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{{Dial-A-Law TOC|expanded = wills}}
If you don’t prepare someone dies without a will, the they’re said to have died “intestate”. The law says how your their property will get distributed. Learn what happens if you die without a will (, and why you should prepare one)who has the right to “administer” their affairs. ==Understand the legal framework==
==Understand the legal framework=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 [https://dialalaw.peopleslawschool.ca/your-duties-as-executor/ 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. If the deceased leaves '''a spouse and descendants''', the spouse gets at least part of the estate. How much depends on whether the descendants are also the spouse’s descendants. If the deceased leaves a spouse and children — all of whom are also their spouse’s children — the spouse gets the first $300,000 of the estate and half of what’s left over. The other half is divided equally among the children. If any of the deceased’s children are not also their spouse’s children, the spouse gets the first $150,000 of the estate and half of what’s left over. The other half is divided among the descendants of the deceased (usually their children). In either case, the spouse has the right to acquire the family home from the estate as part of their share. If the deceased had '''more than one spouse''' (possible under [http://canlii.ca/t/52x69#sec2 the law]), they share the spouse’s share equally (unless they agree or a court decides differently). If the deceased had '''no spouse''', then the estate is divided among their descendants equally.
===You don’t A person doesn’t have to be married to be considered a spouse===In this context, a '''spouse''' includes a person who has lived with you the deceased person for at least two years in a marriage-like relationship immediately before your their death. Same-sex common-law partners can be partnersspouses.
This means that more than one person could be your the deceased’s spouse and share in your the estate.
===The court may need to appoint someone to look after your any children===With a will, you a person can appoint a '''guardian''' to look after any young children you they leave behind after you they die. If you die someone dies without a will, the court will need to appoint a guardian if you have the deceased leaves behind children under 19 and the other parent isn’t alive.
===A minor’s share will must be paid to the Public Guardian and Trustee===If you die someone dies without a will, if anyone who is entitled to a share in your the estate is not yet 19 years old, [http://canlii.ca/t/52x69#sec153 the lawin BC] says their share will need to must be paid to the '''Public Guardian and Trusteeof BC'''. [http://www.trustee.bc.ca/Pages/default.aspx This public body] will become becomes the trustee and will hold a minor’s share in an estate until they’re 19 years old. The child’s parent or guardian would have to can apply to the Public Guardian and Trustee for any money needed for things like living expenses or education. This can be a hardship if the child is quite young and the parent or guardian needs the money for day-to-day expenses.
When the child turns 19, they can demand all their money — no matter how much it is or whether they are mature or financially responsible.
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===The court will appoint someone to control your deal with the estate===If you don’t have someone dies without a will , then you they haven’t appointed an executor to manage your estate their affairs when you they die. So someone Someone will need to apply to court so they can legally deal with your the deceased person’s estate. The person appointed by the court to manage the estate is called an '''administrator'''. ===There are certain people who can apply to administer the estate===The people who can apply to '''administer''' the estate are listed [http://canlii.ca/t/52x69#sec130 under the law] by order of priority. The spouse of the deceased is the first person who can apply or nominate someone else to apply. If the deceased did not have a spouse or if the spouse is unwilling or unable to be the administrator, then a relative can apply.
====Certain conditions may apply to appointing an administrator====
If you have the deceased leaves behind debts when you they die, the person who applies to be the administrator must get your the deceased’s creditors to agree to the application. Also, the person who applies may have to get the agreement of other people who could be appointed administrator. And the person may have to secure (deposit) money with the court (called a '''bond'''), to ensure they do the work honestly and competently.
===The duties of an administrator===
An administrator must:
*Make funeral arrangements, if required.
*Locate all the estate’s '''assets ''' and make sure they’re secure; for example, the administrator must ensure that cars or buildings are insured, and that important documents are in a safe place.*Locate all family members who may be legally entitled to a share of the estate (called an “'''heir'''” of the estate). This may involve contacting people outside of Canada.*Advertise in the ''[https://www.crownpub.bc.ca/Home/Gazette BC Gazette] '' for potential creditors. *Sell assets that need to be sold. This includes listing and selling real estate after having it appraised; selling stocks, bonds, and other securities; and valuing and disposing of other personal belongings. *Sometimes, instead of being sold, assets may be given a certain value and transferred to an heir as part of their share of the estate.*Locate all family members who may be heirs to the estate. This may involve contacting people outside of Canada.
*File all necessary income tax returns and obtain an income tax clearance from the Canada Revenue Agency, confirming that all income tax has been paid.
*Put all money in an estate account and use it to pay the estate's debts, income taxes, legal and accounting expenses, and possibly an administration fee.
*Pay any money left over to the heirs (also called '''intestate successors''')of the estate.*Report to the intestate successors heirs listing all money received, debts and expenses paid, fees charged, and details of how the estate was distributed. ==Common questions== ===Do I need a lawyer or notary public to help with estate planning?=== With good do-it-yourself materials, you can write a simple will. The will can take care of basic concerns, such as leaving a home, investments, and personal items to loved ones. But by having your will prepared by an experienced estates lawyer or notary public, you can be confident your affairs will be handled according to your wishes. It’s the safest way to avoid mistakes. As well, preparing a will involves much more than just signing a document. It involves reviewing your potential estate and planning to minimize fees, taxes, and costs to deal with your estate. Obtaining professional help can help you minimize these expenses. Our information on [[Making a Will and Estate Planning (Script 176)|preparing a will and estate planning]] explains this in more detail.
==Get help==
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