Nobody plans to leave their family in legal limbo. Yet nearly half of all adults in British Columbia don’t have a current will in place. If you’re among them, there’s something important you should know: when a person dies without a will in BC, they don’t get a say in what happens next. The province’s intestacy laws step in, and the results can look very different from what most people assume.
This guide walks through exactly how BC’s intestacy rules work, who inherits what, and why the outcome often catches families off guard — particularly in the Fraser Valley, where rising property values mean even a modest estate can trigger complicated legal situations.
What Does "Dying Intestate" Mean?
Dying intestate simply means dying without a valid will. In British Columbia, when this happens, a law called the Wills, Estates and Succession Act (WESA) determines how your assets are divided. WESA replaced several older pieces of legislation when it came into force in 2014, and it applies to anyone who passes away while living in BC.
The critical thing to understand is that WESA’s distribution formula is rigid. It doesn’t account for verbal promises, family dynamics, or what you might have discussed with your spouse over the kitchen table. If your wishes aren’t written into a valid will, the law treats them as though they don’t exist.
This applies whether your estate is worth $50,000 or $5 million. The formula is the same.
How WESA Divides Your Estate Without a Will
The distribution scheme under WESA follows a strict hierarchy. Your assets go first to your spouse, then to your children, and then outward to more distant relatives. But the specifics depend heavily on your family situation.
If You Have a Spouse but No Children
This is the simplest scenario. Under Section 20 of WESA, your spouse inherits your entire estate. There’s no sharing with parents, siblings, or anyone else.
It’s worth noting that WESA defines “spouse” broadly. It includes people who are legally married and people who have lived together in a marriage-like relationship for at least two years before the death. If you’ve been in a common-law relationship for two or more years, your partner has the same inheritance rights as a married spouse under these rules.
If You Have a Spouse and Children — All From the Same Relationship
When you and your spouse have children together (and neither of you has children from a previous relationship), your spouse receives what’s called the “spousal preferential share.” Under current rules, that amount is $300,000, plus all household furnishings.
If the estate is worth less than $300,000, the spouse gets everything. If the estate exceeds $300,000, the remainder after the preferential share is split evenly — 50% to the spouse and 50% divided equally among the children.
Fraser Valley Context
Imagine a family home in Chilliwack valued at $750,000 with $50,000 in other assets. The surviving spouse would receive $300,000 plus furnishings, leaving $500,000. Of that, the spouse gets $250,000 and the children share $250,000 equally. If there are two children, each receives $125,000.
That may sound reasonable in the abstract, but it raises a practical problem. Half the family’s wealth may be tied up in the home, and the children’s share could force a sale of the property to distribute the funds — even if the surviving spouse still lives there.
If You Have a Spouse and Children From Different Relationships
This is where WESA’s formula creates the most friction. When the deceased has children who are not also children of the surviving spouse — for example, children from a previous marriage — the spousal preferential share drops to $150,000.
After the preferential share and household furnishings, the remaining estate is still split 50/50 between the spouse and the children. But that reduced preferential share can leave a surviving spouse in a much more precarious financial position, particularly when the family home represents the bulk of the estate.
Important Note on Stepchildren
Stepchildren, notably, have no inheritance rights under WESA’s intestacy rules at all. Only biological and legally adopted children qualify as “descendants.” A stepchild you raised from infancy receives nothing unless they are specifically named in a will.
If You Have Children but No Spouse
When there’s no surviving spouse, the estate is divided equally among the children. If a child has already passed away, their share flows down to their own children (your grandchildren) in equal portions.
If You Have No Spouse and No Children
The estate moves outward through your family tree in this order: parents first, then siblings, then grandparents, then aunts and uncles, then cousins. Each level only inherits if no one at the previous level survives you.
If no relatives can be located at any level, the estate “escheats” — meaning it passes to the provincial government. While this outcome is rare, it does happen.
What About the Family Home?
WESA does give surviving spouses a special right regarding the family home. The spouse can choose to acquire the matrimonial home as part of their share, even if its value exceeds their entitlement. They would then need to account for the excess value by receiving less from other estate assets.
This right exists to prevent the forced sale of the home, but it only works if there are enough other assets to balance the distribution. In many Fraser Valley families, the home is by far the largest asset, which means this protection has practical limits.
The Administrator Problem: Who Manages Everything?
