Probably not.
In Ontario a "common law" spouse is not entitled to an automatic inheritance from someone who dies without a will.
So, even if you live with someone for 20 years, if you dies without a will that person does not automatically inherit anything.
A "common law" spouse may be entitled to support from the estate if that spouse can show need. Additionally, a common law spouse may be able to claim an interest in assets that spouse contributed to by money or labour (say a summer cottage built, paid for and used by both partners but held in the name of one partner alone). That said, both these remedies -- a dependant's relief application and a claim for a constructive trust -- are uncertain, take a long time to complete and require litigation.
The better approach, in the event you wish to leave something to a "common law" spouse is to make a will. Most wills can be prepared quickly and (fairly) inexpensively by a lawyer and the cost saved by doing a will is much much less than the cost of litigating after death.
9 comments:
You're simply wrong on this, and I'm surprised.
Under the Family Law Act, s/he's entitled to half of her/his spouse's estate. End of story.
Dr Dawg -- no, it may be that you should be right but that's just not the law. The FLA doesn't give unmarried couple ANY equalization rights -- on death or otherwise. And the SLRA doesn't give any rights to common law spouses. It may not be just but that;s the law as it is now in Ontario.
I see I have to apologize, James, having now dug into this a bit. I must say I'm surprised.
I think the assumption many of us have is that common-law rights are essentially the same as married rights. The SCC really blasted a hole in the Charter with Walsh.
Would a common-law spouse be able to claim a survivor's pension from the deceased cohabitant?
Dr Dawg,
Probably yes -- most pension plans roll over to common law spouses but it depends on the terms of the particular plan.
No need to apologize -- Walsh surprised me.
james
It is good to know that at least in some things marriage still matters to society.
I never understood why governments create laws to "protect" people who choose not to get married in the first place.
Having said that; having a will is always a good idea.
marraige counts for nothing anymore nobody cares about anything
Anon @3:18
Not true! I was married for almost 15yrs before I found out he was cheating on me. Took me a long time to do what I did. I don't regret any of it. I'm grateful how things have turned out for me. I thank God every day for the man I've met since.
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