What Happens If The Deceased Left No Will?

When an individual dies without a will, this individual will not have a say in how the estate is divided after his or her passing. The deceased individual's estate is divided pursuant to the Wills, Estate and Succession Act (WESA). It is necessary for a person, usually a family member, to apply to court for letters of administration to have the legal authority to administer the estate and divide the estate amongst family members as set out in WESA.

The lawyers at Vancouver-based Westside Family Law can guide family members with the grant of administration application and help them administer the deceased's estate. When there is no will, administering an estate can be complex and is best undertaken under the guidance of a legal professional.

Dying Without A Will

If a deceased dies without leaving a valid will, then he or she will have no say as to how the estate is distributed. In that case, the Wills, Estates and Succession Act steps in and controls the division of estate.

Under WESA, the spouse gets a certain amount of the deceased's estate. The spouse is also entitled to the family home. After the spouse is allocated his or her rightful entitlement under WESA, then the rest of the estate is divided among the children of the deceased. If there are no children, the spouse is entitled to the entire estate

Assisting Administrators Where There Is No Will

The administrator of an estate still has to fulfil the same duties as an executor. The only difference is that estate distribution is dictated by the WESA instead of the deceased's will.

An administrator still must:

  • File the final income tax returns
  • Sell assets
  • Pay off the debts of the estate
  • Report to the beneficiaries

Our lawyers have the experience and training to navigate estate administrators through the administration process. We will support you along every step with advice and guidance. Our aim is to ensure we put you on the best path of accurately administering the deceased's estate.

Schedule A Confidential Consultation With Our Lawyers

We can answer your questions about administration in cases where no will was left. We can also guide you through the estate administration process. Call us at 604-800-8853 or use our online form to contact us.