Common-Law Partners and Inheritance in Ontario: What You Must Know

Many couples live together for years — sharing a home, finances, and a life — and assume that if something happened to one of them, the other would be taken care of. In Ontario, that assumption can be catastrophically wrong. Under provincial estate law, common-law inheritance rights in Ontario are not what most people expect: without a will, a surviving common-law partner can be left with nothing from their partner's estate. Not a reduced share. Nothing.

This is one of the starkest legal gaps facing couples in Ontario today, and it catches people off guard precisely because it feels so counterintuitive. You've built a life together. The law, at least in this corner, does not recognize that automatically.

Here is what you need to know — and what you can do about it.

The Core Problem: Intestacy Law Does Not Protect Common-Law Partners

When someone dies without a will, they are said to die intestate. Ontario's Succession Law Reform Act sets out who inherits the estate in that situation, working through a hierarchy of relatives — spouse, children, parents, siblings, and so on.

The critical detail: as of writing — verify current rules — the Act defines "spouse" for intestacy purposes as someone who was legally married to the deceased, or who had entered into a valid marriage. Common-law partners, no matter how long they lived together or how intertwined their lives were, do not meet that definition for intestacy purposes.

This means that if your common-law partner dies without a will, their estate does not automatically flow to you. It flows to their legal next of kin — which could be adult children from a previous relationship, parents, or siblings — people who may be estranged, or who you have never met.

Your partner's family home, savings, personal property, and investments could all pass to someone else entirely, even if you shared that home for decades.

Married Spouse vs. Common-Law Partner: Side by Side

The contrast between married and common-law spouses under Ontario estate law is sharp. Here is how the two situations differ when a partner dies without a will:

Married spouse

• Recognized as "spouse" under the Succession Law Reform Act for intestacy
• Entitled to a preferential share of the estate before other heirs
• Can make an equalization claim under the Family Law Act as an alternative to taking under the estate
• Has significant, built-in legal protections even without estate planning

Common-law partner

• Not recognized as "spouse" for intestacy purposes (as of writing — verify current rules)
• Receives no automatic share of the estate
• Cannot make a Family Law Act equalization claim
• May have a dependant's relief claim if financially dependent on the deceased (see below)
• Is otherwise treated as a legal stranger to the estate

The difference is not subtle. It is the difference between inheriting and inheriting nothing.

What a Common-Law Partner Can Claim

The picture is not entirely without recourse. The Succession Law Reform Act includes provisions for dependant's relief — a mechanism that allows certain people who were financially dependent on the deceased to apply to the court for support from the estate, even if the deceased left no provision for them in a will (or left no will at all).

A surviving common-law partner who was dependent on the deceased may be eligible to make a dependant's relief claim. Courts look at factors like the nature of the relationship, the length of cohabitation, the financial circumstances of both parties, and whether the estate adequately provides for the claimant's needs.

This is not a guaranteed inheritance. It is a court process, and the outcome depends on the specific facts of the situation. Litigation is costly, emotionally draining, and uncertain — especially if the deceased's family contests the claim. A dependant's relief claim is a safety net of last resort, not a plan.

What Bypasses the Estate Entirely

Here is the good news: several important assets can pass directly to a named beneficiary, completely outside the estate — and outside intestacy rules. If you name your common-law partner as beneficiary on these accounts and policies, those assets go to them regardless of whether a will exists:

• Registered accounts (RRSPs, RRIFs, TFSAs) — name your partner as the designated beneficiary on the account forms
• Life insurance policies — the named beneficiary receives the payout directly from the insurer
• Pensions — many workplace and government pensions allow you to designate a survivor benefit recipient
• Jointly owned property — real estate or accounts held in joint tenancy pass by right of survivorship to the surviving owner, outside the estate

These designations are powerful tools, but they only work if you actually complete them and keep them current. An outdated beneficiary form — naming an ex-partner, a deceased parent, or no one at all — can derail even the best intentions.

Joint Ownership and Right of Survivorship

If you and your partner own property jointly as joint tenants (rather than as tenants in common), the surviving owner automatically inherits the other's share when they die. This happens by operation of law, not through the will or the estate. For many common-law couples, jointly titling the family home is one of the most important steps they can take.

The Real Lesson: You Cannot Rely on Default Rules

Ontario's default estate rules were not designed with common-law couples in mind. The law has evolved in many areas, but the intestacy gap remains (as of writing — verify current rules). Waiting to "get around to" a will is a risk that falls entirely on the partner who survives.

Every common-law couple in Ontario should have three things in order:

1. A will — that clearly names your partner and reflects how you want your estate distributed
2. Powers of attorney — for property and personal care, so your partner can act for you if you are incapacitated
3. Beneficiary designations reviewed — RRSPs, TFSAs, life insurance, and pensions should all name your partner, and should be reviewed after any major life change

This is not complicated estate planning. It is foundational protection for the person you have chosen to build your life with.

Frequently asked questions