Paula discovered last year that she has a half-sister her mother put up for adoption before Paula was born. The half-sister found their mother through an ancestry search and now wants a relationship with the 83-year-old mother, who lives in British Columbia and does not have a will. The half-sister has made clear she wants no relationship with Paula, and Paula suspects the half-sister is motivated by money. Paula is wondering what rights her half-sister has and what happens if their mother dies without a will.
Intestacy laws in British Columbia
If Paula's mother dies without a will, the estate will be distributed according to British Columbia's intestacy laws. Under the Wills, Estates and Succession Act, if there is no surviving spouse, the estate is divided equally among the deceased's children. This includes children who were adopted out, as adoption does not sever the legal relationship for inheritance purposes in B.C. Therefore, Paula's half-sister would likely share equally in the estate with Paula. However, Paula should confirm this with a local B.C. lawyer, as each province has different estate laws.
Concerns about undue influence and capacity
Paula should be concerned if her mother shows a preference for the half-sister, who may take advantage of any vulnerability. Paula needs to assess her mother's mental capacity, independence, and whether she has powers of attorney. Without personal knowledge of her mother's condition, it may be difficult to prove undue influence if the mother makes a will favoring the half-sister. Paula should consider recommending that her mother make a will, not just to reduce taxes, but to appoint an estate executor who can navigate potential conflicts.
Options for the mother
Paula's mother can decide to include or exclude either daughter in her will. She may also want to leave her estate to grandchildren, which requires a will. Without a will, Paula may not be able to administer the estate if she lives outside B.C., and the half-sister could become the administrator. Paula should consult a lawyer to understand her options and consider checking in with her mother regularly, regardless of the estate size.
This information is no substitute for legal or tax advice. Edward Olkovich is an Ontario lawyer at MrWills.com, certified by the Law Society of Ontario as a specialist in estates and trusts law.
