What Happens If You Die Without a Will in British Columbia?

Many people assume their spouse or children will automatically inherit everything if they pass away. In British Columbia, that is not always the case. If you die without a valid Will, you are considered to have died “intestate.” This means your estate is distributed according to provincial legislation rather than your personal wishes. In British Columbia, intestacy is governed by the Wills, Estates and Succession Act.

Who Administers the Estate?

If there is no Will, there is no named executor. Instead, someone must apply to the court to be appointed as the “administrator” of the estate. This is often a spouse or adult child, but it can be another interested party.

The administrator has similar responsibilities to an executor. They must:

• Identify and secure estate assets
• Pay debts and expenses
• File final tax returns
• Distribute the estate in accordance with the law

Until the court issues a Grant of Administration, financial institutions and the Land Title Office will generally not release or transfer assets held in the deceased’s sole name.  Legal issues can arise if more than one person believes that they are the appropriate person to administer an estate.

Who Inherits If There Is No Will?

The distribution of an intestate estate depends on your surviving family members.

If you have a spouse but no children, your spouse will generally inherit the entire estate.

If you have a spouse and children, your spouse is entitled to a preferential share (a fixed amount set by legislation), and the remainder is divided between your spouse and children according to a statutory formula.  This often comes a surprise to clients who would prefer that their entire estate pass to their spouse first and then to their children on the spouse’s passing. As well, the amount of the preferential share paid to your spouse differs depending on whether you and your spouse have mutual children or whether you have children from a previous relationship.

If you have children but no spouse, your estate is divided equally among your children.

If you have no spouse or children, the legislation sets out a hierarchy of relatives who may inherit, such as parents, siblings, nieces and nephews, and more distant relatives.

A further significant issue for many clients is that if they don’t have a will, their minor beneficiaries will inherit at the age of 19. We find that most clients who prepare their will prefer that the minor beneficiaries do not receive the bulk of their inheritance until age 25.

If no eligible relatives can be found, the estate may ultimately pass to the Province of British Columbia.

Additional Complications

Dying without a Will can create uncertainty and delay. Common issues include:

• Disagreements over who should act as administrator
• Delays in accessing funds needed to pay expenses
• Family members receiving less or more than you might have intended
• No opportunity to name guardians for minor children
• No ability to structure gifts for tax or planning purposes

Blended families, common law relationships, and estranged family members can further complicate matters.

Why Having a Will Matters

A properly drafted Will allows you to:

• Choose your executor
• Decide who inherits your estate and in what proportions
• Appoint guardians for minor children
• Create trusts where appropriate to delay the release of inheritances for minor children
• Provide clarity and reduce the risk of disputes

Without a Will, legislation dictates how your estate is divided. Taking the time to prepare one ensures your wishes are respected and can significantly reduce stress for your loved ones. Have kids? Even more reason to have your Will done, check out the Top 5 Reasons Parents Need a Will.

Our estate planning lawyers at Sitka Law Group are here to help. Contact us to schedule an initial consultation and ensure your future and your family are protected.

We are conveniently located on Shelbourne Street, near the intersection of Victoria, Oak Bay, and Saanich.

This article is current as of June 24, 2026 and it is intended for general information purposes only. It is not intended to provide legal advice and should not be considered legal advice. Readers with concerns about how this affects particular situations or transactions should obtain the independent review and advice of legal counsel.