Skip to content
Vest-Estate-Law-Logo-White
  • Areas of Estate LawExpand
    • Estate AdministrationExpand
      • Grant of Administration
    • Estate PlanningExpand
      • Enduring Power of Attorney
      • Personal Directives
      • Will Planning
    • Estate LitigationExpand
      • Contesting a Will
      • Elder Law
      • Estate Mediation
      • Estates & Trusts
      • Guardianship & Trusteeship
    • Grant of Probate
    • Advanced Care Planning
    • Business Owner Retirement Planning
    • Business Succession Planning
    • Charitable Giving
    • Digital Assets Upon Death
    • Testamentary Trust
  • Locations & TeamExpand
    • Meet Your Team
    • Locations
    • Contact Us
  • Knowledge CentreExpand
    • Alberta Family Law
    • Estate Planning Info
    • Wills Deep Dive
    • Estate Administration
    • Probate Help
    • Calgary Articles
    • Edmonton Articles
    • Vancouver Articles
Get Help Now
Vest-Estate-Law-Logo-White

Does a Spouse Really Inherit Everything in BC?

Hours Updated onFebruary 8, 2025 Categories BC
spouse inheritance laws bc

Your spouse will not automatically inherit your entire estate in BC if you die without a Will. Instead, inheritance depends on specific conditions, including whether you have children and the value of your estate. If you have children, your spouse receives a preferential share ($300,000 for children of the relationship, $150,000 for children from previous relationships) plus half of the remaining estate. The other half will be divided among your children. These inheritance rules become more complex as your family situation changes.

Key Takeaways

  • A spouse inherits everything only if the deceased has no children and dies without a will in BC.
  • Surviving spouses receive a preferential share of $300,000 if there are children of the relationship, or $150,000 with stepchildren.
  • When you have children, the remaining estate after preferential share is split 50/50 between spouse and children of the deceased.
  • Common-law partners have identical inheritance rights as married spouses after two years of cohabitation.

Understanding Basic Inheritance Rights in BC

While inheritance laws can seem complex, understanding your basic rights in British Columbia is not as complicated as you might think. The key principle is that if you are a spouse and your partner dies without a will, you will inherit the entire estate only under specific conditions.

You will receive everything if there are no surviving children or if the estate’s value falls below the preferential share threshold.

If there are children of the relationship, you are entitled to a preferential share of $300,000, or $150,000 if the children are from your partner’s previous relationship. After that, the remaining estate is divided between you and the children.

It is crucial to acknowledge that these rights apply equally to common-law partners who have lived together for at least two years.

The Impact of Children on Spousal Inheritance

When children are involved in an estate, they greatly alter how much a spouse inherits in British Columbia.

If you are the surviving spouse and your partner had children from a previous relationship, you will not automatically inherit everything. Instead, you will receive a preferential share of the estate first.

The amount of your preferential share depends on whether the children are from your relationship or a previous one.

If they are children of the relationship , you will get the first $300,000. However, if they are your partner’s children from another relationship, you will only receive $150,000.

After the preferential share, you will receive half of what remains, while the other half is divided equally among the children of the deceased, regardless of their relationship to you.

Common-Law Partners and Estate Distribution

Common-law partners in British Columbia have enjoyed the same inheritance rights as legally married spouses, but only if they have lived together in a marriage-like relationship for at least two years prior to their partner’s death.

Courts will examine factors like shared finances, joint decision-making, and public presentation as a couple to determine if the relationship qualifies.

If your partner dies without a will, you may need to prove your common-law status to claim your inheritance rights.

This means providing evidence of cohabitation and demonstrating the marriage-like nature of your relationship.

You will face the same distribution rules as married spouses: receiving the entire estate if there are no children, or a preferential share plus a portion of the remainder if there are children of the deceased.

How BC’s Two-Year Cohabitation Rule Affects Inheritance

The two-year cohabitation requirement stands as a legal threshold in British Columbia’s inheritance laws.

You will need to meet this requirement precisely to qualify as a spouse for inheritance purposes, regardless of your relationship’s overall length or depth.

Three significant impacts of the two-year rule on your inheritance rights:

  1. If you have lived together for less than two years when your partner dies, you may not qualify as a spouse.
  2. You cannot combine separated periods of cohabitation to meet the requirement.
  3. Your emotional or financial commitment to the relationship may not override this time requirement.

Understanding this rule is essential for protecting your interests, as it directly affects whether you will inherit under BC’s intestacy laws.

Distribution Rules When There’s No Will

Under British Columbia’s intestacy laws, your assets will follow a predetermined distribution path if you die without a valid Will.

If you have a spouse but no children, your spouse will inherit your entire estate.

However, if you have both a spouse and children, the distribution becomes more complex. Your spouse will receive a preferential share ($300,000 if the children are from your relationship together, or $150,000 if they are from another relationship), plus half of the remaining estate. The other half is divided among your children.

When there is no spouse or children, your estate passes to your parents, and if they are not alive, then to your siblings.

Without any living relatives, your estate escheats to the government.

Legal Options for Protecting Spousal Rights

Protecting your spousal inheritance rights in British Columbia requires careful planning and understanding of available legal options.

You will want to contemplate formal legal documentation to guarantee your interests are safeguarded, especially if you are in a common-law relationship.

