Canadian Tax and
Financial Information
Dying With No Will does not research or endorse any product   or service appearing in ads on this site.  Before making a major financial decision you  should consult a qualified professional.

Looking for US tax information?

Need an accounting, tax or financial advisor? Look in our Directory.      Stay Connected with!      Internet Explorer - Use compatibility view for calculators to work properly!

What's New
Personal Tax
Sales Taxes
Free in 30!
Financial Planning
Real Estate
Stocks Bonds etc.
British Columbia
Atlantic Provinces
Federal Budget
Provincial Budgets
Statistics etc.
Site Map
Advertise With Us
Contact Us/About Us
Links & Resources

Financial Planning -> Wills and Estates -> Dying without a will

What happens if you die intestate (without a will)?

If you die without a will, there is no executor, so someone is needed to "administer" the estate.  The right to administer the estate is determined by law.

In British Columbia, the person with the first priority is the spouse. As of April 1, 2014, the Wills, Estates and Succession Act (WESA) defines a spouse as a person who is married to the other person, or who has lived with the other person, including a person of the same gender, in a marriage-like relationship, for at least 2 years prior to the date of death (unless the Act specifies another time as the relevant time).  Two persons cease being spouses of each other for the purposes of the Act if,

  1. in the case of a marriage,

    1. they live separate and apart for at least 2 years with one or both of them having the intention, formed before or during that time, to live separate and apart permanently, or

    2. an event occurs that causes an interest in family assets, as defined in Part 5 [Matrimonial Property] of the Family Relations Act, to arise, or

  2. in the case of a marriage-like relationship, one or both persons terminate the relationship.

If there is no spouse or the spouse does not wish to administer the estate, WESA sets out the priority among applicants for administration of the estate.  If there is no family member or successor willing or able to administer the estate, then the responsibility goes to the Public Guardian and Trustee, as Official Administrator for the Province of British Columbia.  There is a fee for this service, and it may take two years or longer to complete all the legal requirements of administering the estate.  See the BC Public Guardian and Trustee web site for more information.

If you die intestate, who will inherit your estate is also determined by law.  In BC, the Wills, Estates and Succession Act determines who will inherit.  If the deceased leaves a spouse, including a common law spouse, and children, then they will inherit the estate.  If there is no spouse, children or grandchildren, then parents inherit.  If there are no parents, siblings and children of pre-deceased siblings inherit.  For more information, see the BC Public Guardian and Trustee web site Estate Administration, or the BC Ministry of Attorney General web page "About Wills and Estates".  Ontario has information about How an estate is distributed, including how to make a claim as an heir.

For information regarding what happens in each province, see What to do when someone dies, which has links to wills and estate information on provincial/territorial websites.


Tip:  Make a will so your wishes are carried out when you die.


Revised: January 24, 2015


Copyright © 2002 - 2015 Boat Harbour Investments Ltd. All Rights Reserved  See Reproduction of information from

Facebook  | Twitter  |  Google + |  Monthly Newsletter Sign-up  What’s New E-mail Notification RSS News Feed
The information on this site is not intended to be a substitute for professional advice.  Each person's situation differs, and a professional advisor can assist you in using the information on this web site to your best advantage.
Please see our legal disclaimer regarding the use of information on our site, and our Privacy Policy regarding information that may be collected from visitors to our site.