BC Intestate Succession: Who Inherits When There Is No Will in British Columbia

When someone dies without a valid will in British Columbia, the province doesn't leave inheritance up to family agreements or the honour system. The Wills, Estates and Succession Act (WESA) sets out a fixed formula for who receives what — and the results often surprise families. Estranged relatives inherit over long-term partners who weren't legally recognized as spouses. Adult children share with the surviving spouse in proportions many people wouldn't expect. And common-law partners who don't meet the two-year threshold get nothing.

If you're settling an estate where no will exists — or trying to understand what would happen to your own estate if you died today — here's how BC intestate succession actually works.

The Legal Foundation: WESA Governs Intestacy in BC

The Wills, Estates and Succession Act, which replaced the old Estate Administration Act in 2014, is the governing statute for intestate succession in British Columbia. WESA applies when a person dies:

• Without a will at all
• With a will that was found to be invalid
• With a will that doesn't cover all of their assets (partial intestacy)

For partial intestacy, the will distributes what it covers, and the WESA formula applies to whatever is left over.

WESA also defines who qualifies as a "spouse" for inheritance purposes — and that definition is more restrictive than most people assume.

The WESA Definition of Spouse: The Two-Year Rule

This is where BC intestate succession trips up the most families.

Under WESA, a "spouse" means either:

1. A person who is legally married to the deceased, OR
2. A person who has lived with the deceased in a marriage-like relationship for at least two continuous years immediately before the death

That second category — the common-law spouse — is where disputes concentrate. A partner of 18 months who lived with the deceased does not qualify as a spouse under WESA. A partner of three years who moved out six months before the death may not qualify either — the relationship must be marriage-like and continuous immediately preceding the death.

Separation with no intent to reconcile terminates spousal status under WESA, even if no legal separation has occurred.

This creates sharp distinctions from other legal definitions. The CRA treats couples as common-law for tax purposes after just one year. The CPP survivor's pension has its own definition. WESA's two-year rule is its own standard, and it controls who inherits.

If a partner's spousal status is disputed — particularly by adult children from a prior relationship — the Supreme Court of British Columbia may need to evaluate financial interdependence, shared household arrangements, and how the couple presented themselves publicly to determine whether the relationship meets the WESA threshold.

Who Inherits in BC Without a Will: The Priority List

WESA establishes a clear distribution order. The entire estate goes to the first group on the list that includes a surviving person:

1. Spouse Only (No Surviving Descendants)

If the deceased is survived by a spouse and no children or other descendants, the spouse inherits the entire estate.

2. Descendants Only (No Surviving Spouse)

If there is no surviving spouse, the estate passes entirely to the deceased's descendants — children first, and if a child has predeceased the deceased, that child's share passes to their own children (the deceased's grandchildren) in equal shares. This is called per stirpes distribution.

3. Spouse and Descendants

This is where WESA's formula gets specific. If the deceased is survived by both a spouse and descendants, the distribution depends on whether all descendants are also descendants of the surviving spouse:

Scenario A: All children are children of both the deceased and the surviving spouse

The surviving spouse receives:

• The first $300,000 of the estate (the "preferential share")
• One-half of the remainder after the preferential share is distributed

The children divide the other half equally among themselves (or per stirpes if any child has predeceased).

Scenario B: The deceased has descendants who are not descendants of the surviving spouse (e.g., children from a prior relationship)

The surviving spouse receives:

• The first $150,000 of the estate
• One-half of the remainder

The children (including the step-children of the surviving spouse) divide the other half.

These preferential share amounts — $300,000 and $150,000 — are the figures set in WESA's regulations. They are subject to adjustment and families should verify current amounts with the BC Ministry of Attorney General.

4. No Spouse, No Descendants

If there is no surviving spouse and no surviving descendants, WESA passes the estate to relatives in this order:

1. Parents (equally if both survive)
2. Siblings — or their descendants if a sibling has predeceased
3. Nieces and nephews
4. Other next of kin in degrees of relationship

If no eligible relative can be found after a diligent search, the estate escheats to the Crown — it passes to the provincial government.

The Spousal Home: Special Protection Under WESA

A surviving spouse in a WESA intestacy has a right to apply to receive the family home as part of or instead of their intestate share. If the family home is worth less than the spouse's preferential share, the spouse can elect to take the home outright. If it's worth more than the preferential share, the spouse can still elect to take the home but must pay the difference to the estate.

