When it comes to estate planning in British Columbia, there is a common and dangerous misconception that your assets will naturally and seamlessly flow to your "next of kin" in the event of your passing. In reality, dying without a Will means you have essentially forfeited your right to decide who inherits your property, who cares for your minor children, and who manages your final affairs. Instead of a plan tailored to your family's unique dynamics, the provincial government provides a "one-size-fits-all" legal framework that may not align with your true intentions. This post explores the significant legal and financial consequences of leaving your legacy to chance under current BC legislation, illustrating why a proactive approach is the only way to truly protect those you love most.

WHAT IS INTESTACY?
In legal terms, dying "intestate" refers to passing away without leaving a valid Will, or leaving a Will that only accounts for a portion of your assets (known as a partial intestacy). In British Columbia, these situations are governed by the Wills, Estates and Succession Act (WESA), which serves as the definitive rulebook for distributing the estates of those who haven't left their own instructions. Since its implementation in 2014, WESA has modernized how the province defines family and inheritance, yet it remains a rigid system. Without a Will to name an Executor or specify beneficiaries, your estate enters a mandatory legal process where the court must appoint an administrator, and your assets are distributed according to a strict statutory formula that ignores personal relationships or verbal promises.  Here is a breakdown of how the BC government distributes an intestate estate:

1. The Spousal Priority - In BC, a "spouse" includes both legally married partners and common-law partners who have lived in a marriage-like relationship for at least two years.

• If you have a spouse but no children: Your spouse inherits 100% of your estate.
• If you have a spouse and children (All shared):
  • The spouse receives the first $300,000 (the "preferential share") and all household furnishings.
  • The remaining balance is split: 50% to the spouse and 50% divided equally among the children.
• If you have a spouse and children (Blended family):
  • If any of the children are from a previous relationship, the spouse’s preferential share is reduced to $150,000.
  • The remainder is still split 50/50 between the spouse and the children.

2. The "Parentelic" System (No Spouse or Children) - If you pass away without a spouse or any descendants (children, grandchildren, etc.), WESA look "up" and "out" your family tree in a specific order:

1. Parents: Distributed equally to both parents (or all to one, if only one is living).
2. Siblings: If parents have passed, the estate goes to your siblings (and the children of any deceased siblings).
3. Grandparents: If no siblings or their descendants exist, the estate moves to your grandparents.
4. Aunts/Uncles: Finally, to your grandparents' descendants (your aunts, uncles, and cousins).

Note: BC law stops searching for heirs after the fourth degree of relationship. If no relatives are found within that scope, the estate "escheats" to the provincial government.

If you would like more information, feel free to give us a call or contact us for an appointment.

BC Notaries support the Province of B.C.’s proclamation declaring April 7 to 13, 2019 “Make-a-Will Week” and encourage the majority of British Columbian adult who don’t have a current Will to prepare one.
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A 2018 survey by Ipsos for the BC Notaries Association found that while 67% of people aged 55 and older have a Will in place, 62% of people aged 35 to 54 and 77% of people aged 18 to 34 do not have a Will regardless of whether they own a home, have dependent children or other important considerations. 

Most people’s resolutions would include losing weight, exercising regularly, eating healthier so on and so forth.  Have you considered getting your estate and personal planning documents in order as this year’s resolution?

Wills, Powers of Attorney and Representation Agreements are the most common and are probably one of the most important documents in your estate plan.  Accidents can happen without any forewarning.  In the direst circumstances, if you pass away without a will, basically you are leaving up to the law to determine how you want your estate to be distributed upon your death.  Your family or closest friends, while grieving for their recent loss, are also required to apply to the Court to be the administrator of your will.  In other instances, you suffer sever injury or illness and are not able to communicate with anyone, who’s going to handle your financial, legal, or personal care matters?  Your family, even your spouse, would not be legally to handle your matters.