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Wills & Estates

Does my common-law partner automatically inherit if I die without a will in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

No. Under Ontario's intestacy rules, a common-law partner has no automatic right to inherit from your estate if you die without a valid will. Ontario's intestacy provisions under the Succession Law Reform Act treat "spouse" as a legally married spouse. Common-law partners — no matter how long they have lived together — are not included in that definition for intestacy purposes.

If you die without a will and leave only a common-law partner (and no children), your estate would be distributed to your next of kin under the statutory formula. This could mean your siblings, parents, or even more distant relatives inherit, while the person you lived with and chose as a life partner receives nothing from the estate itself.

A common-law partner may have other legal remedies — such as a dependant's relief claim or an unjust enrichment claim for contributions to property — but these require court proceedings and are uncertain in outcome.

The simplest way to protect your common-law partner is to have a valid will that names them as a beneficiary. Additionally, reviewing joint ownership, beneficiary designations on RRSPs and life insurance, and a possible cohabitation agreement can all provide further protection.

Key takeaways

  • Common-law partners have no automatic inheritance rights under Ontario intestacy rules
  • Only legally married spouses inherit under Ontario's intestacy formula
  • Court remedies exist but are expensive and uncertain
  • A will naming your partner is the most direct and reliable protection
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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