Legal Question in Family Law in Canada

Re: When a person dies without a will what are the procdure's

In British Columbia, the common law partner of the questioner's son is a "spouse" within the meaning of the Estate Administration Act, and is the person first entitled to be granted administration of the estate, under section 6 of that Act.

As the questioner's son did without a will, then sections 83 - 90 of that Act provide for who will inherit the estate. If there was no other spouse (i.e. th deceased was not separated from but legally married to someone else) at the time of his death, and the deceased had no children, the whole of his estate goes to his spouse; if the deceased had children, whether with his common-law spouse or not, then there is a division between the spouse and children of the deceased.

Not only is it legal for the common-law spouse to apply for a grant of administration, it is normally viewed as entirely appropriate for the common-law partner, who is as noted, a "spouse" to apply, but the mother of the deceased may also apply and let the court decice who should have the grant of administration.

Re: When a person dies without a will what are the procdure's

In British Columbia, the common law partner of the questioner's son is a "spouse" within the meaning of the Estate Administration Act, and is the person first entitled to be granted administration of the estate, under section 6 of that Act.

As the questioner's son did without a will, then sections 83 - 90 of that Act provide for who will inherit the estate. If there was no other spouse (i.e. th deceased was not separated from but legally married to someone else) at the time of his death, and the deceased had no children, the whole of his estate goes to his spouse; if the deceased had children, whether with his common-law spouse or not, then there is a division between the spouse and children of the deceased.

Not only is it legal for the common-law spouse to apply for a grant of administration, it is normally viewed as entirely appropriate for the common-law partner, who is as noted, a "spouse" to apply, but the mother of the deceased may also apply and let the court decice who should have the grant of administration.