Many people in British Columbia believe that living together as common law partners automatically gives each person the same legal rights as a married spouse when it comes to inheritance; Unfortunately, that isn’t always the case.
If you and your partner are in a common law relationship, understanding how British Columbia’s estate laws apply to you is an important part of protecting your interests. Whether you have a will, are thinking about creating one, or are dealing with the estate of a deceased partner, knowing your rights can help prevent costly disputes.
What Is a Common Law Relationship In British Columbia?
The term “common law” is commonly used to describe couples who live together in a marriage-like relationship without being legally married.
Under British Columbia’s Wills, Estates and Succession Act (WESA), a person is considered a spouse if they:
Whether a relationship is “marriage-like” depends on the circumstances and may involve factors such as shared finances, living arrangements, commitment, and the nature of the relationship.
Does a Common Law Partner Automatically Inherit?
The answer depends on whether the deceased left a valid will.
If There Is a Valid Will
A person generally has the freedom to decide who inherits their estate. However, in British Columbia, spouses—including qualifying common law spouses—have legal protections.
If a common law partner has been left out of a will or believes they did not receive adequate provision, they may be able to ask the court to vary the will under Section 60 of the Wills, Estates and Succession Act.
When deciding whether to vary a will, the court considers many factors, including:
Every case is unique, and the outcome depends on its specific facts.
What Happens If There Is No Will?
If someone dies without a valid will (known as dying “intestate”), British Columbia’s intestacy rules determine who inherits the estate.
A qualifying common law spouse may inherit some or all of the estate, depending on whether there are children or other surviving relatives.
For example, if there is a surviving spouse and no descendants, the spouse generally inherits the entire estate. Different rules apply if there are children from the relationship or from previous relationships.
Can More Than One Person Be Considered a Spouse?
Yes.
British Columbia law recognizes that, in certain circumstances, more than one person may qualify as a spouse for estate purposes. For example, where spouses have separated but have not legally ended their relationship, or where there are competing claims regarding a marriage-like relationship, determining who qualifies can become legally complex.
These situations often require careful legal analysis and may lead to estate disputes.
Can a Common Law Partner Challenge a Will?
In many cases, yes.
A qualifying common law spouse may have the right to challenge a will if they believe it fails to make adequate provision for their proper maintenance and support.
Will variation claims are subject to strict time limits. Generally, a claim must be started within 180 days from the date probate is granted.
Seeking legal advice promptly is important if you believe your rights may have been affected.
How Can Estate Disputes Be Avoided?
While disputes cannot always be prevented, clear estate planning can significantly reduce uncertainty.
Some helpful steps include:
Even with careful planning, disagreements can arise—particularly in blended families or where the nature of a relationship is disputed.
When Should You Speak With A Lawyer?
Estate matters involving common law relationships can become complicated, particularly when questions arise about whether someone qualifies as a spouse or whether a will adequately provides for them.
If you are involved in an estate dispute or have questions about your legal rights under British Columbia law, obtaining legal advice early can help you understand your options.
Contact Davie & Associates today to schedule a consultation and discuss your situation.
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