What Happens When There Is No Heir? Escheat to the Crown Under WESA Section 23
Imagine you’re a lifelong bachelor who owns a condo in Vancouver, has a few investments, but never married or had children. You’ve thought about making a will but haven’t gotten around to it. What happens to your estate if you were to pass away unexpectedly and no heirs could be found? Could the government actually take your property?
This situation, while rare, can occur. The Wills, Estates and Succession Act (WESA) outlines what happens when someone dies without a will (intestate) and without any surviving spouse or heirs. Specifically, Section 23 explains how the estate is distributed, and if no beneficiaries can be located, it can "escheat" or revert to the provincial government. Let’s break this down.
What Does “Escheat” Mean?
If someone dies without a will and has no relatives who qualify to inherit, their property “escheats” — meaning it passes to the provincial government. The Attorney General is responsible for managing that property, and in some cases may apply to the BC Supreme Court to confirm whether the Crown is entitled to it.
Importantly, the Escheat Act allows the government to return escheated property to someone with a strong legal or moral claim. For example, if a close friend or caregiver supported the deceased, they could apply for restoration and potentially receive the property back
What Section 23 Says
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.
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.
Case Example: Godfrey Estate (Re), 2024 BCSC 1493
In the matter of Godfrey Estate, the deceased died with no spouse, no children, and no known relatives. A close friend asked the court to accept a draft will, but the judge decided it was not a valid expression of his wishes. With no heirs and no valid will, the court confirmed that the estate would pass to the Province of British Columbia. In practice, this means the government takes control of the estate, and any remaining funds are held by the BC Unclaimed Property Society in case a rightful heir later appears
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 does “escheat” mean?
Escheat is the legal process by which property reverts to the Crown when a person dies intestate and without lawful heirs. Under the Escheat Act, the Attorney General takes possession of the property, but the government must first conduct a thorough search for heirs.
Who qualifies as an heir under WESA?
Section 23 lists descendants (children, grandchildren), parents, siblings, nieces/nephews, grandparents, great‑grandparents and their descendants. Relatives beyond the fifth degree are deemed to have predeceased the deceased.
Can a friend or charity claim an escheated estate?
Yes. The Escheat Act allows the Lieutenant Governor in Council to restore escheated property to someone with a legal or moral claim. This could include a caregiver, a charity mentioned in draft documents or someone who supported the deceased.
Is escheat common?
No. Escheat is a last resort. Most people have at least one relative within the range of Section 23 or have made a will.
Key Takeaways
Escheat is rare: It only occurs when no heirs can be found under WESA, after a full search for relatives.
WESA Section 23 sets the order: Children, grandchildren, parents, siblings, and other close relatives are considered first, before more distant branches.
If no heirs exist: The estate ultimately passes to the Province of British Columbia under the Escheat Act. This process ensures that property is not left ownerless and that the law provides certainty.
Possible restoration: The Lieutenant Governor in Council can restore escheated property to someone with a legal or moral claim, such as a caregiver, close friend, or even a charity specifically mentioned in documents.
Best protection: Making a valid will avoids uncertainty, ensures your estate is distributed as you intend, and prevents your assets from passing to the government instead of the people or causes you value.
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.
WESA Section 23
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01#section24
Escheat-Act
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96120_01
Godfrey Case:
