Understanding your rights when there’s no will – expert estate guidance from Hillside Law in BC.
Table of Contents
Introduction
When someone passes away in British Columbia without a valid will, they are said to have died “intestate.” While it’s a difficult time for loved ones, the legal process that follows can feel equally overwhelming. Many people believe that their possessions will automatically go to their spouse or children, but the reality is governed by the Wills, Estates and Succession Act (WESA) of British Columbia. Understanding how intestate succession works can provide clarity, reduce confusion, and help families manage a challenging time with greater confidence.
Whether you’re trying to understand your rights as a surviving spouse, figuring out who inherits when there’s no will, or want to ensure your own affairs are in order, this guide will walk you through the key aspects of intestate succession in BC. We’ll cover how assets are divided, who is considered next of kin, what happens to minor children, and how to navigate the legal process step by step.
This article is especially helpful if you’re dealing with the estate of a loved one who died without a will or if you’re looking ahead and want to ensure your family is protected in the future. Read on to learn how BC law handles estates without a will and how you can take action today to minimize complications later.
What Is Intestate Succession?
Definition of Intestacy
Intestacy occurs when a person dies without a valid will in place. In British Columbia, the WESA governs how the deceased’s estate is managed and distributed among surviving relatives. The absence of a will removes the deceased’s ability to dictate how their property, assets, and responsibilities should be handled, which places that responsibility into the hands of the provincial law.
Why It Matters
When there is no will, not only does it delay the probate process, but it also creates added emotional and financial stress for surviving family members. Having a clear understanding of intestate succession can help mitigate these issues and provide direction during a difficult time.
How Assets Are Distributed Under WESA
Spouse and No Children
If the deceased has a spouse but no children, the spouse inherits the entire estate. This includes all personal property, vehicles, and real estate.
Spouse and Children
If there are both a spouse and children, the estate is divided. As of 2024, the spouse receives the first $300,000 of the estate (this amount is subject to change) and half of the remaining estate. The other half is distributed equally among the children.
No Spouse, Children Only
If there is no surviving spouse but children are present, the estate is divided equally among the children.
No Spouse or Children
If there are no immediate family members, the estate passes to other relatives in a specific order of priority: parents, siblings, nieces and nephews, and then more distant relatives.
Special Cases
If there are multiple spouses (e.g., a legal spouse and a common-law partner), WESA outlines a procedure for dividing the estate between them. Additionally, if the deceased had stepchildren, they are generally not included unless legally adopted.
The Role of the Administrator
Who Becomes the Administrator?
In cases of intestacy, an administrator (also known as a personal representative) is appointed by the court. This role is similar to that of an executor but is usually given to the closest surviving relative.
Responsibilities
The administrator is responsible for:
- Locating and managing assets
- Paying off debts and taxes
- Distributing the remaining estate to the appropriate beneficiaries
This process typically requires applying for a Grant of Administration from the BC Supreme Court.
Legal Guidance
Because the role of an administrator comes with legal and financial responsibilities, seeking legal counsel can help avoid errors and ensure compliance with provincial laws. Visit our Our Team page to learn how Hillside Law can assist.
Intestate Succession and Minor Children
Guardianship
If the deceased leaves behind minor children and there is no surviving legal guardian, the court will appoint a guardian. This decision prioritizes the best interests of the child and often considers extended family members.
Asset Distribution
The share of the estate designated for minor children is typically held in trust until they reach the age of majority (19 in BC). A trustee will manage the funds and may need to make annual reports to the court.
The Importance of Planning
Without a will, it is harder to control who will care for your children and manage their inheritance. Drafting a will ensures you can name a guardian and trustee, giving you peace of mind.
Risks of Dying Without a Will
Family Disputes
Intestate succession often leads to disputes among family members, especially when expectations don’t match legal entitlements. Legal battles can be costly and lengthy.
Higher Legal Costs
The probate process without a will involves court applications, affidavits, and sometimes mediation or litigation, all of which can increase the overall cost of settling an estate.
Loss of Control
Perhaps the greatest risk is the loss of control over how your assets are distributed. Your values, wishes, and specific intentions are not legally enforceable unless written in a valid will.
How to Avoid Intestate Succession
Drafting a Valid Will
Work with a family law professional to draft a legally sound will that reflects your wishes. A lawyer ensures all required elements are in place and prevents potential challenges to the will.
Regular Updates
Update your will after major life events like marriage, divorce, or the birth of a child. Regular reviews help ensure the document continues to reflect your current wishes.
Legal Support
If you need help drafting or reviewing your will, contact our team through our Contact page or explore our Practice Areas.
Frequently Asked Questions (FAQs)
What is the spousal share in BC if someone dies without a will?
Under WESA, the surviving spouse receives the first $300,000 of the estate and half of the remainder if there are children. If there are no children, the spouse inherits the entire estate.
Who inherits if there is no spouse or children?
If there is no spouse or children, the estate passes to the deceased’s parents. If the parents are also deceased, then siblings inherit. The search continues through the extended family tree if necessary.
Do stepchildren inherit under intestate succession in BC?
No. Stepchildren do not inherit unless they were legally adopted by the deceased.
Can someone challenge the distribution of assets under WESA?
Generally, WESA has a fixed hierarchy for distribution. However, legal challenges can arise, especially in blended families or where common-law partnerships are involved.
What happens to jointly owned property?
Jointly owned property typically passes to the surviving owner outside the estate. However, disputes can arise over the nature of joint ownership and should be reviewed by a lawyer.
Conclusion
Navigating intestate succession in BC is a complex process, especially when family members disagree or when legal questions arise over asset distribution. While the Wills, Estates and Succession Act (WESA) outlines the standard procedures, disputes are common—particularly in blended families, common-law relationships, or cases where expectations don’t match legal entitlements.
At Hillside Law, we provide focused, compassionate, and experienced legal representation in estate litigation matters. Whether you’re dealing with disputes after a loved one’s death or contesting how an estate is being distributed, we’re here to advocate for your rights and help you resolve conflicts effectively.
Facing legal challenges after the death of a loved one? Whether it’s intestate succession or a contested will, contact Hillside Law today for trusted guidance on your estate litigation matter.
