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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 10, 2021}} | ||
{{LSLAP Manual TOC|expanded = wills}} | {{LSLAP Manual TOC|expanded = wills}} | ||
== A. Generally == | == A. Generally == | ||
If a person dies intestate (without a valid will), their assets are distributed to intestate successors in accordance with ''WESA''. Where a will exists but does not cover all assets, there will be a partial intestacy and those assets outside the will that do not pass by contract or survivorship will pass according to ''WESA'' | If a person dies intestate (without a valid will), their assets are distributed to intestate successors in accordance with ''WESA''. Where a will exists but does not cover all assets, there will be a partial intestacy and those assets outside the will that do not pass by contract or survivorship will pass according to ''WESA's'' intestacy distribution scheme. | ||
=== 1. Spouses === | === 1. Spouses === | ||
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The spouse of the deceased is always entitled to a preferential share of the estate, as well as the “household furnishings” defined as the personal property usually associated with the enjoyment by the spouses of the spousal home (''WESA'', s 21(1)). | The spouse of the deceased is always entitled to a preferential share of the estate, as well as the “household furnishings” defined as the personal property usually associated with the enjoyment by the spouses of the spousal home (''WESA'', s 21(1)). | ||
If there are two or more spouses, they must agree as to how to divide the preferential share, otherwise, it will be determined by the courts (''WESA'', s 22). | If there are two or more spouses, they must agree as to how to divide the preferential share, otherwise, it will be determined by the courts (''WESA'', s 22). See ''[https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc325/2021bcsc325.html Boughton v Widner Estate]'', 2021 BC2C 325 for an example of the court dividing a deceased’s estate among two spouses. | ||
=== 2. Spousal Home === | === 2. Spousal Home === | ||
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Under ''WESA'', two persons cease being spouses if: | Under ''WESA'', two persons cease being spouses if: | ||
# In the case of a marriage, they live separate and apart for at least two years, with '''one or both of them''' having formed the intention during that time to live separate and apart '''permanently''', or an event occurs that causes an interest in family property, as defined in Part 5 [''Property Division''] of the ''Family Law Act'', to arise pursuant to section 2(2)(a) of ''WESA'', '''or''' | |||
# In the case of a marriage-like relationship, one or both persons terminate the relationship. | |||
:'''NOTE:''' See ''Gosbjorn v. Hadley'', 2008 BCSC 219 | :'''NOTE:''' See ''[https://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc219/2008bcsc219.html?autocompleteStr=Gosbjorn%20v.%20Hadley%2C%202008%20BCSC%20219%20&autocompletePos=1 Gosbjorn v. Hadley]'', 2008 BCSC 219 and more recently ''[https://www.canlii.org/en/bc/bcsc/doc/2019/2019bcsc200/2019bcsc200.html?autocompleteStr=Mother%201%20v%20Solus%20Trust%20Company%2C%202019%20BCSC%20200%20&autocompletePos=1 Mother 1 v Solus Trust Company]'', 2019 BCSC 200 at paras 149-151 for a discussion of when a marriage-like relationship ceases. | ||
== C. Miscellaneous Provisions == | == C. Miscellaneous Provisions == | ||