When someone dies with a will, the person they named as executor steps in to manage the estate. Without a will, there is no executor. Instead, someone must apply to the BC Supreme Court for a “grant of administration” — essentially asking the court for permission to manage the deceased’s affairs.
This process requires two physicians to provide affidavits about the deceased’s incapacity (if applicable), a detailed inventory of assets and debts, and a court application that can take six months to a year or longer. Legal costs typically range from $5,000 to $10,000 and are paid from the estate.
During this waiting period, bank accounts may be frozen, mortgage payments may go unpaid, and bills can pile up. The family is essentially stuck until the court grants someone the authority to act.
WESA gives priority to the surviving spouse for the administrator role, followed by children. But when there are disagreements about who should serve — which is more common than you’d expect — the process becomes even longer and more expensive.
Guardian of Minor Children
If both parents pass away without a will and there are minor children (under 19 in BC), neither parent has expressed a legal preference for who should raise the children. Under WESA, the default is that the Director under the Child, Family and Community Service Act becomes the personal guardian, and the Public Guardian and Trustee becomes the property guardian.
This doesn’t mean the government raises your children permanently — family members can apply to the court for guardianship. But the process takes time, creates uncertainty, and removes your voice from one of the most important decisions a parent can make.
A will allows you to name the person you want to care for your children, explain your reasoning, and provide financial instructions for their upbringing.
Common Misconceptions About Dying Without a Will
There are several common myths regarding what happens when you die intestate:
- Your spouse automatically gets everything: As outlined above, that's only true if you have no children. The moment children are involved, the estate is divided.
- Common-law partners are not protected: Under WESA, common-law partners who have lived together for at least two years are treated the same as married spouses for inheritance purposes. However, proving the relationship existed — and for the required duration — can become a point of contention without clear documentation.
- All assets go through the estate: Property held in joint tenancy with right of survivorship passes directly to the surviving owner outside of the estate. The same is true for life insurance policies, RRSPs, TFSAs, and other accounts with designated beneficiaries. These assets bypass WESA's formula.
The Financial Cost of Not Having a Will
Beyond the emotional toll, dying intestate creates tangible financial consequences. The court application for a grant of administration typically costs several thousand dollars in legal fees. Probate fees in BC are calculated at 1.4% of the gross estate value — and without a will, there are fewer opportunities to structure your assets in ways that minimize these fees.
There are also potential delays in accessing funds, which can create hardship for a surviving spouse who depends on shared accounts. And if disputes arise between family members about the administration of the estate, litigation costs can quickly consume a significant portion of what was meant to support the family.
Why a Will Matters More Than You Think
A will doesn’t just decide who gets your belongings. It lets you name an executor you trust, appoint guardians for your children, structure distributions to protect young beneficiaries (for example, holding assets in trust until they reach a certain age), and minimize probate fees through thoughtful planning.
Without a will, a 19-year-old child automatically receives their full inheritance. With a will, you can specify that their share is held in trust until they’re 25 or 30 — old enough to manage a significant sum responsibly.
Taking the First Step
Creating a will doesn’t need to be complicated or overwhelming. A notary public can walk you through the process, help you think through your specific family situation, and prepare a document that reflects your actual wishes — not a provincial formula written for the broadest possible circumstances.
If you’ve been putting it off, the single most important takeaway from BC’s intestacy laws is this: doing nothing is itself a choice. It’s a choice to let a statutory formula decide your family’s future, and it rarely produces the outcome people would have wanted.
Frequently Asked Questions
Does my spouse automatically inherit everything if I die without a will in BC?
Only if you have no children or other descendants. If you have children, WESA requires the estate to be split between your spouse and children after the spousal preferential share is paid out.
Are common-law partners protected under BC intestacy rules?
Yes, but only if you lived together in a marriage-like relationship for at least two years before the death. Common-law partners who meet this threshold have the same rights as married spouses under WESA.
Do stepchildren inherit anything under intestacy?
No. Under WESA’s intestacy provisions, only biological and legally adopted children are considered descendants. Stepchildren must be specifically named in a will to inherit.
What is the spousal preferential share in BC?
The spouse receives $300,000 if all children are from the same relationship, or $150,000 if any children are from a different relationship, plus all household furnishings. The remainder of the estate is split 50/50 between the spouse and the children.
How much does it cost if someone dies without a will?
The court application for a grant of administration typically costs between $5,000 and $10,000 in legal fees, plus probate fees of 1.4% of the gross estate value. The process can also take 6 months or more.
