My Loved One Died Without A Will in BC – What Now?

Losing a loved one is never easy, and it can be even more complicated when they died without a will in BC. If you’re in British Columbia and facing this situation, you may be wondering what your next steps should be. That’s where we come in.

An individual that died without a will in BC, is called an intestate. The Wills and Estates Succession Act (WESA) has provisions for how the estate of an intestate (called an intestate estate) is to be distributed.  In this blog, we’ll explore what it means to die intestate in British Columbia and what your options are if your loved one died without a will. We’ll cover everything from how the assets are distributed and what happens to debts. We’ll also discuss what happens if there are no surviving family members and what you should do next.

Our goal is to provide you with the information you need to navigate this difficult time and make informed decisions. Losing a loved one is never easy, but with the right guidance and support, you can find your way through it. So if you’re wondering “What now?” after your loved one died without a will, keep reading.

What is the surviving spouse entitled to when someone dies without a Will in BC?

To best understand who gets what you need to understand the concept of a “preferential share” in estate law.  In non-legal terms, the preferential share in estate law refers to a specific type of ownership that gives certain people a priority claim over others to receive a portion of an estate when someone passes away.  In essence, preferential shares ensure that certain individuals are given priority over others when it comes to receiving an inheritance.

WESA defines a spouse as 2 persons married to each other or living together in a marriage-like relationship for at least 2 years, as of the date of death of one of the persons. If the married persons separate or the marriage-like persons terminate their relationship, they are no longer spouses under WESA.

What the surviving spouse’s gets depends upon whether the deceased has any surviving descendants, meaning children or grandchildren.

• If the deceased has no surviving descendants, then the estate is given to the surviving spouse.
• If the deceased has surviving descendants, then the surviving spouse first receives the household furnishings and a preferential share of the deceased’s estate.

The dollar amount of the estate that the surviving spouse receives (the “preferential share”) depends upon whether the deceased’s children are both the deceased’s and the surviving spouse’s,

• If all descendants are the spouse’s and the deceased’s, then the preferential share given to the spouse is $300,000 with whatever is left over going to the children and grandchildren.
• If all descendants are not the spouse’s and the deceased’s, then the preferential share is $150,000 and the remainder going to the children and grandchildren.

What if my loved one’s estate is or isn’t significant?

If the net value of the person who died without a will’s estate is less than the preferential share, then the estate is given to the spouse.

If the net value of the intestate estate is the same as or greater than the preferential share, then remainder of the estate (called the residue) after preferential share, is distributed as follows:

• One-half to the surviving spouse
• One-half to the deceased’s descendants

What if they died without a Will in BC and have no surviving spouse?

If the deceased does not have a surviving spouse but has descendants or relatives, the person who died without a will in bc’s estate is distributed to the descendants or relatives. It is not distributed to all descendants and relatives, rather it is distributed to the closest surviving generation as follows:

1. The deceased’s descendants.
2. If there are no surviving descendants, then to the deceased’s parents in equal shares or the surviving parent.
3. If there are no surviving descendants and parents, then to the descendants of the deceased’s parent(s).
4. If there are no surviving descendants, parents, and descendants of the parents, then to the surviving grandparents or descendants of the deceased’s grandparents.
5. If there are no surviving descendants, parents, descendants of the parents, grandparents and descendant of the grandparents then to the surviving great-grandparents or descendants of the deceased’s great grandparents.
6. If none of the above applies, then the estate passes to the government.

When the intestate estate is distributed to the correct generation according to the list above, it is divided into shares.  These are shares that are equal to the number of surviving descendants and also deceased descendants who have left descendants surviving them in that generation.

Descendants or relatives with half relationships to the deceased inherit equally as those with whole relationships to the deceased in a generation.

What should I do now?

Losing a loved one is a challenging and emotional experience, and the legal process of dealing with their estate can add additional stress, especially if they died without a will in BC. However, with the right information and guidance, you can navigate the process of dying intestate in British Columbia and ensure that your loved one’s assets are distributed according to the law and their wishes. Whether you’re the executor of the estate or a surviving family member, it’s essential to understand your rights and responsibilities. By working with an experienced estate lawyer, you can get the support you need and ensure that your loved one’s wishes are respected. Remember, you don’t have to go through this alone.