Does my common-law partner automatically inherit if I die without a will in Ontario?
No. Under Ontario's intestacy rules in the Succession Law Reform Act, a common-law partner — someone you lived with but were not legally married to — does not have an automatic right to inherit from your estate if you die without a will. Only a legally married spouse is entitled to an inheritance under the intestacy formula.
This is one of the most significant differences between married and unmarried partners in Ontario estate law. A surviving common-law partner left without inheritance rights may be able to bring a dependant support claim against the estate if they were financially dependent on the deceased, but this is a litigation process with no guaranteed outcome, and the claim must be commenced within six months of probate.
The straightforward solution is to make a valid will that expressly leaves your estate — or the portion you choose — to your common-law partner. You can also name them as beneficiary on registered accounts and life insurance. Without a will and beneficiary designations, your assets may pass to relatives you had not intended to benefit.
Key takeaways
- Common-law partners have no automatic inheritance rights under Ontario's intestacy rules.
- Only legally married spouses inherit under the intestacy formula.
- A dependant support claim is possible but is litigation, not a guaranteed right.
- A will and updated beneficiary designations are the reliable solution.