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{{DialREVIEWEDPLS | reviewer = [https://www.mclellanherbert.com/Our-A-Law BlurbTeam.shtml Hugh McLellan], McLellan Herbert|date= February 2018}} {{Dial-A-Law TOC|expanded = wills}}
If someone dies without a will, they’re said to have died “intestate”. The law says how their property will get distributed, and who has the right to “administer” their affairs.
===The law says how someone’s estate is distributed if they die without a will===
If someone dies without a will, the [http://canlii.ca/t/52x69#sec20 law in BC] says how their '''estate''' will be divided. A person’s estate is made up of the property and belongings they own on their death, with some exceptions (as explained in our information on the [[Your Duties As Executor (Script No. 178)|duties of an executor]]). The estate will be divided on an intestacy depending on the mix of relatives the deceased person leaves behind.
If the deceased leaves '''a spouse and no descendants''', the estate goes to their spouse. A “descendant” means a surviving person of the generation nearest to the deceased. This will almost always be children only. For example, grandchildren would get a share of the estate only if their parent (the deceased’s child) died before the deceased.
{| class="wikitable"
|align="left"|'''Tip'''
Every adult who owns assets or has a spouse or young children should have a will. By preparing a will, you have control over who gets how much of your estate and when. You can appoint a guardian for any young children you have. And you can minimize the time and expense for others to deal with your affairs after you die. See our information on [[Making Preparing a Will and Estate Planning (Script No. 176)|preparing a will and estate planning]] for guidance on preparing a will.
|}
{| class="wikitable"
|align="left"|'''Tip'''
By preparing a will, a person can create a '''trust''' for any gifts left to minor children or others who might be under 19 when the will-maker dies. The will-maker can appoint a trustee to manage the minor’s share for the minor’s benefit until they turn 19 (or a later age if desired). See our information on [[Making Preparing a Will and Estate Planning (Script No. 176)|preparing a will and estate planning (no. 176)]] for more on the benefits of preparing a will.
|}
:Web: [http://www.trustee.bc.ca/ trustee.bc.ca]
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