When someone passes away without a will, their estate is considered intestate. This means the deceased’s estate is distributed based on a legal formula rather than personal wishes. In these cases, the law determines who inherits the deceased’s property and assets, which can lead to unintended consequences for surviving family members. Without clear instructions left in a valid will, assets likely won’t go to the individuals the deceased would have chosen. In British Columbia, the Wills, Estates, and Succession Act (WESA) governs how an intestate estate is distributed.
Who Inherits Under BC’s Intestacy Rules?
Intestacy rules are legal guidelines that dictate how an estate is divided when there is no valid will or when a will does not cover all assets. These rules determine who receives the deceased’s property and in what proportion. Guidelines established in WESA distribute assets to the deceased’s family and loved ones based on their relationship to the deceased. Surviving spouses are first to receive assets, followed by children.
It’s important to note that WESA’s description of a spouse extends beyond marriage. We usually think about a spouse as a legally married partner. However, WESA also includes common-law partners as spouses. This includes individuals who lived with the deceased in a marriage-like relationship for at least two years before their death. Therefore, more than one person may qualify as a surviving spouse and the estate could be further divided between a lawfully married spouse and a common-law spouse.
If There Is a Surviving Spouse and Children
When a parent dies without a will, their surviving spouse is entitled to a preferential share of the estate. Award amounts are specifically listed in WESA. These include $300,000 if the deceased’s children are also the surviving spouse’s children or $150,000 if the deceased had children from a previous relationship. Once the surviving spouse has collected their preferential share, they also inherit half of the remaining estate. The other half is divided equally among the deceased’s children. Minor children inherit their share when they turn 19. Additionally, the spouse is given the right to acquire the family home as part of their share of the estate.
These circumstances become complex if there are multiple surviving spouses. The surviving spouses must agree on how to divide the spousal share of the estate. If they cannot reach an agreement, the court will determine a fair division.
If There Is No Surviving Spouse
If a parent dies without a will and no surviving spouse, the estate is divided equally among the children. However, if one of the children has predeceased the parent, assets are not divided equally among surviving siblings. Instead, the sibling who passed away has their share passed to their descendants (the grandchildren of the parent who passed away without a will).
If There Are No Surviving Spouses or Descendants
In cases where there are no surviving spouses, children, or grandchildren, the estate is passed to the deceased’s parents; if the parents are deceased, the estate is inherited by the deceased’s siblings in equal shares.
What to Do If a Parent Dies Without a Will
Losing a parent is never easy, and it becomes even more overwhelming when there is no will in place. It can be difficult to know how to proceed, especially when navigating intestate succession laws and distributing the estate of a deceased without a will. At Stephens & Holman, we can help guide you through the process, ensuring that your rights are protected and that the estate is handled according to BC law. If you need assistance understanding what to do if a parent dies without a will, our estate litigation team is here to help.