Common-Law Partner Rights When Your Partner Dies in Manitoba

When your common-law partner dies without a will, you may be facing grief, bills and uncertainty about the home you shared. Many people assume that unmarried partners have no rights. In Manitoba, the law treats common-law partners much like spouses in several important ways.

This article explains who counts as a common-law partner, what you receive when there is no will, when you can lose that share, and what separate claim you may be able to make. Every situation turns on its own facts, so use this as a guide to the questions to ask.

This article covers the law of Manitoba.

Who counts as a common-law partner

The Intestate Succession Act defines a common-law partner as someone who registered a common-law relationship with the deceased under s. 13.1 of The Vital Statistics Act, or who lived with the deceased in a conjugal relationship for at least three years, or at least one year if the two of you are together the parents of a child.

If you did not register, you may need to show how long you lived together and what your relationship looked like. Gather things like shared leases, bills, tax records and letters that show the time frame.

What you inherit when there is no will

A surviving common-law partner has the same intestate share as a spouse. If the deceased left no children or other descendants, you take the entire estate. You also take the entire estate if all of the deceased's children are also your children.

If some of the deceased's children are not also yours, your share is the greater of $50,000 or one-half of the estate, plus one-half of whatever remains after that share. The rest goes to the children. Manitoba's government summarizes this as at least 75% for the survivor, with the children sharing at most 25%, and says the survivor takes everything if the estate is $50,000 or less.

When a partner can lose the intestate share

If the relationship had ended, the law may treat you as having died before your partner. For a registered relationship, this applies if it was dissolved by registration before death. For an unregistered relationship, it applies if three years had passed since you began living separate and apart, if an accounting or equalization application was made, or if you had divided your property.

If the deceased had a spouse and one or more common-law partners, the most recent relationship takes priority for intestate purposes, but that does not stop the other partners from applying under The Family Property Act.

A separate claim under The Family Property Act

The equalization and accounting rules that apply when a spouse dies apply equally to common-law partners. Think of it as a way to share the value of what each of you built during the relationship.

• Only the survivor can apply. The personal representative cannot make the application for you.
• The time limit is six months from the grant of probate or letters of administration.
• A court may extend that period for estate property that has not yet been distributed, in limited cases such as when you did not learn of the death in time, the required notice was not served on you, circumstances were beyond your control, or new assets are found after the period ends.
• The personal representative must serve you with a prescribed notice within one month after the grant.
• The representative must not distribute the estate until you consent in writing, the time to apply has passed, or your application is decided.

Any equalization payment is reduced by what you take under The Intestate Succession Act. If there is a will, you may be able to choose between the gift in the will and the equalization claim. The payment is a debt of the deceased and ranks ahead of gifts in the will.

These rules do not apply if the partners divided their assets before death under a spousal agreement, a common-law relationship agreement, or the Act. An earlier agreement does not otherwise bar your rights unless you specifically waived or released them.

What to do next

• Note the date of death and find out whether anyone has applied for probate or letters of administration, since your time limit runs from the grant.
• Collect proof of your relationship, such as a registration, shared address records, and children's birth records.
• Do not sign any consent or release until you understand what you are giving up.
• Keep records of jointly held assets, registered plans and insurance.
• Speak with a lawyer about your share and your deadline.

Frequently asked questions