What Happens If You Die Without a Will in BC?

No one enjoys thinking about what happens after they are gone, but not thinking about it can come at a cost; especially for your family.

When someone in British Columbia dies without a valid Will, they are considered to have died “intestate”. This means the Province steps in to make critical decisions about your assets, your dependents, and the legacy you leave behind. The outcome is often delays, stress, and legal complexity at a time when your loved ones are already grieving.

At Lilian Cazacu Notary Corporation, we help individuals and families take proactive steps to avoid these scenarios. Having a clear and legally sound Will is one of the most important tools you can use to ensure that your wishes are followed, your estate is distributed fairly, and your family is protected from unnecessary complications.

What It Means to Die Intestate in BC

When there is no Will in place, the provincial government becomes responsible for distributing your estate. This includes money in your accounts, your home, investments, vehicles, and other personal belongings.

Instead of your intentions guiding these decisions, the distribution follows a standard formula set out by the Wills, Estates and Succession Act. That formula may not reflect your values, your family dynamics, or what you would have chosen.

For example, if you are married with children, the law divides your estate between your spouse and children according to a fixed percentage. If you are unmarried with no children, your assets may go to extended family members or, if no relatives are found, the government itself. There is no room for personalized wishes.

Intestacy also creates uncertainty when multiple people feel entitled to inherit, especially in blended families. Without a will to clarify your intentions, disputes between siblings, step-relatives, or distant heirs can quickly escalate, requiring legal intervention.

The Real Impact on Families

Dying without a Will does more than delay paperwork. It can create emotional strain, confusion, and conflict among family members. Those left behind may not know your preferences for burial or cremation. They may disagree about how to divide your belongings. In some cases, estranged relatives may become legal beneficiaries, while close friends or chosen family are left with nothing.

The absence of a legal Will can also slow down access to funds needed for funeral arrangements, mortgage payments, or other urgent expenses. This can leave spouses or dependents in limbo while your estate is processed through the public system.

Many families also face administrative hurdles, such as having to apply for a Grant of Administration, which allows someone to act on your behalf when no executor has been named. This process takes time and often involves extra legal and court fees.

Choosing an Executor in Your Will

One of the most important roles a Will plays is allowing you to name your own executor, the person who will carry out your wishes. Without a Will, someone must apply to the courts to be appointed as administrator of your estate. This person may not be someone you would have chosen.

Executors have legal responsibility to manage and distribute your estate, settle debts, and handle tax matters. Appointing someone trustworthy and giving them clear written instructions reduces the chances of costly mistakes or delays. It also gives peace of mind to the people you care about most.

The probate process can become drawn out, expensive, and emotionally draining. In contrast, a clear and well-drafted Will simplifies this experience, giving your family clarity and legal confidence in their next steps.

How Can a Notary Help?

Creating a valid Will is not something that should be rushed or left to templates. While “do-it-yourself” kits may seem convenient, they often leave out critical clauses or fail to meet legal requirements in British Columbia. This can result in your will being challenged, rejected, or misinterpreted.

At Lilian Cazacu Notary Corporation, we help you create a Will that reflects your specific circumstances and values. We guide you through the process, from discussing how to distribute your assets, to appointing guardians for minor children, to preparing for future updates.

We also offer integrated estate planning services that include Powers of Attorney and personal planning documents. These tools work together to protect your decisions while you are alive and after you are gone.

Many of our clients are surprised by how accessible the process becomes with professional guidance. We ensure that each document is clearly explained, legally compliant, and securely stored for when it is needed most.

When Can You Create a Will?

Many people wait until later in life to think about estate planning, but the truth is that unexpected events can happen at any age. If you are over 19 and have any assets, dependents, or preferences for how your affairs should be handled, you should consider creating a will now.

Creating a Will is especially important if you:

• Own property or have financial assets
•  Have minor children
•  Are part of a blended family
•  Are unmarried but in a long-term relationship
•  Want to leave a gift to a charity or specific individual
•  Have specific cultural or religious preferences regarding your estate

Even if you already have a Will, it should be reviewed regularly and updated after key life events, such as marriage, divorce, or the birth of a child. We make this process simple and easy to manage.

If you are unsure how to time your estate planning, this blog post offers helpful context on planning major life events with legal support in mind.

Our Approach

When you work with our office, you are never just filling out forms. We take time to understand your values and walk you through each decision clearly and professionally. You will leave with a document that is fully valid under British Columbia law and easy for your executor to use when the time comes.

If you want to learn more about how notaries can support this process, this article explains how we help clients prepare with confidence.

You can also contact us directly with questions or to set up a consultation.

Why Does It Matter?

A Will is more than a legal document. It is a clear and caring way to protect your family, support your values, and avoid unnecessary complications in the future.

By choosing to create one now, you give your family peace of mind. You reduce the risk of conflict. You ensure that the things you have worked for go where you want them to go.

Most importantly, you give yourself and your loved ones the comfort of knowing that your affairs are in order. If you are ready to start, book your appointment with us today. We are here to help you take this important step forward with clarity and confidence.