British Columbia Intestacy Calculator: Dying Without a Will
Calculate estate distribution in BC under the Wills, Estates and Succession Act (WESA). See who inherits when you die without a will.
Your Situation
Federal Indian Act rules apply instead of provincial laws
British Columbia Rules:
• Preferential amount: $300,000
• Common-law recognized: Yes (2 years)
Wills, Estates and Succession Act, S.B.C. 2009, c. 13
Total Estate Value
$500,000
Number of Beneficiaries
1
Province
British Columbia
Distribution Breakdown
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View on a tablet or desktop to see the visualization
Who Inherits Your Estate
| Beneficiary | Relationship | Share % | Amount | Notes |
|---|---|---|---|---|
| Surviving Spouse | Spouse | 100.0% | $500,000 | All children are from this relationship (BC 2021 reform) |
How the Distribution is Calculated
British Columbia Intestacy Formula:
In British Columbia, if all children are from the marriage/relationship, the spouse receives 100% of the estate (simplified 2021 reform).
Legislation: Wills, Estates and Succession Act, S.B.C. 2009, c. 13
About British Columbia Intestacy Laws
Preferential Share
$300,000
Spouse's first inheritance
Common-law Status
Common-law partners recognized after 2 years of cohabitation
Recognition threshold
Distribution Split
Spouse receives first $300,000, then 50% of remainder if all children are shared, or complex division if children from prior relationships.
Between spouse & children
Overview
British Columbia's intestacy laws are governed by the Wills, Estates and Succession Act (WESA), which came into effect in 2014. WESA modernized BC's succession laws significantly. The preferential share is $300,000, the second-highest in Canada after Ontario. BC has the most complex distribution rules in Canada, with different formulas depending on whether the deceased had children from prior relationships. This reflects BC's recognition that blended families need different treatment than nuclear families.
Key Intestacy Rules
- •Preferential share of $300,000
- •Common-law partners recognized after 2 years
- •Spouse gets 50% of remainder when all children are shared
- •Complex rules when deceased has children from prior relationships
- •Stepchildren may inherit in certain circumstances
- •Independent adult children may be excluded
Distribution Rules
BC uses a two-track system: (1) If all children are shared with the surviving spouse, the spouse receives the first $300,000 plus 50% of the remainder, and children share the other 50%. (2) If the deceased has children from a prior relationship, the spouse receives the first $150,000 (half the normal preferential share) plus a portion of the remainder calculated based on the number of children. This "mixed children" scenario is unique to BC and recognizes the competing interests of current spouses and children from prior relationships.
Common-law Partner Recognition
BC recognizes common-law partners after just two years of continuous cohabitation in a marriage-like relationship, one of the shortest periods in Canada. This definition comes from the Family Law Act. Importantly, BC treats common-law partners identically to married spouses for intestacy purposes, unlike some provinces that have different rules. If your relationship is under 2 years, your partner will NOT inherit unless named in a will. BC courts have also recognized that certain factors (like having children together) can establish a marriage-like relationship in under 2 years.
Special Considerations
BC's WESA includes several progressive features: (1) Courts can vary distributions under the "wills variation" provisions if the statutory distribution would be unfair. (2) Independent adult children may receive nothing if they were independent at the time of death and there's a surviving spouse. (3) Stepchildren can inherit in certain circumstances if they were treated as children of the family. (4) BC recognizes posthumous children (conceived before death, born after). (5) Adopted children have full rights. (6) Indigenous people with Indian status dying on reserve land are subject to federal Indian Act provisions, not provincial law.
Unique Features
- ✓BC has unique distribution rules depending on whether children are from the current relationship or prior relationships
- ✓If all children are from the current relationship, spouse gets 50% of remainder
- ✓If deceased has children from a prior relationship, distribution is more complex
- ✓BC law allows courts to vary distribution in cases of unfairness
- ✓Common-law partners need only 2 years of cohabitation, one of the shortest periods in Canada
Governing Legislation
Wills, Estates and Succession Act, S.B.C. 2009, c. 13
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Frequently Asked Questions
About This Calculator
When a Canadian dies without a valid will, they die "intestate." This intestate succession calculator shows exactly how your estate would be distributed according to Canadian provincial laws if you die without a will. Understanding intestacy laws is crucial for estate planning because provincial legislation determines who inherits your assets—often in ways that don't align with your wishes. Each Canadian province has different intestate succession rules, and the differences can be dramatic. For example, Ontario's Succession Law Reform Act gives a surviving spouse a $350,000 preferential share before children inherit, while Manitoba's threshold is only $50,000. Quebec operates under civil law and does NOT recognize common-law partners at all for intestate succession—only legally married spouses inherit automatically. Our free intestate succession calculator models all 10 provinces' intestacy laws and shows you the exact distribution based on your family situation. You can compare how different provinces treat estates, see how common-law relationships affect inheritance, and understand why having a will is essential. The calculator handles complex scenarios including multiple children, parents, siblings, and extended family, applying the correct provincial formulas to show who inherits what percentage and dollar amount. The results may surprise you. Did you know that in Quebec, your spouse only gets 1/3 of your estate if you have children? Or that in most provinces, your common-law partner must have lived with you for 2-3 years to inherit? Without a will, you have NO CONTROL over who receives your assets—provincial law decides for you. This calculator demonstrates the urgent importance of estate planning and creating a legally valid will that reflects your true wishes.
Key Features
- Calculate intestate distribution for all 10 Canadian provinces
- Model any family situation: spouse, children, parents, siblings
- See exact dollar amounts each beneficiary would receive
- Visual pie chart showing distribution percentages
- Provincial comparison mode to see how rules differ
- Common-law partner recognition by province
- Step-by-step math explanation of intestacy formulas
- Warning alerts for surprising outcomes
When to Use This Calculator
- Understanding who inherits if you die without a will
- Comparing intestate distribution vs your desired distribution
- Learning how common-law relationships affect inheritance
- Seeing how different provinces treat estates differently
- Educating family members about importance of estate planning
- Estate planning preparation before meeting with lawyer
- Teaching children about Canadian succession law