Many people avoid writing a will because discussing death and deciding on property distribution is uncomfortable. However, failing to plan can lead to significant consequences that are often overlooked until it is too late.
If you die without a will in B.C., provincial legislation determines how your estate is administered and distributed. These decisions may not reflect your actual relationships, priorities, or intentions.
Residents of Burnaby, New Westminster, and the Lower Mainland may face additional uncertainty, administrative burdens, and potential disputes. This article describes five major consequences B.C. residents may encounter when someone dies without a will.
What Does Dying Without a Will Mean in British Columbia?
When a person dies without a will in B.C., it is called an intestacy. A person who dies without a valid will is said to die intestate. This means that the beneficiaries are determined by the Wills, Estates and Succession Act (WESA).
When a person dies with a will, the deceased will have chosen an executor. In the case of death without a will, the court may need to appoint an administrator. Potential administrators must apply to the court in order of priority under the law.
Intestacy can lead to litigation if there are disputes over entitlement under WESA, property ownership, or estate management and administration such as who is the appropriate administrator.
5 Consequences of Dying Without a Will in BC
#1 B.C. Law Determines Who Inherits
Your estate is distributed according to the statutory order set by WESA. Informal promises or perceived wishes of the deceased are not legally recognized.
#2 Your Spouse and Children May Receive Different Shares Than You Intended
How your estate is distributed depends on whether you leave a spouse, descendants, or both. The law sets the priority and division, which can be complex in blended families or lead to unexpected results.
#3 Friends and Charities May Receive Nothing
There are several circumstances where you may want to leave money to a close friend, a partner who doesn’t legally qualify as a spouse, or leave money to a community or charity group. This can’t happen unless you ensure you have a will and engage in proper estate-planning.
#4 Sentimental Property May Not Go to the Person You Chose
Family heirlooms, artwork, jewelry, and other personal items may be divided or sold during estate administration when you die without a will. Only clear legal instructions in a will ensure your wishes are followed.
# 5 You Do Not Choose Who Administers Your Estate
If you don’t have a will, no executor is named and someone must apply for a grant of administration under WESA. WESA sets the order of priority, starting with a spouse and then other certain relatives are next in line. While this is all subject to court approval, you will have no say in the determination of the appropriate person to act.
Can Dying Without a Will Lead to Estate Litigation?
In addition to the consequences of dying without a will, other disputes may arise that can lead to estate litigation and further complications for your beneficiaries.
Under the B.C. law, potential disputes can involve:
- If someone legally qualifies as a spouse.
- Who should act as administrator.
- The appropriate distribution of joint accounts and properties.
- Family disagreements about the sale of assets.
- Competing claims from different relatives.
- Concerns with administrative decisions or accounting.
Estate litigation does not automatically result from dying intestate. However, disputes may arise when expectations are unclear or when interests conflict.
These are some of the main consequences of dying without a will in British Columbia. Part two will address five additional consequences and steps you can take to prepare.
If you need assistance preparing or reviewing a will, or if your family is managing an intestate estate, contact Cassady Law LLP, a wills and estates lawyer serving New Westminster, Burnaby, and the Lower Mainland can explain your options and help you protect your family.