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What Happens If You Die Without a Will?

what happens if someone dies without a will

Have you considered what could happen to your home and savings without a valid will? Many residents delay estate planning, assuming family members can handle the details later. Sadly, that assumption can leave loved ones facing court applications and stressful disputes.

If you have wondered, “What happens if someone dies without a will?” there’s clear legislation that decides the answer. A wills and estates lawyer can help your family understand those rules early. In this guide, Wilson Rasmussen LLP explains how intestacy affects estates in British Columbia.

Understanding Intestate Succession Laws Under WESA

In British Columbia, intestacy rules apply when someone dies without a valid will. WESA decides who inherits and in what order. These laws pass assets to a spouse, descendants, or other qualifying relatives.

Dying without a valid will can create unnecessary complications, which is why understanding the difference between an estate plan and a will is an important part of preparing for the future.

Informal wishes and verbal promises may not affect distribution. Close friends or unadopted stepchildren may not be able to receive anything if the proper estate planning steps were missed.

Who Inherits the Estate When You Die Without a Will?

These scenarios explain how the distribution of assets may work under WESA:

  • Spouse with no children: Your spouse receives the estate when there are no surviving descendants.
  • Spouse and shared children: Your spouse receives household furnishings, $300,000, then half the residue.
  • Spouse and children from another relationship: Your spouse receives household furnishings, $150,000, then half the residue.
  • No spouse but children: The estate passes equally to your children. If one has died, their descendants may inherit that share.
  • No spouse or children: The estate passes to the next closest relatives, starting with parents.

The Estate Administration Process Without a Will

When there is no will, the estate process becomes more complicated because no executor is named. If you are asking, “What happens if someone dies without a will?” the court must appoint an administrator under WESA. This person applies for a grant of administration before handling debts and moving the estate forward.

When an estate includes real property, beneficiaries may also need to be aware of tax considerations, including British Columbia’s house flipping tax rules in certain circumstances.

Without a named executor, the probate and estate settlement process can take longer. Simple estates may take 6 to 12 months, while disputes can extend the timeline. 

Steps To Take If a Loved One Has Died Without a Will

Losing a family member is difficult, and intestacy can add more pressure during an already painful time. Here are practical steps you can follow:

  1. Locate important documents: Collect property records and financial paperwork tied to your loved one.
  2. Contact an estate lawyer: Speak with a lawyer early to understand your potential surviving spouse rights or other options.
  3. Identify potential heirs: List surviving relatives who may qualify under WESA before distribution discussions begin.
  4. Apply for administration: Ask the court to appoint an administrator so the estate can move forward.

Beneficiaries who inherit funds that may be used toward a home purchase should stay informed about programs such as the GST rebate for first-time home buyers.

Protect Your Family’s Future With Wilson Rasmussen LLP

Now that you understand the answer to “What happens if someone dies without a will?” you know why proper planning is necessary. Wilson Rasmussen LLP provides thoughtful guidance on wills and estate matters across British Columbia. 

Learning about estate planning versus a will can also clarify which documents your family needs. Call Wilson Rasmussen LLP at (604) 583-7917 to begin planning with confidence.