Do you reside in British Columbia and fear what’ll happen if you pass on without a will? In British Columbia, when this particular incident happens, it’s called that a person has died “intestate.”
On the other hand, when a person passes on leaving a will that is not fully disposed of the estate, and when there’s a part of the estate that is left undealt with, then they are said to be “partially intestate.” However, in both cases, the statutory rules will stipulate who is entitled to partake of the estate. At this point, it is best to consult wills and estates lawyers.
However, there is a stipulated will, estate and succession Act of British Columbia that sets a mandatory legislative scheme for distribution, except where the Indian Act applies. Contact Vancouver Will lawyers today to learn more.
If the person passes on having a surviving spouse without any descendants or a will, the surviving spouse then inherits the entire estate.
At the same time, if a person passes on without leaving behind a surviving spouse or any descendants or a solidified legal will, the following will people will inherit it:
- Deceased’s children
- Deceased’s grandkids
- Deceased’s parents or siblings
- Deceased’s further lineal descendants
- Deceased’s nephews and nieces / great-nieces and nephews
- Deceased’s grandparents, cousins, great grandparents, aunts & uncles.
In some cases, a formal will might not be involved. If you have heard about the Quit Claim deed that governs the transfer of property among family members, a formal will can be avoided. Quit claim deed in Georgia requires the family members to get in touch with a legal expert that specializes in such paperwork. While you might think that family transfers between the granter and grantee should be simple, there are tons of issues and problems that might arise. In such instances, it is the duty and responsibility of the granter to ensure that all formal and legal processes are being followed.
If those who have passed on with a surviving spouse or have descendants yet are without a will, then the formula for sharing the estate even though more involved is easier. It would take into account both a spousal preference and a portion of the value of the estate between both spouses and descendants. The WESA also takes into account when there are two or more spouses involved. In that case, the spouses share in the proportions that they agree on or, if they are unable to agree, in the proportions that the court determines to be just.
Persons who have lived together in a marriage-like relationship for at least two years, including people of the same gender, are considered spouses under WESA. Common-law spouses have the same rights as married spouses under the term of “spouse.”
WESA also specifies when a person no longer qualifies as a spouse. If:
- In the case of a marriage, an event occurs that gives rise to an interest in family property, as defined in Part 5 [Property Division] of the Family Law Act, or
- In the case of a marriage-like relationship, one or both persons terminate the relationship; they cease to be spouses for the purposes of this Act.
Finally, under WESA, a person’s inheritance escheats to the provincial Crown if they die without a spouse or descendants. Nonetheless, WESA allows a person to seek for the return of all or a portion of such real or personal property under the Escheat Act on the basis of a legal or moral claim or as a reward for finding the provincial Crown’s right to the property.
To summarise, dying without a will results in uncertainty and an outcome for your estate that is unlikely to reflect your objectives. Therefore, it is best to reach out to will lawyers near me and hire them to work on your will.
