When someone dies without a will

Myth or fact?

If I die without a will, my family gets to decide how to split my estate.

If someone dies without a will, they’re said to have died intestate. Those left behind may feel they have no guidance on what to do with the deceased’s property. But the law determines how it will get distributed, and who has the right to settle the estate.

What you should know

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Reviewed for legal accuracy by

Stephen Hsia, Miller Thomson

Stephen Hsia

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This website explains in a general way the law that applies in British Columbia, Canada. The information is not intended as legal advice. The cases we refer to reflect real experiences, but names have been changed. See our full disclaimer.

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