Who Inherits If You Die Without a Will in BC?
Enter your estate and your family. This calculator applies Part 3 of BC's Wills, Estates and Succession Act (WESA) and shows how the law would split everything.
See who would inherit
Answer for the person who has died, or for yourself if you're planning.
Leave out household furniture, joint-tenancy property and accounts with a named beneficiary. Those pass separately.
Count each living child, plus each child who died earlier but left children of their own. Legally adopted children count; stepchildren do not.
Count each living sibling, plus each sibling who died earlier but left children.
Note: This is an estimate for educational purposes. It does not cover every family situation, such as two people who both qualify as a spouse. Consult a BC lawyer or notary about a specific estate.
How the estate is split
How BC divides an estate when there is no will
When someone dies without a valid will, Part 3 of WESA decides who inherits. The order is fixed. It does not consider who was close to the person, who cared for them, or what they said they wanted.
| Family left behind | Who inherits |
|---|---|
| Spouse, no children | Spouse gets everything |
| Spouse + children, all shared with that spouse | Spouse: household furnishings, the first $300,000 and half the rest. Children split the other half. |
| Spouse + any child from another relationship | Spouse: household furnishings, the first $150,000 and half the rest. Children split the other half. |
| Children, no spouse | Children share equally |
| No spouse or children | Parents, then brothers and sisters, then grandparents' families, then great-grandparents' families |
| No relatives close enough | The Province of BC |
What "estate value" means here
The spouse's first share is measured against the estate's net value: its market value after the household furnishings given to the spouse, debts, funeral and administration costs, and probate fees (WESA s. 21). That is why the calculator asks for the value after debts and costs.
Assets that pass outside the estate are not split under these rules at all. They go straight to the named person:
- A home or bank account held in joint tenancy goes to the surviving joint owner
- RRSPs, RRIFs and TFSAs with a named beneficiary go to that beneficiary
- Life insurance with a named beneficiary goes to that beneficiary
Who counts as a spouse
Under WESA, two people are spouses if they were married, or lived together in a marriage-like relationship for at least two years. Common-law partners have the same rights as married spouses. A couple stops being spouses when they separate. For married couples, that includes a separation that gives rise to a claim to family property under the Family Law Act. See Common-Law Partners and Wills in BC.
Grandchildren and "per stirpes"
If one of your children died before you and left children of their own, those grandchildren share the portion their parent would have received. This is called distribution per stirpes. That's why the calculator counts a child who died but left children as one share.
The family home
A surviving spouse can choose to take the family home as part of their share (WESA s. 26). If the home is worth more than the spouse's share, the spouse may need to pay the difference into the estate. If the home was held in joint tenancy, it already passes to the spouse outside the estate.
Other BC estate calculators
Frequently asked questions
Does my spouse get everything if I die without a will in BC?
Only if you leave no children or grandchildren. With children, your spouse gets the household furnishings, the first $300,000 (or $150,000 if any child is not also your spouse's), and half of the rest.
Do common-law partners inherit without a will in BC?
Yes, after two years of living together in a marriage-like relationship, if you had not separated. They may have to prove the relationship.
Who inherits if there is no spouse or children?
Parents first, then brothers and sisters, then grandparents' and great-grandparents' families. If there is no one, the Province.
Do stepchildren inherit without a will in BC?
No. Stepchildren who were not legally adopted do not inherit under intestacy. Only a will can include them.
For the full explanation, read What Happens If You Die Without a Will in BC?