Here's what happens when you don't have a valid written will:

Without a will, you are determined to have died 'intestate.'  Provincial laws determine who gets to look after any assets owned by you alone.  Some examples:

  • The law does NOT give your family home to your spouse, but only allows your spouse to live in it.

  • If the house is sold, your spouse receives only one third of the sale price (the other two-thirds go to your children).

  • Your spouse will NOT receive your assets, but only $65,000, with the rest split with the children.

  • If your children are under 19, two-thirds of their split of your assets will be held in trust by the Public Guardian and Trustee.

Childless

And if there are no children?  Without a will, if you and your spouse die together in an accident and your spouse is younger than you, your spouse's family inherits everything,  leaving nothing for your family.

Who's In Charge?

British Columbia law defines who has the responsibility to control your assets if you die 'intestate'.  This is the order of priority:

1.   The surviving spouse of the deceased.  Married or not, a spouse is legally defined as a person living with the deceased as husband or wife for a continuous period of time of at least two years.
2.   An adult child of the deceased.
3.   A parent of the deceased.
4.   An adult brother or sister of the deceased.
5.   An adult nephew or niece of the deceased.
6.   An adult next of kin of the deceased (See sections 89 and 90 of the Estate Administration Act www.qp.gov.bc.ca/cs.)
 7.   The minister under the BC Benefits (Income Assistance) Act or the official administrator under the Estate Administration Act.  www.qp.gov.bc.ca/cs.
8.   An adult person having some relationship with the deceased not based on blood ties or affinity.

In each case from (2) to (5), the order of priority begins with the eldest and descends in order of age.  Should the eldest not be available or be unwilling to give instruction, that right passes to the next oldest in that category. 

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Here's how to get Free Legal Advice:

There are two reliable B.C. services for no-cost legal information:

  • Dial-A-Law.   Tape recorded messages offer information about creating a will and other topics from the B.C. branch of the Canadian Bar Association.  Toll free at  1-800-565-5297.

  • The Law Line.  Legal information and referral services from law librarians at the Legal Services Society.  (604) 601-6100.  (Long distance charge applies outside the Lower Mainland).

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What Can Go Wrong

When you write the will yourself, here are just some of the things that can go wrong:

  • Any previous will you've written isn't formally revoked and can come back to bite your heirs.

  • If someone included in your will dies before you do, what happens to the bequest?

  • Vague language leads to law suits.

  • If your choice of charity bequest is not properly identified, heirs may squabble.

  • Excluding a child from inheritance can lead to legal challenges.

  • It will contain no legal provisions that exclude your property and savings from undue probate charges and taxation.

The cost of having your will prepared by a lawyer or notary is probably less than you think and it costs nothing to ask "How much?"  The choice is to leave your family struggling with the details at a time when they are least able to cope.

A solid, well-written and legally acceptable will is the greatest last gift you can give to the people you love.