Dying Without Family
A few articles ago, we discussed what happens when you die without a will (https://touchstonelawgroup.com/no-will-no-plan-no-maam-dying-without-a-will/).
As a refresher, when a person dies intestate (without a will), their relatives inherit in the following order (if they die with no spouse):
- children;
- grandchildren:
- further lineal descendants;
- parents;
- parents’ children (the deceased’s siblings);
- nieces and nephews;
- great-nieces and nephews;
- grandparents;
- grandparents’ children (the deceased’s aunts and uncles);
- cousins;
- great-grandparents; and
- great-grandparents’ children.
What happens, however, if you die without any family members at all?
If someone dies with no intestate successors (anyone that fits in the above list), their estate “escheats” to the provincial Crown under section 23(2)(f) of the Wills, Estates and Succession Act (“WESA”). This means that the assets of the deceased become the property of the government. Many people think that if they die without a will this will occur, even if they have family, however as we can see with the above list that is not the case.
Section 23(4)(b) of WESA allows a person to apply under the Escheat Act for the return of all, or a portion of, the deceased’s property on the basis of a legal or moral claim, or, as a reward for discovering the right of the provincial government to the property.
Author: Jane Otterstrom
This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area of wills and estates at the following:
Jane Otterstrom: jane@touchstone.law