What Happens If You Die Without a Will in British Columbia?
No one likes to think about dying, but what happens if you die without a will? Planning for the future is one of the most important things you can do for your loved ones. In British Columbia, if you pass away without a valid will, you are considered to have died “intestate.” This means your estate — your property, money, and possessions — will be distributed according to the Wills, Estates and Succession Act (WESA) rather than your personal wishes.
Here’s what happens if you die without a will in BC, and why it’s so important to have one in place.
1. The Law Decides Who Gets Your Estate
When you die intestate in BC, the provincial government doesn’t take your property — but it does decide who gets what. The WESA sets out a strict order of inheritance based on your closest living relatives.
Here’s how it typically works:
- If you have a spouse but no children:
Your spouse inherits your entire estate. - If you have a spouse and children (all with the same spouse):
Your spouse receives the first $300,000 of your estate and half of whatever remains. Your children share the other half equally. - If you have a spouse and children from a previous relationship:
Your spouse receives the first $150,000 and half of the remainder. Your children share the other half equally. - If you have no spouse:
Your estate goes to your children equally.
If you have no children, it goes to your parents.
If your parents have passed, it goes to your siblings, then nieces and nephews, and so on down the family line.
If no relatives can be found, the estate eventually goes to the BC government.
2. You Don’t Choose Who Handles Your Affairs
When you make a will, you name an executor — the person responsible for paying your debts, filing your final tax return, and distributing your assets.
If you die without a will, someone (usually a family member) must apply to the court to become your estate administrator. This process can take months and may cause conflict if more than one person wants the role. In the meantime, your assets could be frozen, and your loved ones might not have access to important funds for expenses such as funeral costs.
3. Your Minor Children Could Be Affected
One of the biggest reasons to have a will is to protect your children. If you have minor children and die without a will, a court will decide who becomes their legal guardian. While the court will act in the children’s best interests, it may not choose the person you would have wanted.
A will allows you to name a guardian and ensure that your children are cared for by someone you trust. It also lets you specify how and when your children will receive their inheritance.
4. Common-Law Spouses Have Rights, Too
Under BC law, common-law partners (those who have lived together in a marriage-like relationship for at least two years) have the same inheritance rights as married spouses. However, proving a common-law relationship can sometimes lead to legal disputes — especially if other family members disagree.
Having a valid will removes this uncertainty and protects your partner’s rights to your estate.
5. It Can Lead to Delays, Costs, and Conflict
Without a will, settling your estate often takes much longer and costs more. The court process, family disagreements, and legal fees can all reduce the amount your loved ones ultimately receive.
Clear instructions in a valid will help avoid confusion and minimize the emotional and financial strain on your family.
6. How to Avoid Intestacy
The best way to ensure your wishes are followed is to make a legally valid will. In BC, a will must be:
- In writing
- Signed by you (the will-maker)
- Witnessed by two people who also sign the document
You can create a simple will on your own, but for larger or more complex estates, it’s best to speak with a lawyer who can make sure everything is properly prepared and legally binding.
Final Thoughts
Dying without a will in British Columbia means losing control over who inherits your estate and who looks after your loved ones. By making a will now, you ensure your wishes are respected, reduce stress for your family, and protect what matters most.
Creating a will doesn’t have to be complicated — and it’s one of the most caring things you can do for those you leave behind.
Contact Wishart Brain and Spine Law in Vancouver
At Wishart Brain and Spine Law, we help clients across British Columbia with wills, estate planning, and probate matters. Our team can guide you through every step of creating a clear, legally binding will that protects your family and your future.
CONTACT USContact Wishart Brain and Spine Law in Vancouver today to schedule a consultation and gain peace of mind knowing your estate is in good hands.
