Wills for Common-Law Couples in Canada
For Canadian common-law couples, the urgency of having a will is greater than for married couples. Provincial intestacy rules treat common-law partners inconsistently — and in some provinces, the partner gets nothing without a will.
The provincial picture
BC. Common-law partners (after 2 years in a marriage-like relationship, per WESA s. 2) treated similarly to married spouses for inheritance.[2]
Saskatchewan. Similar protections for common-law partners.
Manitoba. Common-law partners after registered relationship, 3 years' cohabitation, or 1 year with a child together generally have spousal-like intestacy rights.[3]
Ontario. Common-law partners have NO automatic inheritance rights under intestacy. May have dependant's relief claims. Will needed.
Alberta. Adult Interdependent Partners (formal designation) have some spousal-like rights; informal common-law have more limited rights.
Atlantic provinces. Varying treatment; generally limited rights for common-law partners.
Most critical jurisdiction.
In all provinces, a will eliminates the intestacy question — the partner inherits per the will regardless of intestacy default.
What common-law couples should do
Have a will. Most important step. Name the partner as primary beneficiary (or per chosen structure). Removes intestacy risk.
Update beneficiary designations. RRSP/RRIF/TFSA/insurance — name the partner explicitly. These pass outside the will and outside intestacy.
Consider joint property. Joint tenancy with right of survivorship for the family home and accounts ensures automatic transfer at death.
Cohabitation agreement. Useful for clarifying property rights during relationship and at separation.
Update Powers of Attorney. Name the partner as POA for property and personal care if appropriate.
Address children's inheritance. If either partner has children from previous relationships, blended-family considerations apply (see blended families article).
What to watch for
Family of origin disputes. Without a will, intestacy may give the estate to estranged biological family rather than partner. Will prevents this.
Joint property complications. Some assets may need explicit estate planning even if jointly held (Pecore-style adult-child joint accounts; complex business interests).
Insurance designations. Critical for common-law couples because insurance passes outside the will and ensures partner protection.
What we focus on at It's Simple Will
The will questionnaire supports common-law couples with the same options as married couples. The provincial-specific drafting reflects each province's rules.
Related guides
Citations & sources
- [1]Canadian Bar Association — Wills, Estates and Trusts Section — Canadian Bar Association
- [2]Wills, Estates and Succession Act, SBC 2009, c 13, s 2 — definition of spouse (2-year marriage-like relationship) — BC Laws — King's Printer
- [3]The Intestate Succession Act, CCSM c I85, s 1(1) — common-law partner definition — Government of Manitoba
Frequently asked questions
Why is having a will more critical for common-law couples?
Provincial intestacy rules treat common-law partners inconsistently across Canada. Some provinces give common-law partners similar rights to married spouses; others give them limited or no automatic rights. Without a will, the partner may inherit nothing in some provinces. A will eliminates this risk.
Which provinces treat common-law partners like spouses?
Generally — BC, Saskatchewan, Manitoba treat common-law partners similarly to married spouses for many estate purposes. Other provinces have more limited rights. Specific provincial intestacy treatment varies; rules also vary by length of relationship in some provinces.
What about the family home if not jointly owned?
Without joint ownership and without a will leaving the home to the surviving partner, the home passes per intestacy — which may not give it to the common-law partner. The surviving partner could be required to leave the home. Plan for this — through joint ownership, will, or both.
Should we marry instead?
Personal choice. Marriage provides more automatic legal protections in most provinces. But many couples prefer not to marry; the alternative is robust planning (will, beneficiary designations, cohabitation agreement, joint property).
What about cohabitation agreements?
Useful complement to will. Cohabitation agreement governs property division during the relationship and at separation. Will governs inheritance at death. Both work together for common-law couples.