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Wills & Estates

Does my common-law partner automatically inherit if I die without a will in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

No. Under Ontario's intestacy rules, a common-law partner has no automatic right to inherit your estate, regardless of how long you have lived together. The Succession Law Reform Act defines "spouse" for intestacy purposes as a legally married spouse. A partner who is not legally married to you is not recognized as a spouse under these rules.

This is one of the most important distinctions in Ontario estate law. Even a partner of many years, with whom you share a home and children, will receive nothing from your estate under intestacy rules. Your estate would instead pass to your children, parents, or other relatives according to the statutory formula.

Your common-law partner may have other legal claims — such as a dependant's support application or an unjust enrichment claim — but these are uncertain, costly, and time-consuming. Making a will that names your partner as a beneficiary is the only reliable way to ensure they inherit.

Key takeaways

  • Common-law partners are NOT recognized as spouses under Ontario intestacy rules.
  • Your estate passes to relatives, not your common-law partner, without a will.
  • A partner may pursue other legal claims, but these are uncertain and expensive.
  • A will naming your partner is the only dependable solution.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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