What Really Happens When You Die Without a Will?
Death is never easy to think about—and planning for it can feel overwhelming. But one of the kindest things you can do for your loved ones is to remove as much uncertainty as possible. A simple way to do that is by creating a Will.
A Will isn’t just for the wealthy—it’s a tool for anyone who wants to decide what happens to their belongings, who will care for their children or pets, and who will manage their estate. Without a Will, these decisions are left up to government rules—and they may not reflect your wishes.
Why Having a Will Matters
One of the most important choices you make in your Will is appointing an executor—the person who will carry out your wishes and handle your estate. Without a Will, no executor is named, and that often leads to delays, added costs, and even conflict among loved ones.
What Happens If You Die Without a Will?
Dying without a valid Will is called dying intestate. When this happens, the government decides how to divide your estate according to provincial intestacy laws—not according to what you would have wanted.
In British Columbia, this process is governed by the Wills, Estates and Succession Act (WESA), which sets out a strict hierarchy for who inherits your estate. Your assets are distributed by a legal formula with no regard for personal wishes, verbal promises, or the unique dynamics of your family.
What It Means for Your Spouse or Partner
In BC, WESA’s definition of “spouse” is broad—it includes both legally married spouses and common-law partners who have lived together in a marriage-like relationship for at least two years prior to death. Both are treated equally under BC’s intestacy rules.
Without a Will, there’s no guarantee your partner, spouse, or children will be cared for the way you intended.
What About Children?
If a parent dies without a Will, the consequences can be particularly serious for minor children.
- In BC, any inheritance for children under 19 (the provincial age of majority) will be automatically managed by the Public Guardian and Trustee (PGT)—a government body.
- Your surviving spouse or family members would need to apply to the PGT for approval before accessing funds for everyday expenses like education, clothing, or medical care—and those requests may be denied.
- Children receive the full amount only when they turn 19, regardless of their readiness to manage it. A Will lets you extend that age (say, to 25) and appoint a trusted person as trustee instead of the PGT.
- Without a Will, if there is no surviving guardian, a court—not you—will decide who raises your children.
A Will gives you control over these deeply personal decisions.
Financial and Emotional Consequences for Families
When there’s no Will:
- Family members face delays, legal fees, and uncertainty that can stretch on for months or years.
- Loved ones may miss out on important tax deferrals or government benefits.
- Disputes may arise, creating emotional rifts during an already painful time.
- Your assets could ultimately go to relatives you didn’t intend—or to the provincial government if no eligible heirs can be found.
Creating a Will ensures your estate is handled according to your values and intentions—not left up to chance.
Final Thoughts
Making a Will may feel like a difficult task, but it’s one of the most compassionate choices you can make. It offers comfort, clarity, and protection for the people you care about most—and it ensures your voice is heard, even when you’re no longer here.
Whether you have a little or a lot, your legacy deserves to be honoured the way you want it to be. And if part of that legacy includes making a difference in your community, a planned gift to United Way BC is a meaningful way to extend your impact for generations to come.
Share Your Wishes With Us
Creating a legacy gift is a deeply personal decision, and we want to honour that. We’re here to help you achieve the impact you envision—whether that’s supporting food security, housing, children and youth, or the many other causes we work on together across British Columbia.
Letting us know about your intentions doesn’t obligate you to anything—you’re always free to make changes to your plans. And rest assured, we value your privacy and never share your personal information.
We’d be truly honoured to thank you for being someone who cares so deeply about helping others across this province.
Ready To Start the Conversation?
To share your wishes, please contact:
Shelina Verjee
Philanthropy Manager
604.268.1320 (Direct)