What Happens If You Die Without a Will?

B.C. Inheritance Rules Explained (2025 Update)

Fact Checked by Estate Lawyer Tim Louis

What happens if you die without a will in BC?

If you die without a will in B.C., the Wills, Estates and Succession Act (WESA) decides who inherits your estate. Your spouse — including qualifying common-law partners — gets a “spousal preferential share” (currently $300,000 if there are no children from another relationship, or $150,000 if there are). The rest is divided between your spouse and children. If you have no spouse or children, your parents, siblings, or other relatives may inherit. Without a will, you give up the power to decide who receives what — and that decision falls entirely to the law.

In Vancouver, it’s not unusual for a modest family home to be worth well over a million dollars. That means even a “small” estate can become the centre of a serious legal battle if the owner passes away without a will. Under B.C.’s intestacy rules, your assets are distributed by a formula set out in WESA — with no regard for personal promises, verbal agreements, or family dynamics. For some families, this works out smoothly. For others, it leads to years of strained relationships, contested claims, and court costs.

A will isn’t just a legal document — it’s your voice after you’re gone. And without it, you risk leaving behind not just your property, but also uncertainty, tension, and avoidable legal fees.

Understanding Intestacy in B.C.

 What is intestacy in BC?

In B.C., intestacy means dying without a valid will. When that happens, the Wills, Estates and Succession Act (WESA) decides who gets your property. The law sets out a strict order of heirs — starting with your spouse and children, then parents, siblings, and other relatives. This process leaves no room for personal wishes that aren’t written into a valid will.

When someone dies “intestate,” the law takes over as if it were your silent executor. There’s no flexibility, no room for your family to make decisions outside the rules. WESA outlines a step-by-step hierarchy of who inherits and in what proportion.

• If you have a spouse but no children, your spouse inherits your entire estate.
• If you have a spouse and children, your spouse first receives the spousal preferential share ($300,000 if there are no children from another relationship, $150,000 if there are), and the rest is split between your spouse and children.
• If you have no spouse or children, your estate passes to your parents, then siblings, nieces, nephews, and so on down the bloodline.

It sounds straightforward on paper — but in practice, it can create unexpected outcomes. For example, in Vancouver’s diverse communities, blended families are common. A surviving spouse from a second marriage may receive more than adult children from a first marriage, causing tension and, sometimes, litigation.

For residents of Vancouver, Burnaby, Surrey, and Richmond, where property values are high, intestacy can quickly become a matter of hundreds of thousands (or millions) of dollars at stake. The emotional weight of losing a loved one can be compounded by disputes over who is “entitled” under the law.

If you’re unsure how the intestacy rules would apply to your family, Tim Louis & Company can review your situation and explain how to protect your intentions before it’s too late.

Spousal Preferential Share: 2025 Rules

 What is the spousal preferential share in BC?

In B.C., the spousal preferential share is the first portion of an estate a surviving spouse receives when someone dies without a will. As of 2025, it’s $300,000 if there are no children from another relationship, and $150,000 if there are. This amount is set under the Wills, Estates and Succession Act (WESA) and applies to both legally married and qualifying common-law spouses.

The spousal preferential share is meant to provide immediate security for a surviving spouse. Under WESA, Part 3, Division 1, this share comes off the top of the estate before anything else is divided.

• If all children are from the same relationship, the spouse gets $300,000 first, and the rest of the estate is split between the spouse and children.
• If there are children from a previous relationship, the amount drops to $150,000 before the rest is divided.

Real-Life Vancouver Examples:

• In East Vancouver, a blended family’s estate could see a surviving spouse inherit more than adult children from a first marriage — a common flashpoint for disputes.
• In Richmond’s retiree communities, where property values often exceed $1 million, the preferential share may be only a fraction of the estate, leaving significant sums to be divided among multiple heirs.

Couples living together without a marriage certificate often assume they are automatically recognized as spouses. In reality, proving common-law status in B.C. can require evidence of living together in a marriage-like relationship for at least two years. Without this recognition, a surviving partner could be treated as a legal stranger under WESA, receiving nothing.

If you’re unsure whether your relationship qualifies — or want to make sure your intentions are clear — Tim Louis & Company can help you put it in writing before the law decides for you.

Common-Law Partner Rights

Do common-law partners inherit without a will in BC?

Yes — in B.C., common-law partners can inherit under the Wills, Estates and Succession Act (WESA) if they’ve lived together in a marriage-like relationship for at least two years. But they must prove it. Without clear evidence, disputes can arise, and surviving partners risk losing their share to other relatives.

