Most people have a general sense that dying without a will is problematic, but few understand exactly what happens to their estate when they don’t leave one. In British Columbia, the answer isn’t chaos. It’s a specific statutory framework that determines who inherits, in what order, and in what amounts. The outcome of that framework is sometimes what people would have wanted. Often it isn’t. And for families navigating a loss, discovering that the law has made distribution decisions no one anticipated can become a source of significant conflict.
The Legal Framework: WESA’s Intestacy Rules
When a British Columbia resident dies without a valid will, or when a will fails to dispose of all of the deceased’s property, the estate is distributed according to the intestacy provisions of the Wills, Estates and Succession Act, commonly known as WESA. Part 3 of WESA sets out the priority order for intestate distribution, which determines who receives what based on the deceased’s family structure at the time of death.
The rules apply to all property that forms part of the estate. Assets that pass by other mechanisms, such as jointly held real property passing to the surviving joint tenant, life insurance with a named beneficiary, or registered accounts with designated beneficiaries, fall outside the estate and aren’t affected by the intestacy rules.
How the Priority Order Works
WESA’s intestacy distribution follows a specific hierarchy:
Surviving spouse alone. If the deceased is survived by a spouse and no descendants, the entire estate goes to the spouse. Under WESA, “spouse” includes both married spouses and common-law partners who have lived together in a marriage-like relationship for at least two years, or who are the parent of a child with the deceased.
Spouse and descendants. When the deceased leaves both a spouse and descendants (children, grandchildren, and so on), the distribution is more complicated. The spouse receives a preferential share first. As of the most recent WESA amendments, that preferential share is $300,000 if all descendants are also descendants of the surviving spouse, or $150,000 if some descendants are not. After the preferential share, the remainder is divided: the spouse receives half, and the other half is distributed to the descendants.
Descendants only. If there’s no surviving spouse, the estate passes entirely to the deceased’s descendants, divided equally among children if all are of the same generation. If a child predeceased the deceased, that child’s share passes to their own descendants by representation.
Other relatives. When there’s no surviving spouse or descendants, the estate passes to parents, then to siblings and their descendants, and then to more distant relatives following a defined order. If no relatives can be identified, the estate ultimately escheats to the provincial government.
Where Intestate Succession Creates Disputes
The rules produce clear outcomes in straightforward family situations. They produce conflict when family structures are complicated.
Blended families are among the most common sources of dispute under BC intestacy rules. A deceased who had children from a prior relationship and a current spouse may have intended to provide for both, but the intestacy rules distribute the estate mechanically based on relationship status, not intention. The result frequently doesn’t align with what the deceased would have chosen.
Common-law partners who don’t meet WESA’s two-year threshold receive nothing under the intestacy rules, regardless of the length or nature of the relationship. This can produce outcomes that feel profoundly unfair to a surviving partner who shared the deceased’s life but hadn’t yet met the technical definition of spouse under BC law.
Adult children who were estranged from the deceased, or who expected their parent to have made other arrangements, may receive unexpected inheritances, while others who were promised assets informally but not through a valid will receive nothing.
A Coquitlam estate administration dispute lawyer can help families understand how the intestacy rules apply to their specific situation and what options exist when the statutory outcome doesn’t reflect the deceased’s actual intentions or creates unfairness among surviving family members.
Who Administers an Intestate Estate in BC
When someone dies without a will, there’s no appointed executor. Instead, a family member or other interested person must apply to the BC Supreme Court for a grant of administration, which gives them authority to administer the estate as an administrator rather than an executor.
The priority for who may apply for administration under WESA generally follows the same hierarchy as the distribution rules. The surviving spouse has first priority, followed by adult descendants, and then other relatives in order.
Disputes can arise when multiple family members want to serve as administrator, when the proposed administrator has a conflict of interest, or when beneficiaries don’t trust the proposed administrator to manage the estate fairly. The court has discretion to resolve these disputes and appoint an administrator who will properly fulfill the fiduciary obligations the role requires.
HS Law Corporation represents executors, administrators, and beneficiaries in estate administration disputes throughout Coquitlam and the Tri-Cities area. If a family member has died without a will and you need to understand how BC’s intestacy rules affect your situation, reach out to a Coquitlam estate administration dispute lawyer to discuss your circumstances and understand what the process involves.
