When Someone Dies Without a Will - Revision history

Elena Renderos at 05:24, 10 November 2020

2020-11-10T05:24:40Z

Elena Renderos: Elena Renderos moved page When Someone Dies Without a Will (No. 177) to When Someone Dies Without a Will: Removing recording numbers from page names

2020-09-12T05:09:20Z

Elena Renderos moved page When Someone Dies Without a Will (No. 177) to When Someone Dies Without a Will: Removing recording numbers from page names

← Older revision	Revision as of 05:09, 12 September 2020
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Drew Jackson at 17:35, 31 March 2019

2019-03-31T17:35:13Z

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	{{REVIEWEDPLS \| reviewer = [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert\|date= February 2018}} {{Dial-A-Law TOC\|expanded = wills}}		{{REVIEWEDPLS \| reviewer = [https://www.mclellanherbert.com/Our-Team.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.		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.

	==Understand the legal framework==		==Understand the legal framework==
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	:Web: [http://www.trustee.bc.ca/ trustee.bc.ca]		:Web: [http://www.trustee.bc.ca/ trustee.bc.ca]


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Elena Renderos at 05:47, 29 March 2019

2019-03-29T05:47:51Z

← Older revision		Revision as of 05:47, 29 March 2019
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	{{~~Dial~~-~~A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert\|date= February 2018}} {{Dial-A-Law TOC\|expanded = wills}}

	{{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.		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.

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	===The law says how someone’s estate is distributed if they die without a will===		===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~~ 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 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 (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.		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.
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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|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~~ a Will and Estate Planning (~~Script~~ 176)\|preparing a will and estate planning]] for guidance on preparing a will.		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 [[Preparing a Will and Estate Planning (No. 176)\|preparing a will and estate planning]] for guidance on preparing a will.
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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|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~~ a Will and Estate Planning (~~Script~~ 176)\|preparing a will and estate planning (no. 176)]] for more on the benefits of preparing a will.		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 [[Preparing a Will and Estate Planning (No. 176)\|preparing a will and estate planning (no. 176)]] for more on the benefits of preparing a will.
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	:Web: [http://www.trustee.bc.ca/ trustee.bc.ca]		:Web: [http://www.trustee.bc.ca/ trustee.bc.ca]



	~~[updated February 2018]~~

	~~'''The above was last reviewed for legal accuracy by [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert.'''~~

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Drew Jackson: Drew Jackson moved page What Happens When You Die Without a Will? (Script 177) to When Someone Dies Without a Will (No. 177): align with new Dial-A-Law website

2019-03-22T01:06:04Z

Drew Jackson moved page What Happens When You Die Without a Will? (Script 177) to When Someone Dies Without a Will (No. 177): align with new Dial-A-Law website

← Older revision	Revision as of 01:06, 22 March 2019
(No difference)

Dial-A-Law: /* Understand the legal framework */

2019-03-03T22:34:50Z

Understand the legal framework

← Older revision		Revision as of 22:34, 3 March 2019
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	===The law says how someone’s estate is distributed if they die without a will===		===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 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 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.		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.
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	*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.		*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 of the estate.		*Pay any money left over to the heirs of the estate.
	*Report to the heirs listing all money received, debts and expenses paid, fees charged, and details of how the estate was distributed.		*Report to the heirs listing all money received, debts and expenses paid, fees charged, and details of how the estate was distributed.

	==Get help==		==Get help==

Dial-A-Law at 22:31, 3 March 2019

2019-03-03T22:31:59Z

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Dial-A-Law: /* A minor’s share will be paid to the Public Guardian and Trustee */

2019-03-03T05:20:36Z

A minor’s share will be paid to the Public Guardian and Trustee

← Older revision		Revision as of 05:20, 3 March 2019
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	===A minor’s share will be paid to the Public Guardian and Trustee===		===A minor’s share will be paid to the Public Guardian and Trustee===
	If you die without a will, if anyone who is entitled to a share in your estate is not yet 19 years old, [http://canlii.ca/t/52x69#sec153 the law] says their share will need to be paid to the '''Public Guardian and Trustee''. [http://www.trustee.bc.ca/Pages/default.aspx This public body] will become 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 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.		If you die without a will, if anyone who is entitled to a share in your estate is not yet 19 years old, [http://canlii.ca/t/52x69#sec153 the law] says their share will need to be paid to the '''Public Guardian and Trustee'''. [http://www.trustee.bc.ca/Pages/default.aspx This public body] will become 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 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.		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.

Dial-A-Law: /* The law says how your estate is distributed if you die without a will */

2019-03-03T05:19:03Z

The law says how your estate is distributed if you die without a will

← Older revision		Revision as of 05:19, 3 March 2019
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	Every adult who owns assets or has a spouse or young children should have a will. But surprisingly, many people don’t. The few hours you spend planning your estate could save your spouse, children, and other beneficiaries much time, effort, and money. If you don’t have a will, you lose control over who gets how much of your estate and when. You also give up the right to appoint a guardian for any young children you have. And the costs to administer your estate may be much higher. Our information on [[Making a Will and Estate Planning (Script 176)\|preparing a will and estate planning]] provides guidance on how to prepare a will.		Every adult who owns assets or has a spouse or young children should have a will. But surprisingly, many people don’t. The few hours you spend planning your estate could save your spouse, children, and other beneficiaries much time, effort, and money. If you don’t have a will, you lose control over who gets how much of your estate and when. You also give up the right to appoint a guardian for any young children you have. And the costs to administer your estate may be much higher. Our information on [[Making a Will and Estate Planning (Script 176)\|preparing a will and estate planning]] provides guidance on how to prepare a will.

	==The law says how your estate is distributed if you die without a will==		===The law says how your estate is distributed if you die without a will===
	If you die without a will, BC’s ''[http://canlii.ca/t/52x69#sec20 Wills, Estates and Succession Act]'' says how your estate will be divided. Your money and property will be divided as follows:		If you die without a will, BC’s ''[http://canlii.ca/t/52x69#sec20 Wills, Estates and Succession Act]'' says how your estate will be divided. Your money and property will be divided as follows:
	*If you have '''a spouse and no descendants''', your estate goes to your spouse. A '''descendant''' means a surviving person of the generation nearest to you. This will almost always be children only. For example, your grandchildren would only get a share of your estate if their parent (your child) died before you.		*If you have '''a spouse and no descendants''', your estate goes to your spouse. A '''descendant''' means a surviving person of the generation nearest to you. This will almost always be children only. For example, your grandchildren would only get a share of your estate if their parent (your child) died before you.
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	*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.		*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''').		*Pay any money left over to the heirs (also called '''intestate successors''').
	*Report to the intestate successors listing all money received, debts and expenses paid, fees charged, and details of how the estate was distributed.		*Report to the intestate successors listing all money received, debts and expenses paid, fees charged, and details of how the estate was distributed.

	==Common questions==		==Common questions==

Dial-A-Law at 05:18, 3 March 2019

2019-03-03T05:18:40Z

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