Most people know they should make a will, but many put it off, assuming there will always be more time. When someone dies in British Columbia without a valid will, the law calls it intestacy. The Wills, Estates and Succession Act (WESA) then decides who can manage the estate and who inherits. That process often feels impersonal and can create stress for loved ones already coping with a loss.

When there is no will, a close family member usually applies to court to become the estate administrator. Until the court grants authority, bank accounts and property are often frozen. The administrator has the same core tasks as an executor — gathering assets, paying debts, and distributing what’s left — but they must follow a statutory formula rather than clear instructions from the deceased. That lack of direction can lead to tension or disputes.

WESA also sets out exactly how an intestate estate is divided:

• A surviving spouse may receive the first portion of the estate, but the rest can be shared with children according to strict percentages.
• Step-children and unmarried partners who are not on title or named as joint owners do not automatically share in the estate.
• If there are no close relatives, property can pass to distant family members, and in rare cases to the provincial government.

For parents of young children, intestacy creates another complication: because there is no named guardian, the court must appoint one. Even if the choice is obvious, the process can take time and adds expense.

Writing a valid will avoids these problems. It lets you choose your executor, set out how you want assets divided, and name guardians for minors. A clear plan helps your family move forward quickly and reduces the chance of conflict. It’s also important to update your will after major life events such as marriage, separation, or the birth of a child.

Ready to make sure your wishes are followed? Book a consultation to start your BC will today.