Here are three crucial steps you can take to secure your inheritance rights:

  1. Draft a thorough Will that clearly outlines your wishes and names your spouse as a beneficiary.
  2. Create a cohabitation or marriage agreement that specifically addresses inheritance matters.

It is also worth reflecting on joint ownership of significant assets and updating beneficiary designations on life insurance policies and retirement accounts.

If you are concerned about potential challenges to your spouse’s inheritance rights, consulting with an estate planning lawyer can provide additional protection.

Conclusion

You cannot assume your spouse will automatically inherit everything in BC. While spouses have strong inheritance rights, factors like children from previous relationships and the absence of a Will can greatly impact their share. To protect your spouse’s interests, you will need to understand BC’s inheritance laws, especially regarding preferential shares and common-law requirements. Creating a Will remains your best option for ensuring your wishes are followed.

Vest BC Map

Our main hub for British Columbia is located in the heart of Vancouver. That said, we serve the entire province of BC. We have the infrastructure to work with any of our clients virtually — even in the furthest regions of British Columbia.

Call (604) 256-7152 [toll free 1 (877) 415-1484] to get routed to the best representative to serve you or contact us online to schedule an appointment.

We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take and what to expect moving forward.

Our offices are generally open 8:30 a.m.—4:30 p.m., Mon—Fri.

Vest-Estate-Law-EndStamp
Myron Plett - Vest Estate Law

Myron Plett

WILLS and ESTATES LAWYER

Myron is a seasoned litigator with nearly twenty years of experience and a broad range of skills that has led to significant successes in the Provincial Court of British Columbia, the Supreme Court of British Columbia. He has also taken his clients to victory before tribunals such as the Residential Tenancy Branch and the BC Human Rights Tribunal.

  • Learn More About Myron
We're here to help you
Landing Page - General

Wills / Estate Planning

Estate Administration (for Executors and Administrators)

Includes all aspects of finalizing an estate, dealing with the assets and debts of an estate and distribution to beneficiaries.
Many personal representatives (executors) request that estate administration lawyers administer the estate for them.

Estate Litigation (Dispute Resolution)

Estate litigation includes dispute of a will,  making a claim against the estate as a spouse of the deceased, disinheritance, or if you think there has been undue influence in the process of making a will.

Our estate litigation lawyers act for personal representatives (executors), administrators, beneficiaries, spouses and adult interdependent partners (“AIP”) of a deceased individual.

Adult Guardianship and Trustee Applications

More Details / Other Concerns

Is there any other information you would like to include? If so, please provide us with a brief description

Recent Posts

  • How BC Courts Can Validate Invalid Wills Under WESA Section 58May 16, 2025
  • Contesting Unfair Wills: BC’s Wills Variation ActMay 15, 2025
  • A Guide to Testamentary Capacity: Mental Competence in BC Will-MakingMay 14, 2025

Dedicated estate litigators

Whether you need estate mediation or a court decision – Vest has the team to bring you a favourable outcome.

Estate Disputes Happen - Get Help Here
The Canadian Bar Association
Law Society of Alberta
Law Society of British Columbia
Three Best Rated Award
Calgary Best Rated Badge
Protect your estate
Join Team Vest!

We're looking for highly motivated associates to join our busy team.
Vest Estate Law offers competitive compensation and a spirited corporate culture.

Click Here for more info
EDMONTON

Suite 400, 10216 124 Street, Edmonton, Alberta T5N 4A3
Local: (587) 442-3553
Toll-Free: 1 (877) 448-3131

CALGARY

Suite 700, 396 11 Ave SW, Calgary, Alberta T2R 0C5
Local: (403) 226-9757
Toll-Free: 1 (888) 382-0033

VANCOUVER

Suite 301, 134 Abbott Street Vancouver, BC V6B 2K4
Local: (604) 256-7152
Toll-Free: 1 (877) 415-1484

RED DEER

Suite 203, 4807 50 Avenue, Red Deer, Alberta T4N 4A5
Local: (587) 441-3770

MORE

Contact Us
Payments
Privacy Policy
Terms of Use
Disclaimer



© 2025 Vest Estate Lawyers. Vest Estate Lawyers is a registered trade name of Spectrum Family Law LLP / Taylor Janis LLP - Sitemap

Facebook Linkedin Instagram

Do you have an estate issue that requires assistance?

Our estate-focused paralegals are standing by to assist you.

Get Help Here
  • Areas of Estate Law
    • Estate Administration
      • Grant of Administration
    • Estate Planning
      • Enduring Power of Attorney
      • Personal Directives
      • Will Planning
    • Estate Litigation
      • Contesting a Will
      • Elder Law
      • Estate Mediation
      • Estates & Trusts
      • Guardianship & Trusteeship
    • Grant of Probate
    • Advanced Care Planning
    • Business Owner Retirement Planning
    • Business Succession Planning
    • Charitable Giving
    • Digital Assets Upon Death
    • Testamentary Trust
  • Locations & Team
    • Meet Your Team
    • Locations
    • Contact Us
  • Knowledge Centre
    • Alberta Family Law
    • Estate Planning Info
    • Wills Deep Dive
    • Estate Administration
    • Probate Help
    • Calgary Articles
    • Edmonton Articles
    • Vancouver Articles