The Importance of a Will in Directing Estate Administration
When a loved one dies without a will, they die “intestate”. This can lead to complex legal steps in British Columbia. This guide explains intestate succession in BC, who inherits, and how the estate is administered. For a shorter overview, see our article on what happens if you die without a will in BC.
Intestate Succession in BC: The Consequences of Dying Without a Will
When someone dies intestate in BC, the Wills, Estates and Succession Act (WESA) decides who inherits. Without a will there are no stated wishes and no named executor, so the Act’s rules decide how the estate is divided and who may administer it. WESA treats a spouse as a married spouse or a partner who has lived with the deceased in a marriage-like relationship for at least two years.
The Process of Estate Administration Without a Will
Without a will, an eligible person can apply to the BC Supreme Court for a Grant of Administration. The administrator manages and distributes the estate. Their duties include listing the assets, paying debts, filing tax returns, and distributing the estate under WESA.
Applying for a Grant of Administration
The application involves detailed paperwork, including an estate inventory, notice to the people entitled to inherit, and affidavits. WESA sets a priority order for who may apply, starting with the spouse and the adult children, and some applicants need the consent of others who share that priority. A probate lawyer in Surrey can prepare the application and handle the court steps.
How Assets Are Distributed Without a Will
WESA sets out who receives the estate in different situations:
- If there is a surviving spouse and no children, the whole estate goes to the spouse.
- If there is a spouse and all the children are also the spouse’s children, the spouse receives the household furnishings, the first $300,000 and half of the rest. The other half is divided equally among the children.
- If there is a spouse and at least one child is not the spouse’s child, the spouse receives the first $150,000 and half of the rest, with the remainder divided among the children.
- The spouse has a right to acquire the spousal home as part of their share, but does not automatically inherit it.
- If there is no spouse, the estate goes to the children. If there are none, it goes to the deceased’s parents, then siblings, then nieces and nephews, then other relatives in a set order. If no relative qualifies, the estate goes to the provincial government.
What Intestacy Means for Your Family
These rules apply the same way to every family. They cannot take account of a blended family, a common-law partner of less than two years, a business, or a child who needs extra support. The administrator may also have to post security, and disagreements among family members can slow the process and add cost. A will avoids these problems by naming your executor, your beneficiaries and your guardians for minor children. If you already have a will, review it when your family changes, because intestate succession in BC only applies to the part of your estate that your will does not cover.
Why Seeking Legal Advice Is Essential
Managing an intestate estate, or planning your own estate without a will, means working through complex rules. A lawyer helps you follow the correct procedures and protect everyone involved. Information in this article is general and not legal advice. Contact Cube Law to talk about your situation.
