- Estate property for descendants is divided into equal shares, so adult children share equally with no preference for age.
- A child who died before the deceased is replaced by that child's own descendants, who share that child's portion.
- A surviving spouse can change how much the children receive, because the spouse's share comes first.
When a parent dies without a will, British Columbia's Wills, Estates and Succession Act decides who inherits. Families often ask whether every child gets the same amount, including adult children, children who were distant from the parent, and half-siblings.
The short answer is that children generally share equally, but a surviving spouse, a child who died first and some special cases can change the picture.
This article covers the law of British Columbia.
The basic rule: equal shares
Under WESA s. 24, estate property for descendants is divided into equal shares. There is one share for each surviving descendant, and one for each deceased descendant who left descendants, counted in the nearest generation that has a survivor. Adult children therefore share equally, with no preference for age.
If there is no surviving spouse, the intestate estate goes first to the deceased's descendants. Only if there are none does it go on to the parents, then more distant relatives.
When there is a surviving spouse
If the deceased left a spouse and no surviving descendants, the whole intestate estate goes to the spouse. If there are descendants, the spouse takes a preferential share first. It is $300,000, or a greater prescribed amount, where all the deceased's descendants are also descendants of the surviving spouse.
If not all of the deceased's descendants are also descendants of the surviving spouse, the preferential share drops to $150,000, or a greater prescribed amount. The amounts can change by regulation, so confirm the current figures.
The spouse also takes the household furnishings. After the preferential share, the rest is divided equally between the spouse and the descendants, and the descendants' half is divided among them under s. 24. If the net intestate estate is worth less than the spouse's preferential share, the spouse takes the whole estate and the descendants take nothing.
A child who died first, and other special cases
The share of a descendant who died before the deceased is divided in the same way among that descendant's own descendants, so grandchildren take their parent's share.
| Situation | How it is treated |
|---|---|
| Survived by less than 5 days | A person who does not survive the deceased by 5 days, or a longer period set by an instrument, is treated as having died first |
| Child conceived before death, born after | Inherits as if born in the deceased's lifetime, if the child lives at least 5 days |
| Child conceived and born after death | Can inherit only on conditions, including written notice by a spouse or partner within 180 days of the representation grant, birth within 2 years of death, and the deceased being the parent under Part 3 of the Family Law Act |
| Adopted child | Does not inherit on intestacy from a pre-adoption parent, and that parent does not inherit from the child; adoption by a pre-adoption parent's spouse does not end the parent-child relationship for succession purposes |
Adult, estranged and half-siblings
The equal-share rule counts descendants and does not rank them by age. The rules as described do not turn on how close the family was, so an adult child who was distant from the parent is generally treated in the same way as the others under the intestacy rules. Whether other legal claims are available depends on the facts and is worth discussing with a lawyer.
Half-siblings can matter in two ways. They are children of the deceased and so count among the descendants who share equally. Where the deceased had a surviving spouse, children from another relationship also reduce the spouse's preferential share to $150,000, or a greater prescribed amount.
What to do next
- Confirm that there is no will, including checking for a will that covers only part of the estate; the intestacy rules apply to any part a will does not dispose of.
- List all children, including any who died before the parent, and their own children.
- Check whether there is a surviving spouse and whether the spouse is a parent of all the children.
- Note any adopted children or children born after the death.
- Get legal advice if shares are disputed or the family is blended.
Frequently asked questions
Do older children get more than younger children?
No. Adult children share equally, with no preference for age.
What happens if one child died before the parent?
That child's share is divided among that child's own descendants, so grandchildren take their parent's share.
Do children get everything if there is a spouse?
No. The spouse takes a preferential share first, and the rest is split equally between the spouse and the descendants. If the estate is smaller than the preferential share, the spouse takes it all.
Does a child who is adopted out inherit from a birth parent?
An adopted child does not inherit on intestacy from a pre-adoption parent, and that parent does not inherit from the child. Adoption by a pre-adoption parent's spouse does not end the parent-child relationship for succession purposes.
Sources
- Wills, Estates and Succession Act, s. 20 — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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