Question 1

What happens when someone dies without a will in BC?

Accepted Answer

Dying without a will is called dying 'intestate.' BC's Wills, Estates and Succession Act (WESA) then dictates who inherits — your own wishes have no legal effect. A family member must apply to BC Supreme Court to be appointed administrator. The estate is distributed according to a fixed formula: a surviving spouse receives a 'preferential share' first ($300,000 if children are shared, $150,000 if the deceased had children from a prior relationship), with the remainder split between the spouse and children. Without any relatives, the estate ultimately escheats to the BC government.

Question 2

Does a common-law spouse inherit if there is no will in BC?

Accepted Answer

Only if they qualify as a 'spouse' under WESA — which requires living together in a marriage-like relationship for at least 2 years immediately before the date of death. A common-law partner of less than 2 years receives nothing under BC's intestacy rules, regardless of the length of the relationship before they moved in together or the circumstances of the death. This is one of the most important reasons that unmarried couples must have wills.

Question 3

Who inherits under BC intestacy rules if there is no spouse and no children?

Accepted Answer

WESA's intestacy rules follow a priority ladder: (1) spouse and/or children; (2) if none, parents; (3) if none, siblings (or their descendants); (4) if none, grandparents; (5) if none, aunts and uncles (or their descendants). If there are no surviving relatives at any of these levels, the entire estate escheats — passes to the BC government. Distant relatives and close friends receive nothing unless named in a will.

Question 4

What is the spouse's preferential share in a BC intestate estate?

Accepted Answer

WESA gives a surviving spouse priority over children: the spouse receives the first $300,000 of the estate (the 'preferential share') if all children are also children of the surviving spouse. The preferential share drops to $150,000 if the deceased had children from a prior relationship. After the preferential share is taken, the remainder is split: entirely to the spouse if there are no children; one-half to the spouse and one-half to the children if there are children.

Question 5

Can I make a will in BC if I am seriously ill?

Accepted Answer

Yes — as long as you have testamentary capacity at the time of signing. Testamentary capacity means you understand: the nature of making a will; the extent of your property; the people who would naturally expect to benefit from your estate; and how your will distributes your estate. A serious illness does not automatically remove capacity. However, it is important to act quickly — capacity can fluctuate, and the window may close. A BC estate lawyer can assess capacity, document it properly, and have the will executed urgently.

Question 6

How long does administering an intestate estate in BC take?

Accepted Answer

Administering an intestate (no-will) estate typically takes longer than a testate (will) estate. First, a family member must apply to court to be appointed administrator — this alone adds 4–8 weeks. Then the administration proceeds similarly to a probate estate: gathering assets, paying debts, filing tax returns, obtaining CRA clearance, and distributing to beneficiaries. Total time is typically 12–24 months, longer for complex or disputed estates.

Question 7

Does a BC intestate estate always have to go through probate?

Accepted Answer

When there is no will, there is no executor — someone must be appointed administrator by BC Supreme Court before they have legal authority to deal with the estate. This court appointment is functionally equivalent to probate and is required before most financial institutions and the Land Title Office will recognise the administrator's authority. Small, simple estates with jointly held assets or named beneficiaries on all accounts may not require court involvement, but this should be confirmed with a BC estate lawyer.

Question 8

Can I claim a share of an intestate estate if I was financially dependent on the deceased?

Accepted Answer

Yes. WESA's intestacy rules are not the only avenue. Under WESA Part 6, a person who was financially dependent on the deceased — including an adult child with a disability, a non-qualifying partner, or another dependent — can apply to BC Supreme Court for a share of the estate based on their dependency, regardless of what the intestacy rules would otherwise provide. This application must be made within 180 days of letters of administration being issued.

Dying Without a Will in BC 2026 — Who Inherits Under BC Intestacy Rules | Sea to Sky Law