Who Gets What When You Die Without a Will

Die Without a Will?

My late mother was convinced that if you die without a will, it all goes to the government.

I don’t know where that notion came from, but she wasn’t the only person who believed that.

If a person dies without a will, their estate is distributed in accordance with British Columbia’s “intestacy” laws. A person who wishes to administer the estate must apply to a Court in British Columbia to obtain a “Grant of Letters of Administration.”

The provisions of the Estate Administration act provide for such occurrences, and the current formula ( about to change later this year at an unknown date) is as follows:

If you die without a will Intestacy laws prescribe that the estate will be distributed as follows, in the listed priority:

  1. If there are no children and a spouse, the estate goes to the spouse.
  2. If there is no spouse and only children, the estate is divided equally among the children. If a child predeceases the parent, but leaves children (for example, grandchildren of the deceased person), then the grandchildren inherit their parents’ share of the estate.
  3. If there is a spouse and children, the spouse is entitled to:
    (a) the first $65,000
    (b) a life estate in the home
    (c) household contents
    (d) half of the residue if there is one child, or 1/3 of the residue if there is more than one child.
    The remainder is divided equally among the children.
  4. If there is no spouse or children, the estate goes to the parent(s).
  5. If there is no spouse, children or parents, then the estate is divided between brothers and sisters. If a brother or sister predeceases but leaves children (the nieces and nephews), then the nieces and nephews inherit their parents’ share of the estate.
  6. Alternatively, the estate is divided between nieces and nephews.
  7. Alternatively, the estate is divided between the next of kin of equal degree of blood relation

– See more at: http://www.disinherited.com/blog/who-gets-what-when-you-die-without-will#sthash.Ipuiz1ff.dpuf

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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