Whether or not a parent died leaving a spouse has major implications for the inheritance of the deceased’s children. WESA defines “spouses” as married people or people living in a “marriage-like relationship” for at least two years. That means your parent’s common law partner https://onyxlaw.ca/common-law-in-bc/ is entitled to household furnishings and a preferential share of your parent’s estate as discussed above if your parent dies without a Will.
There can be more than one surviving spouse on intestacy. Your parent can leave behind both a lawfully married spouse and a common law spouse. https://onyxlaw.ca/estate-of-bc-biker-divided-between-his-wife-and-secret-common-law-spouse/ If your parent dies intestate leaving two or more spouses, section 22 of WESA applies:
22 (1) If 2 or more persons are entitled to a spousal share of an intestate estate, they share the spousal share in the portions to which they agree, or if they cannot agree, as determined by the court.
(2) If 2 or more persons are entitled to apply or have priority as a spouse under this Act in respect of an intestate estate, they may agree on who is to apply or who is to have priority, but if they do not, the court may make the decision.
Essentially, WESA section 22 requires surviving spouses to split the spousal share. If they can’t come to an agreement as to how the share should be split, the court will decide for them.