What happens to my common-law partner if I die without a will in Ontario?

In Ontario, a common-law partner has no automatic right to inherit from your estate if you die without a will. The intestacy rules in the Succession Law Reform Act only give automatic inheritance rights to married spouses and biological or adopted children. A common-law partner — regardless of how long you have lived together — is not included.

This is one of the most important differences between marriage and common-law relationships in Ontario estate law. Many people are surprised to learn that a partner of 20 years has no legal claim on an intestate estate simply because they were never legally married.

A common-law partner left out of an estate may be able to bring a dependant's relief claim if they were financially dependent on the deceased. However, this requires a court application, and the outcome is not guaranteed. It is also a far more stressful and expensive route than simply having a valid will in place.

If you are in a common-law relationship, making a will that names your partner is the most reliable way to protect them. You should also review beneficiary designations on RRSPs, TFSAs, pensions, and life insurance, since those assets pass outside the estate and can be directed to your partner directly.