Who Inherits If Someone Dies Without a Will in BC?

Short answer: BC's Wills, Estates and Succession Act (WESA) writes the will the person never did. The split depends on who survives:

• Spouse, no children: spouse takes everything.
• Spouse + children (all shared): spouse gets household furnishings + a $300,000 preferential share + half the remainder; the children split the other half.
• Spouse + children (any from another relationship): the spouse's preferential share drops to $150,000, then the same half/half split.
• No spouse: children equally; if none, parents, then siblings, and outward through next of kin.

Two BC wrinkles worth knowing:

• "Spouse" includes common-law (generally two years living in a marriage-like relationship) — and a separated spouse may not qualify.
• Two spouses can both qualify (e.g., separated-but-not-divorced plus a new common-law partner) — they share the spousal share, by agreement or court order.

Who runs the estate: there's no executor, so someone (spouse first, then children, then next of kin) applies for a grant of administration — see applying without a will in BC.

What to actually do: confirm there's truly no will (wills notice search), identify the priority applicant, and distribute strictly per WESA — "what mom would have wanted" has no legal force without a will.

Find help: vetted BC probate professionals →

Foxglove is a guide, not a law firm. General information, not legal advice; forms and rules change — confirm current requirements with the Supreme Court of BC, the official BC government forms page, or a qualified BC professional. Find vetted BC help →