Does a common-law partner inherit if there is no will in Saskatchewan?
This answer covers the law of Saskatchewan.
Whether a common-law partner inherits automatically when there is no will depends on Saskatchewan's intestacy rules and the facts, so confirm this with a lawyer before assuming either way. Having no will does not mean you have no options.
One option may be a property claim. The Family Property Act treats an unmarried person who has cohabited continuously as spouses for not less than two years as a spouse. Family property is generally distributed equally unless that would be unfair and inequitable. Some property, including inheritances, gifts from third parties and property owned before the relationship, can be exempt. Whether and how that Act applies after a death is worth confirming.
A will works differently. If the person had a will, a gift to a former spouse is revoked on divorce unless the will says otherwise, and for unmarried spouses this happens after they have ceased cohabiting in a spousal relationship for at least 24 months. A will is also not changed by marriage or by two or more years in a spousal relationship. Gather the relationship dates and any documents, then speak with a lawyer.
Key takeaways
- Whether you inherit automatically without a will depends on Saskatchewan's intestacy rules, which are worth confirming with a lawyer.
- The Family Property Act treats an unmarried person who has cohabited continuously as spouses for not less than two years as a spouse.
- Family property is generally distributed equally unless that would be unfair and inequitable.
- If there is a will, a gift to a former spouse is revoked on divorce unless the will says otherwise.