- Under Ontario's Succession Law Reform Act, only a legally married spouse has automatic inheritance rights when someone dies without a valid will.
- A common-law partner left out entirely isn't necessarily left with nothing — they may be able to bring a dependant's support claim against the estate under Part V of the Succession Law…
- Beneficiary designations override intestacy entirely, because these specific assets pass directly to whoever is named rather than through the estate and its default distribution rules.
If you're in a common-law relationship in Ontario and you don't have a will, you might assume your partner would automatically inherit from you the same way a married spouse would. They wouldn't — and this gap catches people off guard more often than almost any other estate-planning misconception.
Understanding the difference between common-law spouse beneficiary designations and Ontario's intestacy rules is one of the most important lessons for unmarried couples, because the fix is genuinely simple — but only if you act on it.
Below is what the law actually says, and what to do instead of relying on it.
The Core Problem: Intestacy Doesn't Recognize Common-Law Partners
Under Ontario's Succession Law Reform Act, only a legally married spouse has automatic inheritance rights when someone dies without a valid will. A common-law partner has no automatic right to inherit under those default rules, regardless of how long the relationship lasted, whether you owned a home together, or how the two of you presented yourselves publicly.
The Fallback Option: A Dependant Support Claim
A common-law partner left out entirely isn't necessarily left with nothing — they may be able to bring a dependant's support claim against the estate under Part V of the Succession Law Reform Act, but only if they meet that Part's specific definition of "spouse," which is different from how the term is used elsewhere. This is a court claim, not an automatic entitlement, and it comes with a strict deadline — generally within six months of the grant of probate or administration, though a court has some discretion to allow a later claim against any part of the estate not yet distributed. As of mid-2026, confirm current timing with a lawyer quickly, since deadlines like this are strictly enforced and the outcome of any claim is never guaranteed.
The Direct Fix: Naming Your Partner as a Beneficiary
Beneficiary designations override intestacy entirely, because these specific assets pass directly to whoever is named rather than through the estate and its default distribution rules. Assets commonly handled this way include:
- RRSPs, RRIFs, and TFSAs with your partner named directly
- Life insurance policies naming your partner
- Employer group benefits and pension death benefits, where a designation is permitted
- Property or accounts held in genuine joint ownership with a real right of survivorship, not merely convenience
Why a Will Still Matters Even With Designations in Place
Designations only cover the specific assets attached to them. Anything else you own — without a named beneficiary and without a genuine survivorship co-owner — still passes according to a will, or, without one, according to intestacy rules that don't recognize your partner at all. A will can also appoint your partner as estate trustee, name guardians for children, and direct the rest of your estate the way you actually intend, rather than leaving gaps for a court to fill later.
Comparison: Married Spouse vs. Common-Law Partner on Intestacy
| Married Spouse (no will) | Common-Law Partner (no will) | |
|---|---|---|
| Automatic inheritance under the SLRA | Yes | No |
| Preferential share off the top of the estate | Yes, where there are also surviving children | Not available |
| Possible claim if left out | Not applicable — already has automatic rights | A dependant support claim only, if eligible, within a strict deadline |
| Most reliable protection | A will (recommended regardless) | A will together with direct beneficiary designations |
Frequently asked questions
How long do we have to live together before my partner counts as "common-law"?
There isn't one simple test. Eligibility for a dependant support claim depends on meeting a specific legal definition that looks at factors like the length and nature of the relationship, and can also turn on whether the couple has a child together. Because this is fact-specific, speak with a lawyer about your particular situation rather than assuming a fixed number of years applies.
Does naming my common-law partner as a beneficiary override my will?
For that specific asset, generally yes — a valid beneficiary designation on a registered plan or insurance policy typically takes priority over conflicting instructions in a will.
What happens to our home if we own it together?
How the home passes depends heavily on how title is actually held and whether it reflects a genuine joint tenancy with survivorship. Get legal advice to confirm your specific ownership structure rather than assuming.
Can we just write our own agreement instead of getting a will?
A private agreement between partners doesn't replace a will or override the intestacy rules for assets without a designation attached to them. A validly executed will remains the most reliable way to make sure your estate passes the way you actually intend.
This is a wills & estates question
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