Dying without a will in BC means the government's rules decide who gets your estate — not you. Here's exactly what those rules say, who benefits, and who could be left out.
If you die without a will in British Columbia, your estate is distributed according to the *Wills, Estates and Succession Act* (WESA) — specifically the intestacy rules in Part 3. These rules decide who gets what based on your family structure at the time of death. Your wishes, your relationships, and what you would have wanted are not considered.
Who Inherits Under BC's Intestacy Rules
The WESA sets out a priority list for distributing an intestate estate:
- Spouse and no children: Your spouse inherits everything.
- Spouse and children (all from that spouse): Your spouse inherits the first $300,000 (the "preferential share") plus half of the remainder. Your children share the other half equally.
- Spouse and children (from a prior relationship): Your spouse receives the first $150,000 preferential share plus half of the remainder. Your children from the prior relationship share the other half.
- No spouse, children only: Your children share equally. If a child has predeceased you, their share passes to their children (your grandchildren).
- No spouse, no children: The estate passes to your parents, then your siblings and their descendants, then more distant relatives in a defined order.
- No relatives at all: Your estate escheats (passes) to the BC government.
Who "Spouse" Means in BC
Under WESA, "spouse" includes both married spouses and common-law partners who have lived together in a marriage-like relationship for at least two years. If you separated from your spouse before death, there are rules about whether they still qualify — generally, separated spouses do not inherit, but the line is not always clear.
Common-Law Partners and the Two-Year Rule
If you lived with a partner for less than two years, they are not your spouse under WESA and receive nothing from your intestate estate — even if you lived together, shared finances, or had children together. This is one of the most common and painful surprises families face when there is no will.
Children Born Outside Marriage
BC law does not distinguish between children born inside or outside of marriage for intestacy purposes. All biological and legally adopted children are treated equally.
Why the Intestacy Rules Often Don't Reflect Your Wishes
The intestacy rules are a one-size-fits-all default. They don't account for:
- A common-law partner of less than two years
- Stepchildren (who receive nothing unless adopted)
- Friends, charities, or specific causes you cared about
- Family members you were estranged from — who may still inherit
- Business partners or co-owners who need provisions to continue operations
They also don't account for how you want specific assets distributed — your home, your vehicle, a sentimental heirloom, a business interest.
What Happens to Your Children If You Have No Will
If you die without a will and have minor children, the court appoints a guardian. This may or may not be the person you would have chosen. A will allows you to name a guardian for your children — one of the most important reasons to have one in place.
How to Fix This: Make a Will
A will made in BC must be in writing, signed at the end by the testator (the person making the will), and witnessed by two adults who are present at the same time and who are not beneficiaries. Electronic wills have been permitted in BC since 2022 under prescribed conditions.
A lawyer can help ensure your will is legally valid, clearly drafted, and actually does what you intend. An unclear or improperly executed will can be challenged — and a challenge is far more expensive than getting it right the first time.
Dying without a will leaves the people you love most in an uncertain, slow, and sometimes painful process. A will is not just a legal document — it is a final act of care for your family.
Only if you have lived together in a marriage-like relationship for at least two years at the time of death. If your relationship is shorter than two years, your partner receives nothing from your intestate estate under BC law — regardless of how committed the relationship was.
No. Stepchildren who have not been legally adopted do not inherit under BC's intestacy rules. They are not included in the definition of 'children' under WESA. If you want your stepchildren to receive anything from your estate, you must name them specifically in a will.
Intestate estates typically take longer to settle than estates with a valid will. The court must appoint an administrator (rather than confirming an executor you chose), and the process of identifying all heirs and applying the distribution formula can add months. Complex estates — with multiple family branches or disputed relationships — can take a year or more.
Yes. A spouse, child, or other dependant who feels the intestacy distribution is inadequate can make a wills variation claim under WESA. This applies even to intestate estates — a court can vary the distribution if someone who was financially dependent on you is left with too little.