Intestacy lawyer · Vancouver, BC
Intestacy in BC: help when there is no Will
After a death, it can be hard to know who has authority to deal with the estate. Tim Louis can help you understand the next steps under BC law and where your family stands.
What happens when someone dies without a Will?
When a person dies without a valid Will, BC’s Wills, Estates and Succession Act sets out who inherits their intestate estate. A court-appointed administrator may be needed to manage that estate and distribute what remains after its obligations are dealt with.
Being entitled to inherit does not, by itself, give someone authority to administer the estate. The first questions are whether a valid Will exists, what belongs to the estate and who can act.
A family member has died
You have not found a Will and need to know what to do next. Start with the steps that help establish the position before assets are distributed.
I have a question about inheritance
You may be a spouse, child or another relative trying to understand your position. The family relationships and the assets involved both matter.
I am planning ahead
You want your family to have clear instructions when the time comes. A Will and a coordinated estate plan can address choices the intestacy rules leave to the law.
Before anyone distributes the estate
It is understandable to want to settle things quickly, especially when family members agree. Agreement alone does not resolve who may act or what obligations must be addressed first.
Establish the Will position
Look for a Will and any later documents, and make enquiries with the professionals who may hold them. If there is uncertainty about a document or whether a Will exists, raise it before assuming the estate is intestate.
Clarify who can act
Where a court grant is needed, the application is generally for a grant of administration. BC law sets priorities among applicants, and a lawyer can explain how those priorities apply to your family.
Bring the estate into view
Gather information about the property, accounts, debts and family relationships. Before distributing assets, clarify what belongs to the estate and what must be dealt with first.
Who inherits under BC’s intestacy rules?
The starting point depends on whether the person left a qualifying spouse and surviving descendants. Descendants include children and, where the statutory rules provide, grandchildren or later generations.
| Family situation | General starting point |
|---|---|
| Spouse, no surviving descendants | The spouse receives the intestate estate. |
| Spouse, and all surviving descendants are also that spouse’s descendants | The spouse receives the household furnishings and a $300,000 preferential share. The remaining residue is divided half to the spouse and half to the deceased’s descendants. |
| Spouse, and at least one surviving descendant is not also that spouse’s descendant | The spouse receives the household furnishings and a $150,000 preferential share. The remaining residue is divided half to the spouse and half to the deceased’s descendants. |
| No spouse | Descendants inherit first. If there are none, the law looks to parents and then other relatives in the statutory order. |
If the net intestate estate is smaller than the applicable preferential share, the spouse receives that estate. The share is not a promise that the estate contains enough to pay the stated amount.
How Tim Louis can help
The work depends on what has happened and what remains uncertain. Tim can help you assess the estate’s position, understand the application process and address questions about distribution.
- Review the available documents and identify issues that need resolving.
- Advise on a grant of administration and the applicant’s responsibilities.
- Explain how the intestacy rules may apply to the family.
- Identify ownership or inheritance disputes that call for separate legal steps.
If a Will is found, the advice may instead concern probate or a dispute about that Will. Our probate and estate-litigation pages explain those related services.
What to bring to a consultation
Bring what you have, even if the records are incomplete. A short account of what has happened can help establish which documents are needed next.
- Any Will, draft Will or other document that may record the deceased’s wishes.
- The death certificate, if available, and the date of death.
- Names and relationships of the spouse or partner, children and other close family.
- A preliminary list of property, accounts, debts and beneficiary designations.
- Letters from banks, the court or anyone already dealing with the estate.
- Your questions, including any disagreement about authority or inheritance.
Questions families often ask
Is a grant of administration always necessary?
Not in every case. The assets involved and the requirements of the institutions holding them help determine whether a grant is needed, so check before starting an application or assuming one can be avoided.
Can an unmarried partner inherit as a spouse?
An unmarried partner may have spousal inheritance rights under WESA. The legal test, relationship history and any separation need to be considered before deciding whether the person qualifies.
Does every asset follow the intestacy rules?
No, because some assets may pass outside the estate. Joint ownership and beneficiary designations need their own review; a name on an account does not resolve every ownership question.
Does the government take the estate if there is no Will?
Not simply because there is no Will. WESA first looks for people entitled under its succession rules; the estate passes to the government only if there is no qualifying person under those rules.
What happens if children are involved?
An inheritance for a child and guardianship of that child are separate matters. Existing guardians, valid appointments and court orders can affect care arrangements, so a death without a Will does not automatically mean that a child enters government care.
Can I plan now to avoid an intestacy?
A properly prepared Will can address how your estate should be distributed and who should administer it. It should be considered alongside ownership arrangements and beneficiary designations, especially if your family circumstances have changed.
Advice from Tim Louis
Tim Louis has practised law in Vancouver for more than 40 years. His wills and estates work includes planning, probate and estate disputes, giving him a practical understanding of the questions that can arise after a death.
You can learn more about Tim’s background or explore the Estate Lawyer Vancouver service hub. Your consultation is an opportunity to discuss the circumstances and the help you need.
Start with the question you need answered
You do not need to know every detail of the estate before asking for help. Tell us whether you are dealing with a recent death, an inheritance question or planning your own Will, and we can discuss the next step.
Request a free consultation with Tim Louis & Company in Vancouver. Call, email or use the consultation form.
Request a free consultation
