What happens if I die without a Will in BC?
If you die without a Will in British Columbia, you are considered to have died “intestate.” That doesn’t mean your estate disappears — but it does mean you don’t get to choose who inherits, who manages your estate, or how quickly things move forward. Instead the Wills, Estates and Succession Act (WESA) of British Columbia sets out the rules of who inherits, whether those rules fit your family or not.
1 — WESA decides who inherits
With no will, your estate is distributed according to WESA’s intestacy rules. For many families, the result is not what they assume — especially in blended families, or situations where adult children and a surviving spouse have different expectations.
2 – Someone has to manage the estate
Even when everyone agree, financial institutions, the Land Title Office, Manufactured Home Registry and other institutions typically will not release or transfer assets until someone has legal authority to act. Without a will naming an executor, a person — often a spouse or family member — may need to apply to court to be appointed as the administrator.
That process can take time, require paperwork and supporting documents and may slow down tasks like:
3 – Minor children’s inheritance may be held until age 19
If a child inherits under intestacy and is under 19, their share may be held by the Public Guardian and Trustee of British Columbia (PGT) until age 19. This can add administrative steps and the PGT will charge fees (taken from this share) for managing and investing this inheritance until the child turns 19.
4 – Spouses and children may share the estate
For married or common-law spouses, dying without a will can leave the surviving spouse in a difficult position. In British Columbia they receive the first $300,000 of the estate if all the children are shared with the deceased or $150,000 if the deceased has children from a previous relationship. The rest of the estate is divided between the spouse and children.
This can be especially challenging if the family home is in the deceased’s name alone, as the surviving spouse may not receive the home and might need to sell it or refinance to buy the children’s shares.
5 – A will can make things easier
A well-made estate plan doesn’t just distribute the assets it also helps by:
