What Happens If You Die Without a Will in BC?

If someone dies without a valid will, they die intestate. Their estate is then distributed according to the Wills, Estates and Succession Act (WESA). These rules apply to deaths after March 31, 2014.

What Counts as Part of the Estate?

When someone dies, their assets fall into two main categories. First are the assets that form part of the estate, which are controlled by the will or, if there is no will, by BC’s intestacy rules. These usually include personal belongings such as vehicles, jewelry, furniture, and artwork, as well as financial assets like bank accounts, investments, and stocks. Real estate owned directly by the deceased also falls into this group. It is important to remember that there is a difference between property a person owns personally and property owned by a company. A will can transfer shares of a company, but it cannot directly transfer property that belongs to the company itself.

Other assets do not form part of the estate because they pass automatically by law. These include jointly owned property, life insurance proceeds with named beneficiaries, RRSPs, RRIFs, TFSAs, and pensions with named beneficiaries, as well as certain trust assets. Even if the will says something different, these assets typically go directly to the named recipient.

Requirements for a Valid Will

For a will to be effective in BC, the will-maker must have intended it to distribute property, it must take effect only after death, it must be revocable, and it must be signed and witnessed in accordance with the Wills, Estates and Succession Act. When these requirements are not met, the estate may fall partly or entirely into intestacy, meaning the law decides who inherits.

Consequences of Dying Without a Will

Dying without a will often leads to outcomes the deceased never intended. A beneficiary who relies on disability or income assistance may lose eligibility if they receive an inheritance directly. Real estate located outside BC is governed by the laws of the jurisdiction where the property sits. A surviving spouse may not receive the entire estate if the deceased had children. Where a beneficiary is a minor or mentally incapable, the Public Guardian and Trustee may become involved in managing their share. Without a will, there is no ability to appoint guardians for minor children or to set up trusts to delay or manage their inheritance. Intestacy can also increase taxes because some tax deferred transfers available to a spouse are not available when assets pass directly to children.

Who Counts as a Spouse or Descendant?

BC follows a parentelic system, which means an estate is distributed by moving through a set family line order, starting with the spouse and descendants before turning to more distant relatives.

Understanding who qualifies as a spouse is key to determining how an estate is divided if there is no will. A spouse may be someone who was legally married to the deceased or someone who lived with them in a marriage-like relationship for at least two years. If spouses separate but reconcile for at least ninety days within a year, the law treats them as not having separated at all. When the deceased leaves behind more than one spouse, that entitlement must be shared, either by agreement or through a court decision.

BC law takes a broad view of descendants, which includes children, grandchildren, and all later generations. All children inherit equally whether or not their parents were married. A descendant must survive the deceased by at least five days to inherit, and even posthumously conceived children can inherit if the statutory requirements for notice and timing of birth are met.

If a person dies without anyone to inherit, the estate goes to the provincial Crown. However, someone who believes they have a legal or moral claim may later apply to recover the estate.

Conclusion

Dying without a will leaves the distribution of your estate entirely in the hands of provincial law. This can cause outcomes that are very different from what you would have chosen and can create unnecessary tax burdens, delays, and complications for your family. Taking the time to prepare a valid will is one of the most effective ways to protect the people you care about. Clear planning provides certainty, reduces conflict, and gives your loved ones a smoother path during an already difficult time. If you have not created a will yet, starting sooner rather than later can make a meaningful difference for the people who will be handling your affairs.