Under WESA, the definition of “spouse” includes both legally married partners and common-law partners who have cohabited for at least two continuous years in a marriage-like relationship. This recognition gives common-law partners the same inheritance rights as married spouses — but only if they can prove the relationship met the legal standard.

Proof Requirements:
Courts and estate administrators look for tangible evidence, such as:

• Shared bills and household expenses
• Joint bank accounts or property ownership
• Affidavits from friends, neighbours, or family confirming the relationship

Common Disputes:

• Children from prior relationships arguing that the surviving partner wasn’t truly a spouse
• Estranged family members contesting the relationship to secure a larger share of the estate

Local Example – Surrey Case:
A Surrey woman lost her initial claim to her partner’s estate because she had no formal proof of their shared life — despite living together for nearly three years. Only after providing joint utility bills, photographs, and testimony from long-time friends did the court recognize her as a spouse under WESA. By then, legal costs had significantly reduced her inheritance.

Who Inherits Next? The B.C. Distribution Order

Who inherits first under BC intestacy rules?

If you pass away in B.C. without a will, the Wills, Estates and Succession Act (WESA) has a strict order for who gets your estate — no matter what you may have told friends or family in the past.

After your spouse’s preferential share is handled, the rest of your estate is divided according to this hierarchy:

1. Children and grandchildren — divided equally among them.
2. Parents — if no spouse or children, your parents inherit everything.
3. Siblings — if parents have passed, your brothers and sisters share the estate.
4. Nieces and nephews — inherit if their parent (your sibling) has died.
5. Extended family — including aunts, uncles, cousins, and further branches.
6. No relatives at all? The estate “escheats” — meaning it goes to the provincial government.

In the Lower Mainland, where even a modest home can be worth over $1.5 million, this order matters a great deal. We’ve seen distant relatives suddenly appear when they realize the value at stake — sometimes leading to disputes that drag on for years.

“In B.C., if you die without a will, your estate is divided according to WESA: spouse first, then children, parents, siblings, nieces/nephews, extended family, and finally the provincial government if no relatives exist. In the Lower Mainland, property values make even distant inheritances worth pursuing.”

Urgency to Make a Will

Why is it urgent to make a will in BC?

In B.C., waiting to make a will can be one of the most expensive decisions your family never sees coming. Without one, the law — not you — decides who inherits your home, savings, and personal treasures. The result can be:

• Loss of control over who gets what.
• Higher legal costs as the estate goes through a longer, more complex probate process.
• Family breakdowns, as relatives fight over money or sentimental items.

Tim Louis & Company has seen cases where the absence of a will turned what could have been a three-month estate process into a multi-year court battle — draining both the estate’s value and the family’s emotional reserves.

The good news? Will-drafting doesn’t have to be complicated or expensive. In Vancouver, affordable, straightforward options are available, often completed in just a few meetings.

Tim Louis & Company offers clear, affordable will-drafting services so your wishes are protected and your loved ones are spared unnecessary stress.

It’s urgent to make a will in B.C. because without one, the law decides who inherits, leading to potential family disputes, higher legal costs, and loss of control over your estate. Affordable, straightforward will services in Vancouver can prevent these problems.

Case Law Insights & Dispute Examples

What cases show the risks of dying without a will in BC?

Courts have seen intestacy disputes in B.C. tear families apart — especially in blended households or when common-law status is unproven. Cases like Coad v. Lariviere and Weaver Estate v. Weaver show how courts handle spikes in intestacy conflicts, emphasizing the need for evidence or clear wills to avoid heartbreak and legal chaos.

Court of Appeal Precedents

• Coad v. Lariviere, 2022 BCCA 222: The B.C. Court of Appeal acknowledged that determining if a relationship is “marriage-like” involves examining the whole context — not just a checklist. The case affirmed that proof must reflect how the partners presented themselves to friends and family, especially when children from previous relationships are involved.
• Weaver Estate v. Weaver, 2022 BCCA 79: This case involved a separated spouse whose partner died without dividing family property. The court confirmed that an estate administrator can still pursue division under the Family Law Act, even if no agreement or divorce happened before death.
  CanLII Connects

These rulings show clear judicial flexibility — but only if you’ve got your relationship and estate in order. Without that, your wishes may not stand.

Surrey Dispute Over Common-Law Status

In the Lower Mainland, such cases aren’t hypothetical. A well-known Surrey dispute involved a long-term common-law partner who, after six years together, found herself cut out of the estate because the couple hadn’t documented their relationship. Joint utility bills, an affidavit from a close friend, and shared accounts eventually changed outcomes — but only after emotional and financial tolls. It’s an all-too-common scenario in families across Vancouver, Burnaby, and Richmond.