Dying Without a Will in BC: What You Need to Know

When someone dies without a will in British Columbia, their estate is distributed through a legal process called intestate succession. This means the government decides who inherits the estate, based on a fixed set of rules under the Wills, Estates and Succession Act (WESA).

If a person dies without a valid will, WESA outlines a formula that must be followed for distributing the deceased’s estate.

Who Inherits an Intestate Estate in BC?

Here’s a general breakdown of how the estate is distributed when there is no will:

1. Spouse but No Children

The entire estate goes to the surviving spouse.

2. Spouse and Children (All Shared with Spouse)

The spouse receives:

• A preferential share of $300,000
• The rest of the estate is distributed with one-half to the spouse and one-half divided equally among the surviving children

3. Spouse and Children who are descendants of the deceased but not the spouse (e.g., the deceased had children from a prior relationship)

The spouse receives a preferential share of $150,000, and the rest is divided —one-half to the spouse and one-half divided equally among the surviving children.

4. Children but No Spouse

The estate is divided equally among the surviving children.

5. No Spouse or Children

The estate goes to other relatives, in this order:

1. Surviving parents of the deceased or the sole surviving parent
2. Siblings of the deceased
3. Nieces and nephews
4. More distant next of kin

If there is no one entitled to the estate under these rules, the estate becomes the property of the government.

Do Common-Law Spouses Inherit?

Yes — if they lived in a marriage-like relationship with the deceased for at least two years before death. Under WESA, common-law spouses have the same inheritance rights as legally married spouses.

This is a key difference from other provinces, such as Ontario, where common-law partners do not automatically have a right to inherit without a will.

What If There Are Two Spouses?

BC law allows for the possibility that someone might leave behind both a legally married spouse and a common-law partner. In these situations, both individuals may have a claim to the estate. How the estate is divided between them depends on the circumstances and may need to be resolved through court or negotiation.

Do you Have Questions About a Loved One’s Estate?

If a loved one has passed away without a will and you’re unsure about your rights or how the estate will be handled, we can help. At Hammerco, we assist clients with questions and concerns about intestate estates. Contact the Hammerco team for a free consultation to learn more.