Do common-law partners automatically inherit under Canadian intestacy laws?

Only British Columbia, Manitoba, Saskatchewan, and the Northwest Territories extend intestate succession rights to common-law partners meeting statutory cohabitation thresholds; elsewhere a common-law partner with no will receives nothing by default.

Common-law relationships are defined differently for tax, family-law, and succession-law purposes — the same couple can be "common-law" for the CRA and not be "spouses" for estate purposes under their provincial succession statute. What matters for inheritance is how the applicable Wills, Estates and Succession statute of the province of habitual residence defines "spouse."

In British Columbia, two people who have lived together in a marriage-like relationship for at least two years, or who share a child, are spouses for succession purposes and inherit under the intestacy rules. Manitoba, Saskatchewan, and the Northwest Territories use analogous (though not identical) thresholds. In Ontario, Alberta, Québec, and most Atlantic provinces, a common-law partner has no intestate share at all and must bring a dependant's-support or unjust-enrichment claim to receive anything from the estate.

If you cohabit in a province that does not recognise common-law partners for intestacy, a properly drafted will naming your partner is the only reliable mechanism. Combine it with up-to-date beneficiary designations on RRSPs, TFSAs, pensions, and life insurance — those pass outside the estate and are often the cleanest way to provide for an unmarried partner.

Disclaimer: This page is for general education only and is not legal advice. Rules vary by province and change over time; speak with a qualified lawyer about your own circumstances.

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