What Happens If You Die Without a Will in BC?

What "dying intestate" means

Dying intestate simply means dying without a valid will. In BC, this triggers Part 3 of the Wills, Estates and Succession Act (WESA), which lays out a strict hierarchy for how your estate is distributed.

You don't get to express preferences. The formula is fixed by law. It doesn't account for your relationships, your wishes, or who actually helped you during your life.

How BC distributes an intestate estate

WESA's intestacy rules follow a specific order. Here's how it works depending on your family situation:

If you have a spouse and no children

Your spouse receives the entire estate. This is the simplest scenario.

If you have a spouse and children — all from that relationship

Your spouse receives the entire estate. Your children inherit nothing directly from intestacy (though they may have other claims).

If you have a spouse and children from another relationship

This is where intestacy gets complicated. Your spouse receives:

• A preferential share of the first $150,000
• 50% of the remaining estate

Your children from the other relationship split the other 50%.

If you have children but no spouse

Your children share the estate equally. If a child has died before you but has their own children (your grandchildren), those grandchildren inherit their parent's share.

If you have no spouse and no children

The estate goes to your parents. If your parents have also died, it goes to your siblings (and their children if they've died). The chain continues through increasingly distant relatives.

If you have no surviving family

The estate escheats — it transfers to the BC government. This is rare, but it happens.

Who counts as a "spouse" under WESA?

WESA defines spouse broadly. You are considered a spouse if you were:

• Legally married to the deceased, or
• Living in a marriage-like relationship for at least 2 years (common-law)

This means common-law partners have the same intestacy rights as married spouses. However, there's a critical difference: a marriage certificate is straightforward to prove. A common-law relationship may require evidence — shared finances, cohabitation records, joint accounts, testimony from friends and family.

Without a will naming your partner, they may face a legal battle to claim what you would have wanted them to have.

What about jointly owned property?

Property owned as joint tenants with right of survivorship passes directly to the surviving owner and does not go through the estate at all. This is true whether or not you have a will.

Property owned as tenants in common does become part of the estate and is subject to intestacy rules.

The distinction matters enormously. Many couples assume their home will "automatically" go to their partner, but this depends entirely on how the title is registered.

What about bank accounts and investments?

Some assets bypass the estate entirely, regardless of your will (or lack thereof):

• RRSPs and TFSAs with a named beneficiary go directly to that person
• Life insurance with a named beneficiary pays out outside the estate
• Joint bank accounts typically pass to the surviving account holder
• Pensions with designated beneficiaries follow their own rules

Everything else — sole bank accounts, personal property, vehicles, investments without a beneficiary — flows through the estate and is subject to intestacy distribution.

The real cost of dying without a will

Beyond the distribution formula, intestacy creates practical problems:

• No executor: Someone must apply to the court to be appointed administrator, which takes time and costs money
• Posting a bond: An administrator may be required to post a surety bond, which is an additional expense
• Higher fees: The administrative process for intestate estates is typically longer and more expensive than probating a will
• Family disputes: Without clear instructions, disagreements about who gets what are common
• No guardian named: If you have minor children, a court must decide who cares for them

How to avoid intestacy

The solution is straightforward: make a valid will. In BC, a valid will requires:

• The will-maker must be 16 or older and mentally capable
• The will must be in writing
• The will must be signed by the will-maker
• Two witnesses must be present and sign — neither witness can be a beneficiary

For more on costs, see our guide: How Much Does a Will Cost in BC?