When you create your will, you ensure that your wishes will be respected and your loved ones will be taken care of, once you have passed away. But what happens if you pass away without a will?

When you die without a will, your estate is dealt with in accordance with the law. Your assets, such as your bank account or real estate in your name, form part of your estate when you die.

In British Columbia, the legislation is known as the Wills, Estates and Succession Act (WESA). Here’s a breakdown of how your estate would be handled under WESA if you die without a will:

Understanding Intestate Succession: What Happens When There Is No Will

1. Spouse But No Descendants

If you die without a will and leave behind a spouse but no children or other descendants, your entire estate is distributed to your spouse. This means all your assets go to your spouse. None of your assets will be distributed to other family members or causes you may have wanted to support.

2. Spouse and Descendants

If you die without a will and leave both a spouse and descendants (children, grandchildren, etc.), the distribution becomes more complex, and involves 1) household furnishings, preferential share and remaining estate:

Household Furnishings

Your spouse receives all your household furnishings. These are items typically associated with the enjoyment of the home.

Preferential Share

Your spouse also receives a portion of the estate called the “preferential share.” The amount of this share depends on whether the descendants are also your spouse’s descendants:

1. All Common Descendants: If all your descendants are also your spouse’s, the preferential share is $300,000.
2. Mixed Descendants: If you have descendants from another relationship, the preferential share for your spouse is $150,000.

Remaining Estate

After the preferential share and household furnishings are given to your spouse, the remaining estate is divided, based upon the “net value of an intestate estate”. The net value of an intestate estate means the value of an intestate estate after deducting from its fair market value, both inside and outside British Columbia,

• • the value of household furnishings distributed to a spouse under subsection (2), and
  • charges, debts, funeral and administration expenses, and fees under the Probate Fee Act, payable from the estate.

1. Less than Preferential Share: If the estate’s value is less than the preferential share, your spouse gets everything from the remaining estate.
2. More than Preferential Share: If the estate’s value exceeds the preferential share, the remaining estate is split equally between your spouse and your descendants.

3. Two or More Spouses

In BC, you cannot be legally married to more than one spouse. However, WESA, recognises that an individual may have had more than one spouse, and therefore, obligations to said spouses. If you have multiple spouses (legal or common-law), they must agree on how to divide the spousal share. If they cannot agree, the court decides.

4. No Spouse, But Descendants or Relatives

If you die without a will and do not leave a spouse, your estate is distributed to other family members in a specific order:

• Descendants: Your estate first goes to your descendants (your children or grandchildren).
• Parents: If there are no descendants, your estate goes to your parents equally or to your surviving parent.
• Your Parents’ Descendants: If there are no descendants or parents, your estate goes to your parents’ descendants (your siblings).
• Grandparents and Their Descendants: If there are no descendants, parents, or siblings, your estate is divided equally among your grandparents. If there are no surviving grandparents, then your estate is divided among the descendants of your grandparents (your cousins).
• Great-Grandparents and Their Descendants: If there are no descendants, parents, siblings, grandparents, or descendants of your grandparents, the estate goes to your great-grandparents. If there are no surviving great-grandparents, then your estate is divided among the descendants of your great-grandparents (your second cousins).
• Government: If no relatives can be found from section (a) to (e), the entire estate passes (escheats) to the government and is subject to the Escheat Act.

Why You Need a Will

Reviewing the legislation and understanding these default rules highlights the importance of having a will. Likely, these default rules do not align with your personal wishes on who receives your estate. If you wanted to leave a larger share of the estate to one of your children or siblings, this must be articulated in your will. Or if you wanted to leave a share of your estate to a charitable cause that is important to you, this must be in your will.

As you can see, without a will, your estate might not be distributed according to your personal wishes. A will allows you to:

• Specify who receives your assets.
• Choose a trusted person, known as your Executor, to deal with and administer your estate, in accordance with your wishes.
• Provide for minor children and name a guardian.
• Avoid family disputes and legal complexities.
• Support charitable causes and leave a legacy.

Your will is an essential document to ensure your estate is managed effectively, your wishes are respected, and your loved ones are taken care of. In British Columbia, your will is foundational for securing your legacy. Take charge and create a will that reflects your values and wishes. Don’t let legislation dictate your legacy.

Need help drafting your will or personal planning documents? Contact Ridge Notaries today to get started on securing your legacy.  We specialize in real estate conveyancing, estate planning, and notarizations, offering professional and personalized services to meet your needs. We are notaries who have proudly been serving the communities of Maple Ridge, Pitt Meadows and Mission for 17 years.

Note: This article does not provide legal advice. For advice on estate planning, contact our office at 604-476-2131.