What can a common-law partner claim if their partner dies without a will in Ontario?

A surviving common-law partner who is left out of an estate — because there is no will, or because a will leaves them nothing — does not automatically inherit, but Ontario law gives them one real avenue: a dependant's support application under Part V of the Succession Law Reform Act.

To qualify, you generally need to show the deceased was providing you with support, or was under a legal obligation to do so, immediately before death — cohabitation for a period of time, or having a child together, are common ways to establish this. If the claim succeeds, the court can order the estate to pay ongoing or lump-sum support out of assets that would otherwise go to named beneficiaries or next of kin under intestacy.

The claim has a hard deadline: it generally must be brought within six months of the estate trustee's appointment (the grant of probate or administration), though the court retains limited discretion to extend that in some circumstances. Courts weigh the length of the relationship, your financial needs, your contributions to the household, and the size of the estate.

A dependant's support claim is litigation with real cost and uncertainty — it is not a substitute for being named in a will. If you were financially dependent on a partner who has died, speak with a wills and estates lawyer promptly given the short deadline.