Can a cohabitation agreement address what my common-law partner receives if I die in Ontario?

A cohabitation agreement can include provisions addressing what happens on death — for example, confirming that each partner retains their own separately held property and that the surviving partner has no claim on the deceased partner's estate beyond what the deceased's will provides. It can also include mutual obligations, such as a commitment to maintain a life insurance policy in the other's favour.

However, a cohabitation agreement cannot override the Succession Law Reform Act's dependant's relief provisions. Under Ontario law, a dependant — including a qualifying common-law partner — may apply to the court for support from the estate if they were financially dependent on the deceased and the will does not provide adequate support. A cohabitation agreement that purports to waive this right completely may be set aside to the extent needed to remedy genuine financial need.

The most reliable way to address what your common-law partner will receive on your death is through your estate plan — a properly drafted will, beneficiary designations on registered accounts, and joint ownership where appropriate. Your estate lawyer and family lawyer should coordinate these documents with any cohabitation agreement to ensure your overall plan is consistent and accounts for the dependant's relief risk.