Does Your Spouse Inherit Everything in British Columbia?

It's a common assumption: when one partner dies, the other simply gets everything. In British Columbia that's true only in specific circumstances. WESA gives a surviving spouse a generous head start — but children, including stepchildren of a prior relationship, can change the math.

When the spouse does inherit everything

If you die without a will and have a spouse but no descendants, your spouse takes the entire estate. Clean and simple.

When children share the estate

Add children, and the spouse no longer gets it all on an intestacy:

• Children are also the spouse's children: the spouse keeps the household furnishings, takes the first $300,000 (the preferential share), and then splits the remainder 50/50 with the descendants.
• At least one child is from another relationship: the preferential share falls to $150,000, then the same 50/50 split applies. B.C. deliberately lowers the spouse's share to protect children of a prior relationship.

Common-law partners are included

Unlike Ontario, B.C. treats a common-law partner of at least two years as a spouse for inheritance. That partner inherits on intestacy and can also claim under family property rules. One twist: if you were married, separated but not divorced, and then lived common-law with someone new, two spouses may exist at once and have to divide the spousal share — exactly the kind of tangle a will avoids.

The variation risk unique to B.C.

Even with a will, B.C.'s wills variation provisions let a spouse or child ask the court to rewrite an estate plan that doesn't make "adequate, just and equitable" provision for them. B.C. is one of the few provinces where an adult child can challenge a will on these grounds. That makes thoughtful drafting — and sometimes a documented reason for unequal gifts — especially important.

How a will helps

A will lets you decide the spouse's share, protect a blended family, keep the home intact, and reduce (though not eliminate) the odds of a variation claim by planning deliberately.

Frequently asked questions

Do common-law partners inherit in British Columbia? Yes — a marriage-like relationship of at least two years counts as a spouse under WESA. How much does a surviving spouse get in British Columbia? Furnishings plus the first $300,000 (or $150,000 with children from another relationship), then half the remainder. Does a spouse get the house if there's no will in British Columbia? Not automatically, but a spouse has a right to acquire the family home as part of their share in many cases. Are stepchildren entitled to inherit in British Columbia? Not on intestacy unless adopted; a will is needed to provide for stepchildren.

Not legal advice. General information about British Columbia law as of 2026. Confirm specifics with a B.C. estate lawyer or notary.