Do Common-Law and Registered Domestic Partners Inherit in Nova Scotia?

Losing a partner is hard enough without discovering that the law may treat your relationship differently from a marriage. If you lived together but never married or registered, your rights when there is no will can be limited.

This article explains how Nova Scotia's Intestate Succession Act treats different partners, what may still come to you, and what steps to consider. Your situation may have details that change the picture, so a lawyer can confirm the position.

This article covers the law of Nova Scotia.

What the Act says about partners

Under the Intestate Succession Act, unmarried common-law partners have no intestacy rights; only married spouses and registered domestic partners count. Living together for many years, however long, does not by itself create a share on intestacy under the Act.

Registered domestic partners count under the Act, so registration matters. If you are unsure whether you or your partner ever registered, confirm that early because the answer changes your position.

If you do count as a spouse or registered partner

If the net estate does not exceed $50,000 and there is a surviving spouse (and issue), it goes to the spouse. Otherwise the spouse takes $50,000 as a charge on the estate with interest from the date of death, plus one-half of the residue if one child, or one-third if more than one child.

The surviving spouse may also take the matrimonial home instead of the $50,000 if it is worth more, or as part of the $50,000 if it is worth less.

If you are an unmarried common-law partner

Not having intestacy rights does not always mean receiving nothing. Some property never passes through the estate. Land held as a joint tenant passes by survivorship without a grant. For assets with a named beneficiary or joint owner, an executor may only need probate if the holder, such as a bank, investment company or insurer, asks for it to prove authority.

Check these items:

• Whether your home was held jointly or in your partner's name alone.
• Joint bank accounts.
• Insurance, pension or investment accounts with a named beneficiary.
• Whether a will, even an older one, exists.

Whether you could bring a claim as a dependant, or a claim based on shared property or contributions, depends on facts and on the statute that applies. A lawyer can tell you whether any such route is open to you.

Who administers the estate, and deadlines to know

Property registered only in the deceased's name cannot be transferred to beneficiaries without court approval, so someone usually has to apply for a grant. On an intestacy the Public Trustee ranks third in priority to administer, after the spouse and resident children, and residents who are heirs, and it searches for heirs. If none are found, funds go to the Department of Finance, and later-appearing heirs can still claim.

Time limits can apply to any claim you might have. An application under the Testators' Family Maintenance Act cannot be brought after six months from the grant of probate (or administration with will annexed), subject to an extension. A survivor's application to divide matrimonial assets must be made within six months after probate or administration is granted. Whether the second rule helps you depends on whether you count as a spouse for that law, which a lawyer should confirm.

Changes to the Act may be proposed, but the rule that unmarried common-law partners have no intestacy rights is the one currently written down.

What to do next

• Find out whether you were married or registered as domestic partners.
• Keep records of how long you lived together and who paid for what.
• List jointly held property and named-beneficiary accounts.
• Ask who has applied, or plans to apply, to administer the estate.
• Note the date of any grant, since deadlines run from it.
• Talk to a lawyer promptly about your options.

Avoid moving out, selling, or signing anything about the estate until you understand your position.

Frequently asked questions