Does a Common-Law Partner Inherit Without a Will in Nova Scotia?

Losing a partner is hard enough without finding out there is no will. If you were not married, you may be worried that you have no right to the home you shared, the bank accounts, or anything else your partner left behind.

How an estate is handled when there is no will depends on the legislation that applies and on your family situation, so it is worth confirming with a lawyer. Whether an unmarried partner is treated like a spouse is a legal question that depends on your exact situation. This page explains how to think about it and what other options may exist.

This article covers the law of Nova Scotia.

Why having no will makes your legal status so important

When someone dies without a will, this is called dying intestate. Instead of following your partner's wishes, the law decides who is entitled to inherit.

Because of that, your legal status in relation to your partner can matter a great deal. How the law treats you, whether you were married or living together without marrying, depends on your situation, so it is worth confirming with a lawyer.

Married, registered, or neither

A surviving partner may be in one of a few different situations, and each can lead to a different result. A lawyer can confirm which one fits you.

• Married spouses: your marriage is a legal status, and how it affects the estate depends on your situation, so it is worth confirming with a lawyer.
• Registered partners: if you believe you and your partner registered your relationship, look for any paperwork and ask a lawyer how it applies to you.
• Partners who never registered: whether living together as a couple gives you rights in the estate depends on your situation, so it is worth confirming with a lawyer.

If you are unsure which situation applies to you, ask a lawyer to help you check before you assume anything either way.

Other options if you are not entitled to inherit

Not inheriting under the intestacy rules does not always mean you are left with nothing. Several other routes may be worth looking at, depending on the facts.

• Possible claims: whether you can bring a financial claim against the estate based on your relationship depends on your situation, so it is worth confirming with a lawyer. Whether such a claim is available, and the deadlines that apply, are questions to put to a lawyer promptly.
• Assets that pass outside the estate: some property may go directly to you, for example where an account or insurance policy names you as beneficiary, or where property was owned jointly. This depends on the documents, so gather them.
• Your own property: gather any records that show what you owned, paid for or brought into the home, and confirm with a lawyer how they apply to your situation.
• Support for children: if you have children with your partner, other legal rights and obligations may apply to them, and those are handled separately from your own claim.

Where estate disputes are heard and how to cover the cost

The older Family Court guide says the Family Court does not deal with disputes about family property or estates, and that those belong to the Supreme Court. Since the Supreme Court (Family Division) now handles family law matters under Rule 59 of the Civil Procedure Rules, it is sensible to confirm with a lawyer which court and which process applies to your situation.

If cost is a concern, Nova Scotia Legal Aid has financial eligibility rules. An applicant can qualify by receiving benefits under the Social Assistance Act or the Employment Support and Income Assistance Act, or if paying for services outside the plan would reduce their income enough to qualify, and the Commission may require a contribution. The Commission can also find someone eligible despite higher income where retaining a lawyer would cause undue financial hardship. Legal aid family coverage is described in terms of matters such as the Parenting and Support Act, Divorce Act and Children and Family Services Act, so ask whether your particular estate question is covered.

If legal aid is refused, suspended or withdrawn, you can appeal to the Commission by written request for review.

What to do next

• Find out whether a will exists anywhere, including with a lawyer, a bank or among your partner's papers.
• Gather proof of your relationship, such as any registration, shared leases, joint accounts, bills and tax filings.
• List the assets and note how each is held: in your partner's name alone, jointly, or with a named beneficiary.
• Do not give away, sell or clear out property until you understand your position.
• Speak with a lawyer soon, because claims against an estate can be subject to deadlines.

Frequently asked questions