Intestacy in BC: How Estates Are Distributed Without a Will (WESA Explained)
When someone dies without a will in BC, families are often left wondering how the estate will be divided. This article explains the intestacy rules under the Wills, Estates and Succession Act (WESA) so you can see who inherits and why planning ahead with a will is important.
Spouse but No Children (Section 20)
Section 20 of the WESA states simply: “If a person dies without a will, leaving a spouse but no surviving descendant, the intestate estate must be distributed to the spouse.
This means that, when someone dies without a will and has a spouse but no children, the spouse gets everything. There’s no sharing with parents, siblings, or other relatives. However, there may be separate arrangements for jointly owned property or assets with designated beneficiaries.
Spouse and Children (Section 21)
As per Section 21 of the WESA when someone dies without a will and leaves both a spouse and children, the law gives the spouse a head start in the inheritance.
The spouse always keeps the household belongings.
The spouse then gets the first part of the estate:
$300,000 if all of the children are also the spouse’s children.
$150,000 if even one child is not the spouse’s child (for example, from a previous marriage or relationship).
If the estate is smaller than that amount, the spouse gets everything.
If the estate is bigger, the spouse takes that first slice, and the rest is split in half:
Half goes to the spouse,
Half is divided equally among the children.
Example: If Alex dies leaving his wife Maria and two kids they had together, Maria receives all household items plus the first $300,000. The rest is split 50/50 between Maria and the kids.
If Alex instead leaves Maria, one child they had together, and one child from a previous marriage, Maria’s “first share” is only $150,000, before the rest of the estate is split.
Two or More Spouses (Section 22)
According to Section 22 of the WESA, more than one person can legally qualify as a spouse. For example, someone may still be legally married but also living in a common-law relationship. In these cases, the “spousal share” of the estate does not automatically go to one person.
If the spouses can agree, they decide how to divide the spousal portion.
If they cannot agree, the court will decide how it should be shared.
This is why it’s so important to keep wills and estate plans up to date, especially after separation or new relationships
No Spouse but Relatives (Section 23)
Section 23 of the WESA applies when a person dies without a will and without a surviving spouse. It establishes a clear order of relatives entitled to inherit the estate. The distribution of assets follows a hierarchy, prioritising the closest family members first.
To the intestate’s descendants (children, grandchildren, etc.)
If no descendants survive, to the parents, or the surviving parent
If no descendants or parents survive, to the descendants of the parents (brothers, sisters, nieces and nephews
If none of the above qualify, to the grandparents or their descendants
If there are still no heirs, to the great‑grandparents or their descendants
If no one is entitled under paragraphs (a) to (e), the entire estate passes to the government and is subject to the Escheat Act.
This section is discussed in more detail here.
Section 23 also limits the search for heirs to relatives within the fifth degree of relationship. This means that very distant cousins and relatives beyond this degree are treated as if they had died before the person who died without a will, so they will not inherit. However, direct descendants can inherit, even if they are several generations removed. If no qualifying heir is found, the estate will go to the Crown.
How Children’s Shares Are Divided (Section 24)
When an estate is divided among children or grandchildren, the law uses a simple system:
Each child of the deceased is meant to get an equal share.
If a child has already died, that child’s share goes to their own children (the grandchildren of the deceased).
This pattern continues down the family line.
This way, the family line is kept intact, and grandchildren (or even great-grandchildren) can still inherit their parent’s share.
Practical Tips to Avoid Escheat
Make a will: The simplest way to avoid an unintended escheat is to create a will specifying beneficiaries. Even if you have no family, you can leave your estate to friends, charities, or organisations.
Identify backup beneficiaries: Name alternates in case your primary beneficiaries die before you.
Keep beneficiary designations current: Ensure that insurance policies, RRSPs, and TFSAs name the right people, so those assets pass directly rather than falling back into your estate.
Communicate your wishes: Let trusted friends or advisors know where your records are kept so your executor can act quickly.
Schedule a consultation to discuss how to safeguard your testamentary intentions, ensuring your assets are distributed according to your wishes.
Frequently Asked Questions
What happens if there is more than one spouse?
Section 22 allows spouses to agree on who receives the spousal share; if they cannot agree, the court will decide.
Are common‑law partners considered spouses?
WESA considers individuals spouses if they were married or had lived together in a marriage‑like relationship for at least two years. If you do not meet this definition, you may not inherit under intestacy.
Do step‑children inherit?
Step‑children do not automatically inherit under intestacy unless they were legally adopted. If you wish to provide for step‑children, you must do so in a will.
Can parents or siblings receive part of the estate if there is a spouse and children?
No. Once there is a spouse and descendants, only the spouse and descendants share the estate.
How does property outside BC affect intestacy?
WESA’s rules apply to property within BC. Property in other jurisdictions may be governed by that jurisdiction’s succession laws.
Key Takeaways
WESA sets the rules when someone dies without a will. Assets are divided according to a fixed order of priority.
Spouse and children: The spouse always keeps household belongings. They also get the first $300,000 of the estate if all children are theirs too, or $150,000 if any children are from another relationship. If the estate is worth less than that amount, the spouse gets everything. If it’s worth more, the remainder is split 50/50 between the spouse and the children.
No spouse, but children: The estate is divided equally among the children. If a child has already died, their share passes down to their own children.
No spouse or children: The estate goes up the family tree to parents, siblings, grandparents, and other relatives.
No heirs at all: Only if no relatives can be found does the estate pass to the provincial government (escheat).Best protection: Making a will gives you control over who inherits, avoids confusion, and prevents disputes among family
Need Advice?
If you want to make sure your estate is handled according to your wishes, book a consultation with Parr Business Law. We can guide you through preparing a will and answer your questions about what happens if there are no heirs. Planning ahead is the best way to avoid complications and keep control over your legacy.
Sources
AI Statement: OpenAI’s language tools and Grammarly were used to generate synonyms, correct grammatical issues, and adjust sentence structure, ensuring greater clarity for the reader.
Section 20-24 of the WESA
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01#section20
