Do Common Law Spouses Inherit in Ontario?

Understanding the Rights of Common Law Partners

Many people assume that common law spouses possess the same inheritance rights as married spouses. In Ontario, this is not necessarily the case.

When a married person dies without a valid Will, Ontario's intestacy laws generally provide the surviving spouse with significant rights to share in the estate. However, these automatic inheritance rights do not ordinarily extend to common law spouses.

As a result, if a person dies without a Will, a surviving common law spouse may discover that they are not automatically entitled to inherit from the deceased's estate, regardless of how long the couple lived together.

This often comes as a surprise to individuals who have shared a home, raised children, or otherwise lived together in a marriage-like relationship for many years.

That does not mean that common law spouses have no legal rights.

Depending upon the circumstances, a surviving common law spouse may be entitled to pursue certain claims against the estate. For example, a common law spouse who was financially dependent upon the deceased may have the right to bring a dependant support claim seeking financial support from the estate.

In addition, some assets may pass directly to a surviving common law spouse outside of the estate itself. Jointly owned property with a right of survivorship, designated beneficiaries on registered plans or insurance policies, and certain other estate planning arrangements may allow assets to transfer directly to the surviving partner.

Proper estate planning is therefore particularly important for common law couples.

A carefully prepared estate plan can help ensure that your partner is provided for in accordance with your wishes and may reduce the risk of uncertainty, delay, or costly estate litigation after death.

Many common law couples mistakenly assume that they are adequately protected because they have lived together for many years. Unfortunately, this assumption can lead to unintended and sometimes devastating consequences.

If you are in a common law relationship, it is important to review your estate plan to ensure that your wishes are clearly documented and that appropriate arrangements have been made for your partner.

If you would like assistance preparing or reviewing your estate plan, please book your FREE CONSULT with Tonelli Estate Law today.

***This article is for general informational purposes only and does not constitute legal advice***