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

Die without a valid will in British Columbia and you die intestate. The Wills, Estates and Succession Act (WESA) then runs a fixed formula over your estate — and unlike older laws, B.C.'s version explicitly recognizes common-law partners.

B.C.'s intestacy formula

A surviving spouse always receives your household furnishings, plus a preferential share, before the rest is divided:

• Spouse, no descendants: the spouse inherits everything.
• Spouse + children who are also the spouse's children: spouse gets furnishings plus the first $300,000, then the remainder is split half to the spouse, half to the descendants.
• Spouse + at least one child from another relationship: the preferential share drops to $150,000, then the same one-half split applies — a deliberate protection for children of a prior relationship.
• No spouse: everything passes to descendants, then to parents, siblings, and more distant relatives.
• No relatives at all: the estate escheats to the B.C. government.

Common-law partners do inherit in B.C.

This is a major difference from Ontario. In B.C., a "spouse" for intestacy includes someone who lived with you in a marriage-like relationship for at least two years. So a qualifying common-law partner inherits just like a married spouse. Two living spouses (for example, a separated-but-not-divorced spouse and a new common-law partner) can even share the spousal portion — a messy outcome a will would prevent.

The administrator and the wait

Without a named executor, someone must apply to court to become administrator before institutions release assets. Until the grant arrives, accounts and property are effectively frozen, often for months.

Minor children

No will means no named guardian, so a court decides who raises your children — possibly not the person you'd choose.

Bottom line

B.C.'s intestacy rules are more partner-friendly than Ontario's, but they're still rigid, slow, and blind to your actual wishes. A will lets you set the shares, protect a blended family, and name a guardian.

Frequently asked questions

Who inherits if there is no will in British Columbia? Your spouse (including a qualifying common-law partner) and descendants, under WESA's preferential-share formula. Does the government take your estate in British Columbia? Only if no spouse and no traceable relatives exist. Who becomes the administrator of an estate in British Columbia? Usually the spouse or a close relative, who must apply to the court for a grant of administration. What happens to minor children with no will in British Columbia? The court appoints a guardian, which may not be your preferred choice.

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