Spouse and children

If a person dies and has both children and a spouse, the spouse is entitled to a preferential share of the deceased's estate.

The amount of the preferential share depends on whether all the descendants are from the marriage or not.

If all the descendants are from the marriage, the spouse is entitled to $300,000 or more.

If the descendants are not all from the marriage, the spouse is entitled to $150,000 or more as prescribed.

If the value of the estate is less than the spouse's preferential share, the entire estate goes to the spouse. If the estate value is the same or more than the spouse's preferential share, the spouse gets the preferential share and the rest is divided equally between the spouse and the descendants.

No surviving spouse

If someone dies without a will and without a surviving spouse. The person's property (intestate estate) will be distributed in a specific order:

1. If the person has children or other descendants, the property will be divided equally among them.

2. If there are no children or other descendants, the property will be given to the person's parents, or to the surviving parent if one has passed away.

3. If there are no surviving children or parents, the property will go to the descendants of the person's parents.

4. If there are no surviving descendants of the parents, but the person's grandparents or descendants of grandparents are still alive, the property will be divided equally among the surviving parents of each of the person's parents, or to the descendants of the deceased grandparents if one parent has no surviving parents.

5. If there are no surviving descendants of grandparents, the property will go to the government under the Escheat Act.

When distributing the estate, those of equal relation to the shall receive an equal share of the estate.

BC Wills and Succession Act s.22-24