This right must be exercised within a specific period and involves a formal application process. A spouse who doesn't know this right exists may lose it by default.

The Administrator: Who Handles an Intestate Estate?

Without a will, there is no named executor. WESA establishes who has priority to apply to the Supreme Court of British Columbia to be appointed administrator:

1. Spouse of the deceased
2. Children of the deceased
3. Other beneficiaries (parents, siblings, etc.)
4. The Public Guardian and Trustee (as last resort)

The administrator must apply to the BC Supreme Court for a Grant of Administration (using Form P5 rather than the Form P3/P4 used for probate with a will). The process otherwise mirrors the probate process: serving notice to all interested parties, filing an affidavit of assets and liabilities, paying probate fees based on the estate's gross value, and waiting out the creditor claim period.

One critical difference from testate estates: there is no valid will to search for. However, the administrator is still required to conduct a Wills Notice Search through BC Vital Statistics ($20 base + portal fee) to confirm that no will was registered in the province. A certificate confirming no registered will is a prerequisite for the court to issue the Grant of Administration.

The 180-Day Waiting Period

After the Grant of Administration is issued, administrators face the same 180-day waiting period that applies to executors under probate. During this window, eligible individuals can bring a wills variation claim — even in intestacy, a surviving spouse or child who believes they've been inadequately provided for can apply to the court to vary the distribution.

Distributing estate assets before the 180-day period expires exposes the administrator to personal financial liability for any claims that subsequently succeed.

Probate Fees on Intestate Estates

BC probate fees apply to intestate estates exactly as they apply to testate ones. The fee is calculated on the gross value of the deceased's BC property:

• Estates under $25,000: no probate fee
• $25,001 to $50,000: $6 per $1,000 on the portion over $25,000
• Over $50,000: $150 (for the first bracket) + $14 per $1,000 on the portion over $50,000

The court filing fee is $200 for estates requiring a full grant. These fees are paid out of the estate before distribution.

Common Misconceptions About BC Intestacy

"My common-law partner of one year gets everything." Under WESA, they may get nothing if they haven't lived with you in a marriage-like relationship for two continuous years immediately before death. Without meeting that threshold, they're a stranger to the estate under provincial law.

"My adult children from my first marriage won't inherit." In a WESA intestacy, adult children inherit regardless of their relationship with the surviving spouse. If you have children who are not also children of your current spouse, they are entitled to share in the estate under the $150,000 preferential share formula.

"My spouse gets everything automatically." Only if you have no descendants. If you have children — even adult children who are financially independent — your spouse shares the estate with them under the WESA formula.

"The family doesn't have to go through probate if there's no will." Probate (or more precisely, a Grant of Administration) is still required for most estates with real property or significant financial accounts, even without a will.

What to Do When Someone Dies Intestate in BC

1. Determine the priority administrator (spouse, then adult children, etc.)
2. Secure estate assets immediately — freeze bank accounts, secure property
3. Conduct a Wills Notice Search through BC Vital Statistics to confirm no registered will exists
4. Apply to the BC Supreme Court Probate Registry for a Grant of Administration
5. Serve Form P1 notice to all potential beneficiaries at least 21 days before filing
6. File an Affidavit of Assets and Liabilities (Form P10) and pay probate fees
7. Wait 180 days from grant issuance before distributing assets
8. Obtain a CRA Clearance Certificate (Form TX19) before making final distributions

The administrator is personally liable for any distributions made before this process is complete. If the estate has real property, the Land Title and Survey Authority requires a copy of the Grant of Administration before it will transfer title.

When to Get Legal Help

Intestate estates involving disputed spousal status, estranged family members, blended families, First Nations reserves, or significant real property typically benefit from an estate lawyer or notary. The consequences of an administrator error — distributing to the wrong person, missing a creditor, distributing before the 180-day period — fall on the administrator personally.

If you're handling an intestate estate in British Columbia and want a step-by-step operational guide through the forms, deadlines, and legal requirements — including the probate process, creditor notifications, and final tax filings — the British Columbia Funeral Laws & Consumer Rights Guide covers all of it in plain language, with checklists built for executors and administrators who can't afford to miss a step.

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