Mark Szepes
It’s often said that the only certain things in life are death and taxes. While we can’t avoid either, we can plan ahead, especially when it comes to what happens after we pass away.
In British Columbia, many adults still don’t have a valid will. In fact, it’s estimated that about half of Canadians die without one. When that happens, the law, not your wishes, decides how your estate is handled.
This process is called intestacy, and it can create unexpected outcomes, delays, and stress for your loved ones.
How Intestacy Works in British Columbia
If you die without a will in BC, your estate is distributed under the Wills, Estates and Succession Act (WESA). This legislation sets out a strict formula for who inherits your assets.
While this may sound straightforward, the reality is often more complicated and sometimes unfair.
Let’s look at a few common situations.
When There Is a Spouse and Children
Your Spouse May Not Inherit Everything
Many people assume that if they die, everything will automatically go to their spouse. That’s not always the case.
Under WESA, your spouse is entitled to a “preferential share” of your estate:
- $300,000 if all children are shared with that spouse
- $150,000 if any children are from another relationship
After that, the remaining estate is split:
- 50% to the spouse
- 50% to the children
Why This Can Be a Problem
This structure can create real financial pressure. For example, if most of the estate is tied up in a home, the surviving spouse may be forced to:
- Sell the family home
- Liquidate other assets
- Borrow funds to pay out the children’s share
This is not what most families would choose, but without a will, the options are limited and the outcome may be unfavorable or not what you intended.
What Happens If Children Are Minors?
If children are under 19, their inheritance is not managed by the surviving parent.
Instead, it is held by the Public Guardian and Trustee of British Columbia. That office:
- Controls how the funds are invested
- Decides how and when money is used for the child’s benefit
This can limit a parent’s ability to make financial decisions for their own child.
Important: Act Quickly
If your spouse dies without a will, it’s important to seek legal advice right away. Early guidance can help you:
- Understand your rights
- Avoid costly mistakes
- Protect your financial stability
When There Is No Spouse or Children
Who Inherits Your Estate?
If there is no spouse or children, WESA sets out a hierarchy:
- Parents
- Siblings
- Nieces and nephews
- More distant relatives (such as cousins)
If no eligible relatives are found, the estate may ultimately go to the Province of British Columbia.
Unexpected Outcomes
This can lead to surprising, and sometimes troubling, results:
- Estranged family members may inherit
- Close friends or partners may receive nothing
- People you intended to benefit are excluded entirely
Without a will, there is no way to reflect your personal relationships or intentions.
Common-Law Relationships and Legal Challenges
Not All Relationships Are Recognized Automatically
In British Columbia, common-law partners can have inheritance rights, but those rights are not always straightforward.
If a partner is not clearly recognized as a “spouse” under WESA, they may need to:
- Prove the relationship in court
- Provide evidence of cohabitation and interdependence
This Can Lead to Disputes
These situations often result in:
- Legal delays
- Increased costs
- Conflict with the deceased’s family
In some cases, disputes can take years to resolve, adding stress during an already difficult time.
Separation Without Divorce: A Hidden Risk
A particularly complex situation arises when someone is:
- Separated from their spouse
- But not legally divorced
Depending on the circumstances, that spouse may still have a claim to the estate.
This can create outcomes that do not reflect the deceased’s current relationships or intentions.
Why Having a Will Matters
A properly drafted will allows you to:
- Decide who inherits your assets
- Protect your spouse and children
- Choose who will manage your estate
- Avoid unnecessary legal disputes
Just as importantly, it gives your loved ones clarity and peace of mind.
Without a will, your family may face:
- Delays in accessing funds
- Unexpected financial burdens
- Conflict between family members
Take the Next Step and Get, or Update, Your Will
Creating a will doesn’t have to be complicated, but it does need to be done properly.
Working with a lawyer helps ensure that:
- Your will is legally valid
- Your wishes are clearly documented
- Potential issues are addressed in advance
If you don’t yet have a will, or if your situation has changed, now is a good time to review your plan. Contact one of NorthShore Law’s Estate Planning lawyers to help you ensure your wishes and plans are correctly in place.
If a loved one has died without a will, then contact me, Mark Szepes, to review your options and plan a way forward.
