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Estate Litigation, Radio/Media

What if a parent passes without a Will?

August 19, 2021 by Heidi Taylor

Our Estate Litigation team of lawyers appreciates that this can be very difficult for those individuals involved. We understand the sensitivity of these issues and have the expertise to mitigate and resolve conflicts through Mediation, Litigation or Arbitration. These are often complex, emotional situations, and we pride ourselves on balancing our clients’ legal and personal goals in seeking resolution.

Partner Heidi Taylor hears one frequent question in her meetings with clients: What happens if a parent passes away without a will? She explains.


Last week I was approached by a client who wanted to know what would happen when their parent passed away without a will. This parent had been living with a new spouse but for over two years.

When a relative dies without a will, the government of BC has legislation that determines how their estate is distributed. If they lived with a spouse, the first $300,000 goes to the spouse plus half of the remainder of the estate.
If that doesn't accord with your relatives' wishes, it is really important to prepare a will, so the estate is distributed how they want rather than what the legislation says.

If you need help preparing a will or any questions about your estate plan, please give us a call here at FH&P Lawyers.