Does a common-law partner inherit automatically if their partner dies without a will in Ontario?

No — length of cohabitation does not change this. Under the Succession Law Reform Act, a common-law spouse never automatically shares in the estate when there is no will — the intestacy rules cover married spouses only. A common-law partner who cohabited continuously for at least three years, or was in a relationship of some permanence with a child together, can instead apply to the court as a "dependant" for support from the estate — a different, support-based claim from the automatic share a married spouse receives under the intestacy rules.

However, the statutory share available to a surviving common-law spouse on intestacy does not automatically equal what a married spouse would receive, and the process requires an application to the court. If the qualifying period is not met, the surviving partner receives nothing under the intestacy rules regardless of how long they lived together.

This risk makes estate planning especially urgent for common-law couples. A properly drafted will ensures your partner inherits as you intend, without relying on court applications or meeting threshold tests. A family lawyer or estates lawyer can help you prepare a will that reflects your wishes.