Wills for Common-Law Couples in Canada

Last updated October 7, 2026 · 2 min read
Quick answer
Common-law couples need wills more urgently than married couples — Canadian provincial intestacy rules treat common-law partners differently. In some provinces (BC, Saskatchewan, others) common-law partners are treated similarly to spouses for intestacy. Without a will, the common-law partner may inherit nothing while estranged biological family inherits everything. A valid will can reduce intestacy risk for the partner, but omitted assets, invalidity, family-support claims, and assets passing outside the estate may still affect the result.

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 partner status may arise through qualifying cohabitation, having a child together in a relationship of interdependence, or an agreement; registration is not required in every case. A qualifying partner may inherit under intestacy law.[4][5]

Atlantic provinces. Atlantic jurisdictions differ: some recognize particular unmarried partners for specified purposes, while others provide different or more limited remedies. Check the local intestacy and support statutes.[6]

Most critical jurisdiction.

A valid will can reduce intestacy risk, but omitted assets, invalidity, family-support claims, and assets passing outside the estate may still affect the result.[7][2]

What common-law couples should do

Have a will. Most important step. Name the partner as primary beneficiary (or per chosen structure). Reduces 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 ownership with a right of survivorship for the family home and accounts may transfer legal title on death, but the beneficial ownership result can depend on the parties' intention and the circumstances of the transfer.[8]

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.

Citations & sources

  1. [1]Canadian Bar Association — Wills, Estates and Trusts Section - Canadian Bar Association
  2. [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. [3]The Intestate Succession Act, CCSM c I85, s 1(1) — common-law partner definition - Government of Manitoba
  4. [4]Adult Interdependent Relationships Act, SA 2002, c A-4.5, s 3 — when a person is an adult interdependent partner (Alberta) - Alberta King's Printer
  5. [5]Wills and Succession Act, SA 2010, c W-12.2, ss 60–61 — intestate share of a spouse or adult interdependent partner (Alberta) - Alberta King's Printer
  6. [6]Vital Statistics Act, RSNS 1989, c 494, s 54 — rights of registered domestic partners (Nova Scotia) - Nova Scotia Legislature
  7. [7]Succession Law Reform Act, RSO 1990, c S.26 — partial intestacy (s 44), beneficiary designations (s 51), dependants' support (s 58) (Ontario) - Government of Ontario
  8. [8]Pecore v. Pecore, 2007 SCC 17 — joint accounts, right of survivorship and the transferor's intention - Supreme Court of Canada
  9. [9]The Intestate Succession Act, 2019, SS 2019, c I-13.2, s 2 — definition of spouse (Saskatchewan) - Publications Saskatchewan — Government of Saskatchewan
  10. [10]Family Law Act, SBC 2011, c 25, ss 92–93 — agreements respecting property division (British Columbia) - BC Laws — King's Printer

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 valid will can reduce this risk, but omitted assets, invalidity, family-support claims, and assets passing outside the estate may still affect the result.

Which provinces treat common-law partners like spouses?

Some jurisdictions give qualifying unmarried partners intestacy rights, but definitions and qualifying periods vary. Check the law where the deceased was domiciled and the particular relationship facts. 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. A valid cohabitation agreement may address specified property and support issues, subject to provincial law; it does not replace a will or beneficiary designation. Will governs inheritance at death. Both work together for common-law couples.

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