- A common-law spouse does not inherit under the Succession Law Reform Act when there is no will, but may still bring a dependant support claim.
- For a dependant support claim, unmarried partners can qualify if they cohabited for three years or had a child together in a relationship of some permanence.
- The usual deadline is six months after the grant of probate or letters of administration, and the estate generally cannot be distributed once notice of a claim is served.
When a common-law partner dies, many survivors assume the estate will look after them. In Ontario, that is often not how it works. If there was no will, an unmarried partner does not inherit under the intestacy rules, and a will may leave a partner very little.
The law does give some survivors another path: a dependant support claim under the Succession Law Reform Act (SLRA). This article explains who can bring one, the deadline, and what the court looks at. Your facts matter a great deal, so treat this as a starting point.
Why a common-law partner may need to make a claim
If a person dies without a will, a common-law spouse does not inherit under the SLRA, because outside Part V the word "spouse" has the Family Law Act meaning, which covers married spouses only.
A married spouse is treated differently. If the deceased leaves a spouse and no issue, the spouse is entitled to the whole estate. If there is issue, the spouse first takes a preferential share set by regulation. An unmarried partner does not receive these entitlements, which is why the support claim matters.
Who counts as a spouse for a dependant support claim
For dependant support (Part V of the SLRA), "spouse" takes the wider Family Law Act s. 29 meaning. Different laws define a common-law spouse differently, so the definition in other contexts, such as tax or immigration, does not decide this claim.
- Unmarried partners who cohabited continuously for not less than three years.
- Unmarried partners who cohabited in a relationship of some permanence and are the parents of a child, however long they lived together.
- Former spouses whose marriage ended in divorce.
Qualifying as a spouse is only the first step. A "dependant" includes a spouse the deceased was supporting, or was legally obliged to support, immediately before death.
What the court can do and what it considers
If the deceased did not make adequate provision for the proper support of their dependants, the court may, on application, order support out of the estate.
In setting support, the court considers, among other factors, the dependant's contributions to the deceased's welfare, including indirect and non-financial contributions. For a spouse, it also considers how long they cohabited.
Some assets that pass outside the will can still count. For a dependant support claim, certain transactions are treated as part of the estate, including money in joint accounts with others, property held in joint tenancy, and life insurance on the deceased's life that the deceased owned. Which assets are caught in your situation is worth confirming with a lawyer.
Deadlines and what happens to the estate meanwhile
An application may not be made more than six months after the grant of letters probate of the will or letters of administration. The clock runs from the grant, not from the date of death.
A late application is not always impossible. The court may allow an application at any time, but only for the part of the estate not yet distributed on the date of the application.
Once notice of an application is served, the personal representative must not distribute the estate until the court disposes of the application, unless everyone entitled to apply consents or the court orders otherwise. Reasonable advances for support may still be made to dependants who are beneficiaries.
What to do next
- Find out whether there is a will and whether a grant of probate or letters of administration has been issued, and when.
- Note the date of the grant so you can track the six-month deadline.
- Gather proof of how long you lived together and whether you share a child.
- Collect records showing the deceased supported you, such as shared bills, bank records and tax returns.
- List joint accounts, jointly held property and life insurance that may be connected to the estate.
- Speak to a lawyer early, because a missed deadline can limit what is still available.
Frequently asked questions
Do I inherit automatically if my common-law partner died without a will?
No. A common-law spouse does not inherit under the Succession Law Reform Act when there is no will. You may still be able to apply for dependant support if you qualify as a dependant.
What if we lived together for less than three years?
A child can change the answer. Unmarried partners who cohabited in a relationship of some permanence and are the parents of a child can qualify as spouses however long they lived together.
When does the six-month deadline start?
It runs from the grant of letters probate of the will or letters of administration, not from the date of death. The court may allow a late application, but only for the part of the estate not yet distributed.
Can the executor keep paying out the estate while my claim is pending?
Once notice of the application is served, the personal representative generally must not distribute the estate until the court decides, unless everyone entitled to apply consents or the court orders otherwise. Reasonable advances for support to dependants who are beneficiaries are still allowed.
Sources
- Family Law Act, R.S.O. 1990, c. F.3 (e-Laws) — Ontario e-Laws
- Ontario.ca – Administering estates — ontario.ca
- Succession Law Reform Act, R.S.O. 1990, c. S.26 (e-Laws) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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