When there is no will, the law writes one for you
If you die without a will in British Columbia, the province decides who gets what, who runs your estate, and who raises your children. That formula is set by law, it is the same for everyone, and it often does not match what you would have chosen. Here is how it works in BC, and why even a basic will is worth doing.
Dying without a will is called dying "intestate." When that happens, the BC Wills, Estates and Succession Act takes over.
Who inherits in BC
Your spouse (married, or a common-law partner who lived with you in a marriage-like relationship for at least two years) receives a set amount off the top, called the preferential share, and then the rest is divided. The size of that first share depends on whether your children are also your spouse's children:
| Your situation (no will, BC) | Who inherits |
|---|---|
| Spouse, no children | The entire estate goes to your spouse |
| Spouse and children, all shared with that spouse | First $300,000 to your spouse, then the rest split half to your spouse and half among your children |
| Spouse and children, some from a previous relationship | First $150,000 to your spouse, then the rest split half to your spouse and half among your children |
| Common-law partner of less than two years | Your partner may inherit nothing |
| No spouse, but children | Your children split everything equally |
| No spouse and no children | It moves up the family tree: parents, then siblings, and so on |
A separated spouse may receive nothing, and if there is more than one eligible spouse or partner, the court decides how they share the spousal portion.
What that looks like in dollars
Take an estate of $700,000, a surviving spouse, and two children. Following the money from the top, the blended-family rule changes the result a lot:
| Step | Children all shared with spouse | One or more children from a previous relationship |
|---|---|---|
| Total estate to divide | $700,000 | $700,000 |
| 1. Preferential share, off the top, to spouse | $300,000 | $150,000 |
| Remainder left to split | $400,000 | $550,000 |
| 2a. Half the remainder, to spouse | $200,000 | $275,000 |
| 2b. Half the remainder, to the children | $200,000 | $275,000 |
| Spouse receives in total | $500,000 | $425,000 |
| Children receive in total | $200,000 ($100,000 each) | $275,000 |
Reading down each column: the spouse takes the preferential share first, then what is left over is split evenly between the spouse and the children. Notice what this means for a blended family: the children from the earlier relationship are entitled to a share alongside the current spouse, automatically, whether or not that is what anyone intended. A will is the only way to set the balance yourself.
The common-law trap
This is the one that surprises people most. In BC, a common-law partner only inherits on intestacy after two years of living together in a marriage-like relationship. Together for eighteen months, no will, and your partner can be left with nothing under the intestacy formula, no matter how committed the relationship. If you are common-law and want your partner protected, a will is not optional.
It is not just about the money
Dying without a will costs more than the wrong split. Without one:
- The court picks who runs your estate. Instead of an executor you chose, the court appoints an administrator. That takes longer, costs more, and is more prone to family friction.
- The court decides who raises your minor children. You do not get to name a guardian.
- Your children inherit outright at the age of majority, which is 19 in BC. There is no way to stage the money, hold it in trust, or set any condition. A 19-year-old receives their full share in one cheque.
- A loved one with a disability can lose benefits. A direct inheritance can disqualify someone from disability assistance. Only a will (with the right kind of trust) can prevent that.
- No tax planning, no charitable gifts, no control. All the things a will lets you arrange are simply unavailable.
One BC-specific point: you cannot fix this with a handwritten note. Holograph wills (entirely handwritten, no witnesses) are valid in some provinces, but not in BC. A BC will has to meet the province's signing and witnessing rules to be valid.
A note on challenges
BC also lets a spouse or child apply to a court to vary a will that did not provide adequately for them, within six months of probate. That is its own reason to get proper advice on how a will is written, not just whether you have one. But note the asymmetry: if you die without a will, there is no such challenge available. The intestacy formula above simply governs, outright.
Where to start
If you live in BC and do not have a valid will, the single highest-value thing you can do is get one, even a basic one that names your executor, your beneficiaries, and a guardian for your children. It does not have to be complicated to fix most of the harm above. A will in BC is prepared with a lawyer or a notary public.
Understanding what your estate would look like under the default rules, and what a will would change, is worth seeing clearly before you act. That is what Your Pocket Planner is built to help you think through, in plain language, so you walk into that lawyer or notary conversation knowing what you want, alongside any advisor you already work with.
If you have any questions about any of this, just reach out. We're here to help.
- The team at Your Pocket Planner
Reflects BC's Wills, Estates and Succession Act as current for 2026: the two-year common-law cohabitation threshold, the $300,000 / $150,000 preferential-share split, the half-to-spouse-half-to-children remainder rule, age of majority 19, and the rule that holograph wills are not valid in BC. Other provinces have different thresholds and rules.
This is general information about how the rules work, not personalized advice. Your Pocket Planner is not a law firm or an accountant, and nothing here is legal or tax advice. It does not replace a lawyer, notary, or advisor you work with. Rules change and every situation is different, so confirm the current rules and your own circumstances with a qualified professional before acting.