Many people assume their spouse will inherit everything, their children will divide the estate fairly, or their family will know what to do.
Without a will, those assumptions may not match the law.
Dying without a valid will is called dying intestate. In British Columbia, the Wills, Estates and Succession Act (WESA) sets out who inherits your estate. The result depends on your family relationships, rather than what you may have promised or intended.
For families already dealing with a loss, this can mean unexpected inheritance arrangements, extra paperwork and difficult decisions.
Who Inherits If There Is No Will in BC?
The following rules apply to property that forms part of the intestate estate. Debts, taxes and estate expenses must be addressed before the remaining assets can be distributed.
A Spouse and No Children or Other Descendants
If there is a surviving spouse and no surviving descendants, the spouse inherits the intestate estate.
Descendants can include children, grandchildren and later generations. A grandchild may inherit where their parent, who was a child of the deceased, has already died.
A Spouse and Children Together
If all surviving descendants are also descendants of the surviving spouse, the spouse receives:
- The household furnishings.
- The first $300,000 of the net estate, known as the preferential share.
- Half of the balance.
The other half passes to the deceased’s descendants.
A Spouse and Children From Another Relationship
If any surviving descendant is not also a descendant of the surviving spouse, the preferential share drops to $150,000. The spouse still receives the household furnishings and half of the remaining balance. The other half passes to the deceased’s descendants.
If the net estate does not exceed the applicable preferential share, the spouse receives the estate.
These different thresholds make planning especially important for blended families.
Children but No Spouse
The estate generally passes equally to surviving children. If a child has already died but left children of their own, those descendants may inherit that child’s share.
No Spouse or Descendants
The estate passes to surviving parents first. If neither parent survives, siblings and the descendants of deceased siblings may inherit. Further rules address more distant relatives.
The government receives the estate only if no eligible relative qualifies under the legislation. It does not automatically take an estate simply because there is no will.
Does a Common-Law Partner Inherit?
A common-law partner can qualify as a spouse under BC estate law.
WESA generally recognizes people who have lived together in a marriage-like relationship for at least two years. Marriage is not required, but separation or the end of a relationship can affect entitlement.
Whether a relationship qualifies can become a disputed issue. A partner should seek legal advice if the relationship’s status is unclear.
A will provides an opportunity to document wishes clearly instead of leaving loved ones to resolve questions about the relationship after a death.
What About Stepchildren?
Stepchildren generally do not inherit automatically from a stepparent under BC intestacy rules unless they were legally adopted.
This can come as a surprise in families where a stepparent has helped raise a child for many years. A close relationship does not, by itself, create the same inheritance entitlement as a legal parent-child relationship.
Anyone who wants to provide for stepchildren should address this directly in their estate plan.
Who Handles the Estate Without a Will?
A will normally names an executor. Without one, someone usually needs to apply to the court for a grant of administration. The court-appointed person is called an administrator.
BC law sets an order of priority for applicants, with the surviving spouse generally having the first opportunity to apply or nominate someone.
The administrator’s responsibilities include:
- Identifying and protecting estate assets.
- Locating the people entitled to inherit.
- Paying valid debts and dealing with taxes.
- Keeping records of estate transactions.
- Distributing the remaining estate.
The Public Guardian and Trustee may administer an estate where there is no suitable person available. Its involvement is not automatic whenever someone dies without a will.
For more about the legal process after a death, read what to know about hiring a probate lawyer.
What Happens If Children Inherit Before Age 19?
An inheritance for a minor is handled differently from an inheritance for an adult.
When a child inherits through intestacy, their share generally must be paid to the Public Guardian and Trustee to hold until they turn 19. A parent or guardian can request funds for the child’s benefit, but access is subject to review.
A properly drafted will can instead name a trustee and establish instructions for managing a child’s inheritance, including an age later than 19 for receiving the balance.
Guardianship is a separate concern. A surviving guardian generally continues caring for the child. If no guardian survives and no successor has been appointed, court involvement may be needed. Naming a guardian in a will helps document who should take on that responsibility.
Does Every Asset Follow the Intestacy Rules?
Not necessarily. Some assets may pass outside the estate.
Property held in joint tenancy may pass to the surviving joint owner. Certain insurance policies and registered accounts may pay directly to a validly named beneficiary. Ownership arrangements and beneficiary designations need to be reviewed before assuming an asset forms part of the estate.
Having jointly owned assets does not replace a will. Other property, personal belongings and estate responsibilities still need to be considered.
What Should Families Do First?
If a loved one has died and no will has been found, avoid distributing belongings or dividing money immediately.
Start by searching for a will, protecting property and gathering financial records. Legal guidance can help establish who should apply to administer the estate and who is entitled to inherit.
The work can take time, particularly when relatives must be located, assets valued or legal issues resolved.
Why Preparing a Will Matters
Intestacy rules provide a default distribution. They cannot account for every family relationship, personal wish or intended gift.
A will allows you to choose an executor, provide for people who would otherwise be left out, appoint a guardian and plan how younger beneficiaries receive their inheritance. It can also reduce uncertainty and the cost of administering an estate.
Before preparing or updating a will, review these common mistakes to avoid when creating a will in BC.
Frequently Asked Questions
Does a spouse automatically inherit everything in BC?
Only in certain circumstances. A spouse inherits the intestate estate if there are no surviving descendants. If there are descendants, the estate may be divided between them and the spouse.
Can grandchildren inherit without a will?
Yes. Grandchildren may inherit the share that would have passed to their parent if that parent was a child of the deceased and died before them.
Does a common-law partner have inheritance rights?
Yes, if they qualify as a spouse under WESA. The nature and duration of the relationship, and whether it ended before death, can affect the answer.
Does the government take the estate if there is no will?
Usually, no. The law identifies eligible relatives who inherit first. The estate passes to the provincial government only when no one qualifies under those rules.
Is probate required when there is no will?
There is no will to probate. A grant of administration may instead be required to give someone authority to manage estate assets. Whether a court grant is needed depends on the estate.
Can a will name someone to manage a child’s inheritance?
Yes. A will can appoint a trustee and set terms for managing and distributing a child’s inheritance, including keeping funds in trust beyond age 19.
Put Your Wishes in Writing
Preparing a will gives your family clear instructions at a time when they may need them most.
Sunny Tathgar helps individuals and families in Victoria, Langford and across Vancouver Island prepare wills that reflect their circumstances. Learn more about wills and estate planning support, or contact Sunny Tathgar to arrange a consultation.
