse
Where all descendants are descendants of both the deceased and the surviving spouse, the spouse receives the household furnishings and a preferential share of $300,000. If anything remains after that, the remainder is divided one-half to the spouse and one-half to the descendants.
If the Deceased Had Children From Another Relationship
Where not all descendants are also descendants of the surviving spouse, the spouse’s preferential share is $150,000. If anything remains after that, the remainder is divided one-half to the spouse and one-half to the deceased’s descendants.
This situation is common in blended families. It can create tension between a surviving spouse and children from a prior relationship, especially if the main estate asset is the family home.
What If There Are Children but No Spouse?
If there is no surviving spouse, the estate generally goes to the deceased’s descendants. This usually means children first. If a child has died before the parent but left children of their own, those grandchildren may inherit their parent’s share.
For example, if a deceased person had three children and one child died earlier leaving two children, the deceased child’s share may pass to those grandchildren.
What If There Is No Spouse and No Children?
If there is no spouse and no descendants, WESA sets out a family hierarchy. The estate may pass to parents, then to siblings or their descendants, and then to more distant relatives if necessary.
In general terms, the order may include:
- parents;
- siblings, nieces, and nephews;
- grandparents and their descendants;
- great-grandparents and their descendants.
If no eligible relatives can be found, the estate may ultimately pass to the government. This is another reason why a will matters: it allows a person to choose beneficiaries rather than relying on a statutory family tree.
What About Minor Children?
When minor children are involved, dying without a will can create additional complications.
A will can name a guardian for minor children. Without a will, there may be no clear written statement of the deceased parent’s wishes. The BC government notes that if someone dies without a will and leaves children or dependent adults without a guardian, the court may need to appoint a guardian.
Minor children can inherit under WESA, but they generally cannot manage estate funds themselves. Their share may need to be held in trust or managed with involvement from the Public Guardian and Trustee of British Columbia, depending on the circumstances.
This can add delay, cost, and stress for the surviving family.
Do Stepchildren Inherit If There Is No Will?
Stepchildren do not automatically inherit under BC intestacy rules unless they were legally adopted. WESA focuses on spouses and descendants, and a stepchild is not treated the same as a biological or legally adopted child for intestacy purposes.
This is one of the most important reasons for blended families to have a will. A person may love and support a stepchild for many years, but without a will or adoption, that stepchild may receive nothing from the estate under the intestacy rules.
Common Problems When Someone Dies Without a Will
No Executor Has Been Chosen
A will usually appoints an executor. Without a will, no one has been chosen for that role. Family members may disagree about who should apply to administer the estate.
Distribution May Not Match the Deceased’s Wishes
The WESA rules are a default system. They do not consider personal promises, family dynamics, estrangement, caregiving, or the deceased’s verbal wishes in the same way a properly drafted will can.
Blended Families Can Face Conflict
A surviving spouse and children from a previous relationship may have different expectations. Disputes can arise over the family home, personal belongings, business assets, and sentimental items.
Minor Children May Need Additional Protection
Without a will, there may be no named guardian and no trust terms explaining how a child’s inheritance should be managed.
Common-Law Relationships May Be Disputed
If family members disagree about whether someone was a spouse, the estate may face delay and litigation.
Practical Steps After Someone Dies Without a Will in BC
If a loved one has died without a will, consider taking these steps:
- Search carefully for any will or estate planning documents. Check the deceased’s home, safety deposit box, lawyer’s office, and personal records.
- Identify immediate assets and debts. This may include bank accounts, real estate, vehicles, loans, credit cards, and tax obligations.
- Determine whether any assets pass outside the estate. Review beneficiary designations and joint ownership.
- Identify the surviving family members. This includes spouses, common-law partners, children, adopted children, and other relatives.
- Avoid distributing property too quickly. Estate debts, taxes, and competing claims should be addressed before distribution.
- Speak with a BC estate lawyer. This is especially important if there are minor children, a blended family, real estate, business interests, or disagreement among family members.
Key Takeaway
If you die without a will in British Columbia, your estate is distributed under WESA’s intestacy rules. These rules decide who inherits what based on family relationships, not personal wishes.
For some families, the WESA rules may produce a reasonable result. For others, especially blended families, common-law relationships, families with minor children, or families with complex assets, dying without a will can create confusion, delay, and conflict.
A properly prepared will allows you to choose your executor, name beneficiaries, appoint a guardian for minor children, and create a plan that better reflects your intentions.
Need Help With an Estate Where There Is No Will?
Dealing with an estate after a loved one’s death can be difficult, especially when there is no will and family members are unsure what to do next. Understanding the WESA rules is an important first step, but every estate is different.
At ALG Lawyers, our estate and probate team assists clients with estate administration, probate, intestacy, and estate disputes throughout British Columbia.
