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

Only if the relationship meets the qualifying threshold. Under the Succession Law Reform Act, a common-law spouse who has cohabited continuously for at least three years, or who was in a permanent relationship and has a child with the deceased, may share in the estate if there is no will. If that threshold is met, the surviving common-law partner can 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.