Can a Common-Law Spouse Make a Wills Variation Claim in BC?

This answer covers the law of British Columbia.

You can if you count as a spouse under the Wills, Estates and Succession Act (WESA), and a common-law partner who lived with the will-maker in a marriage-like relationship for at least 2 years does. Only a spouse or child can bring a wills variation claim.

Spousal status is generally judged as of the date of death. A marriage-like relationship stops counting once one or both people end it, so a former partner whose relationship ended before the death cannot claim as a spouse. If you were married instead, you stop being a spouse for WESA purposes when an event such as separation occurs, but spouses are not treated as separated if, within one year, they resume living together mainly to reconcile for periods totalling at least 90 days.

If you qualify, the court may order the provision it thinks adequate, just and equitable when the will does not adequately provide for your maintenance and support. The claim must be started within 180 days from the date the grant is issued in British Columbia. Whether you qualify depends on your relationship's history, so a lawyer can confirm the details before the deadline passes.