There is a common myth in British Columbia that if you die without a will, the government takes your money. That is not quite true, but the reality is not much better. If you die without a valid will, the law decides who inherits, who is in charge of your estate, and who looks after any minor children.
Dying without a valid will is called dying “intestate.” Your estate is then divided under fixed rules in the Wills, Estates and Succession Act (WESA), which often do not match what you would have wanted. Here is what happens to your assets, your estate and your children.
Which Assets Are Affected?
The intestacy rules apply to assets that would pass through your estate. Assets held in joint tenancy, such as a home owned jointly with your spouse, and assets with a named beneficiary, such as RRSPs or life insurance, generally pass outside your estate to the surviving owner or the named person. Everything else is divided under the rules below.
Who Gets Your Assets? The BC Intestacy Rules
WESA follows family ties. It does not matter what you promised someone verbally, or who you were closest to.
You have a spouse but no children
Your spouse inherits the whole estate. In BC, a spouse includes a married partner and a partner you have lived with in a marriage-like relationship for at least two years.
You have a spouse and children who are all also your spouse’s children
Your spouse receives the household furnishings, the first $300,000 of the estate, and half of what remains. Your children share the other half equally. For example, on a $900,000 estate, the spouse receives $300,000 plus half of the remaining $600,000, which is $600,000 in total, and the children share $300,000.
You have a spouse and at least one child who is not your spouse’s
The spouse’s preferred share drops to $150,000. On a $900,000 estate, the spouse receives $150,000 plus half of the remaining $750,000, which is $525,000 in total, and the children share $375,000. If the main asset is the family home, this can put pressure on the surviving spouse to sell or to buy out the children’s shares.
You have children but no spouse
Your children share the estate equally. If a child has died before you, their share goes to their own children.
You have no spouse and no children
The estate passes to your parents, and if they have died, to your siblings (or their children), and then to more distant relatives such as grandparents, aunts and uncles. If no relative can be found, the estate passes to the provincial government.
Who Is in Charge? The Administrator
When you have a will, you name an executor. Without one, nobody has authority to deal with your estate. Someone must apply to the Supreme Court of British Columbia for a Grant of Administration, and the person appointed is called the administrator.
There is an order of priority for who may apply, generally starting with the spouse, then adult children and other relatives. If several family members want the role, or cannot agree, a dispute can arise before administration even begins. The court may also require the administrator to post a bond, which adds cost and delay. Even with a will, the estate may still need court approval: see how wills and probate differ in BC.
What Happens to Minor Children?
This is the most serious consequence of having no will. In BC, a minor is anyone under 19.
Who raises your children?
A will lets you name a guardian for your children. Without one, family members may need to apply to the court, and the court decides based on the child’s best interests. The person it chooses may not be someone you would have picked.
The Public Guardian and Trustee
A minor cannot hold an inheritance directly. If a child inherits from an intestate estate, the money is paid to the Public Guardian and Trustee, who holds it until the child turns 19. The Public Guardian and Trustee charges fees for this service, and the child’s guardian must apply to access funds for things like education or activities.
A lump sum at 19
With a will, you can set up a trust that pays out in stages, for example at ages 25 and 30. Without one, the child receives the whole inheritance when they turn 19.
Protect Your Family With a Will
A properly drafted will is the way to override the default rules: you choose your executor, name guardians, and decide who receives what and when. At Cube Law Corporation, we offer fixed-fee wills and estate planning in Surrey, with a written quote that sets out what is included. Government fees, disbursements and taxes are separate. You can also read about our last will and testament service and our broader wills and estate planning work.
Frequently Asked Questions
What happens if you die without a will in BC?
Your estate is divided under WESA’s intestacy rules, a court-appointed administrator manages it, and the court decides who raises any minor children.
Does a common-law spouse inherit in BC?
Yes, if you lived together in a marriage-like relationship for at least two years, a partner counts as your spouse under WESA.
Do the intestacy rules apply to a joint home or a life insurance policy?
Generally no. Jointly owned property and assets with a named beneficiary pass outside the estate.
Talk to a Surrey Wills Lawyer
If you do not yet have a will, or yours is out of date, get a fixed-fee wills quote from Cube Law.