Does a Separated Spouse Still Inherit If There Is No Will in BC?
This answer covers the law of British Columbia.
It depends on whether the two of you had stopped being spouses under the law before the death. Married spouses stop being spouses if an event occurs that causes an interest in family property to arise under the Family Law Act, such as separation. Unmarried partners stop being spouses when one or both of them end the relationship.
The test is applied at the date of death. An unmarried partner counts as a spouse only if the marriage-like relationship lasted at least 2 years. Reconciliation can change the result: spouses are not treated as separated if, within one year after separating, they resume living together primarily to reconcile and live together for periods totalling at least 90 days.
If the surviving person is no longer a spouse, the estate goes to others. With no spouse, it goes first to the deceased's descendants, then to parents, then to siblings and their descendants, then to grandparents and great-grandparents. How a separation agreement affects this is not something to assume, so a lawyer can confirm it for your situation. Gather dates of separation, any written agreements and proof of where each person lived.
Key takeaways
- Whether you count as a spouse is decided at the date of death.
- Married spouses stop being spouses when an event such as separation gives rise to an interest in family property under the Family Law Act, and unmarried partners stop when one or both end the relationship.
- Spouses are not treated as separated if, within one year, they resume living together primarily to reconcile for periods totalling at least 90 days.
- If there is no surviving spouse, the estate goes first to the deceased's descendants, then to parents, siblings and their descendants, then to grandparents and great-grandparents.