What Happens to My House if I Die Without a Will in BC?
This answer covers the law of British Columbia.
If you die without a will in British Columbia, your house is dealt with under the intestacy rules of the Wills, Estates and Succession Act, and who receives it depends mainly on whether you leave a spouse and children. If you leave a spouse and no descendants, the whole intestate estate goes to the spouse.
If you leave a spouse and descendants, the spouse takes the household furnishings and a preferential share of $300,000 if all the descendants are shared with the spouse, or $150,000 if not. If the net estate is smaller than that share, the spouse takes everything, and the residue is split one half to the spouse and one half to the descendants. With no spouse, the estate goes to descendants, then through parents, siblings and more remote relatives, and to the government if no eligible relative exists.
Two people are spouses if they are married, or if they have lived in a marriage-like relationship for at least 2 years. A house held as a true joint tenancy works differently, because the right of survivorship passes the interest to the surviving owner. A lawyer can confirm how these rules apply to your family and your title.
Key takeaways
- If you leave a spouse and no descendants and no will, the whole intestate estate goes to the spouse.
- If you leave a spouse and descendants, the spouse's preferential share is $300,000 when all descendants are shared with the spouse, and only $150,000 when they are not.
- If you leave no spouse, the estate goes to descendants, then through parents, siblings and more remote relatives, and to the government only if no eligible relative exists.
- A house held in a true joint tenancy passes to the surviving owner by survivorship rather than through the intestacy order.