In our previous article, we discussed how the Wills, Estates and Succession Human activity (WESA) sets out a mandatory distribution scheme for estates when an individual dies without a will. In this commodity, we discuss what happens to the guardianship and inheritance of your minor children, if you lot die without a will.

Guardianship of Pocket-sized Children

Under British Columbia'south Family Law Deed, at that place is a distinction between a "parent" and a "guardian". In many cases, a child's parents are also the child'south guardians, however, that is not necessarily the case. Post-obit a divorce, for example, one parent may become a child's sole guardian, while the other parent will give upwards or lose his or her guardianship rights and responsibilities by Court Order.

  • If a child has ii parents and both are the kid'south guardians, and if one of those parents/guardians dies without a volition or without having made a guardian appointment, the surviving parent/guardian will have all parental responsibilities with respect to the kid.
  • If a child has two parents and merely one is the child's guardian, and if the non-guardian parent dies without a will, there will be no change fabricated to the guardianship of the child.
  • If a kid has two parents, and only one is the child's guardian, and if the guardian parent dies without a will or without having made a guardian engagement, the surviving non-guardian parent volition not automatically get the guardian of the child.
  • Whenever a child's sole guardian dies without a will or without having made a guardian date, the Public Guardian and Trustee (the PGT) will become responsible for the child'due south financial and legal diplomacy, and the Ministry of Children and Family Evolution will get responsible for the child's living arrangements, health, and education.

It is possible for your kid's surviving parent or another family member to apply to Court to become the guardian of your minor child. Such applications could be plush, and may or may not exist successful.

Note: the spouse of a minor child's guardian does not have any rights with respect to the minor child, except past Court Society (such as with an adoption). For blended families, it is possible that a small-scale kid could be separated from his or her step-parent or step-siblings, if their step-parent was not a guardian of the minor child, and the minor child's parent/guardian dies without a will or without having made a guardian appointment.

Inheritances of Minor Children

The age of majority in British Columbia is 19.

Minor children do not receive access to their inheritances right abroad - their shares are held in trust until they achieve the age of xix. The Public Guardian and Trustee of British Columbia (the PGT) is appointed, by default, the trustee of minor children's trusts. This ways that your spouse and/or your children would need to enquire the PGT to corroborate withdrawals from the trust to comprehend expenses like wear, education, sports involvement, vacations, etc. The PGT may or may not approve those requests.

It is possible for your spouse or another family member to apply to Court to become the trustee of your modest children's trusts, or to challenge the PGT's denial of whatsoever requests. Such applications could exist costly, and may or may not be successful.

Adult children (those nineteen years of age or older) will receive their share outright (and previously minor children will receive their share from trust equally soon as they turn 19 years of historic period). Some feel that a 19 year erstwhile should non have unrestricted admission to sudden large gifts, simply that is what would happen if you die without a will.

Why Create a Will?

While it may be comforting to know that in that location is a procedure to distribute your assets if yous die without a will, many decide to "override" the default scheme by preparing a will that will distribute their estate in a different fashion - i more in line with their wishes.

With a will, you lot can:

  • Designate who is to be the guardian of your modest children;
  • Prevent all, or a large portion, of your manor from being held in trust for your minor children;
  • Set the age(due south) at which your children volition receive their inheritance (perchance delay the distribution until historic period 25, for example);
  • Designate your spouse or another trusted person to be the trustee for any trust funds for your minor children, instead of the PGT; and
  • Save your spouse (or other family members) from having to spend coin unnecessarily on legal fees for Courtroom applications to become the guardian of your minor children, to become the trustee of your pocket-sized children'southward trusts, or to challenge the PGT'due south deprival of any requests for reimbursement from the trusts.

The content of this article is intended to provide a general guide to the bailiwick thing. Specialist communication should exist sought about your specific circumstances.