Do Common-Law Partners Inherit in Ontario? What the Law Actually Says

If your common-law partner died tomorrow without a will, would you inherit anything? Many people are surprised by the answer.

If you die without a will, your estate will be distributed in accordance with Ontario’s Succession Law Reform Act. Ontario’s Succession Reform Act outlines how an estate is distributed after someone dies if a will does not exist.

 
Under this legislation, the definition of a “spouse” generally means a legally married spouse only. This is a crucial detail with significant ramifications: common-law partners are NOT included as a spouse.

Meet Sarah and Daniel

Sarah and Daniel had lived together in Whitby for over 12 years, building a home, sharing expenses, and raising Sarah’s daughter from a previous relationship.

They always referred to each other as spouses, even though they never legally married. The house, however, was in Sarah’s name alone, and they never got around to making wills. When Sarah passed away unexpectedly, Daniel assumed everything, including the house and its contents, would naturally go to him.

Instead, under Ontario’s Succession Law Reform Act, Daniel was considered to have died “intestate,” and Sarah was not recognized as a spouse for inheritance purposes. From Ontario.ca, when a person does not have a valid will when they die, it is called an intestacy.

What happens to Sarah’s Estate in this Scenario?

The estate was legally passed to Sarah’s daughter, with oversight from extended family members who had never been involved in their daily lives.

Daniel quickly realized he had no automatic right to the home he had helped pay for and maintain for over a decade. How the home’s title is taken matters more than how long you have been together, as we discussed in a previous post.

Tensions escalated when Sarah's relatives began discussing selling the property. With limited savings and no legal ownership, Daniel had to consider moving out of the home he thought was his.

In the end, despite years of partnership, Daniel was left relying on a costly legal claim just to try to secure an equitable portion of what he and Sarah had built together.

Who Inherits in a Common-Law Partner Relationship?

If your common-law partner isn’t legally entitled to inherit, the natural question becomes: who is? Under Ontario’s Succession Law Reform Act, the estate doesn’t consider the reality of your relationship but instead follows a fixed hierarchy. That means assets are distributed to legally recognized beneficiaries like married spouses, children, or blood relatives, regardless of who the deceased actually shared their life with.

What can Common-Law Couples do to Protect Each Other?

Without a will, even the most established common-law relationships can be left entirely unprotected, while assets are passed on according to a rigid legal formula. The good news is that this outcome is avoidable.

There are clear, proactive steps that can ensure your partner is protected and your intentions are respected, which we’ll explore in our next blog.

We’re here to help

McMurter & Associates can be a trusted advisor, helping you to navigate wills and estate planning, no matter your circumstances, to ensure you and your loved ones are protected as you wish.

We have other resources for common-law couples on our blog that may help.

• Buying a House with Your Common-Law Partner in Ontario: Legal Risks
• Living Together in Ontario: What Co-Habitating Couples Need to Know About Real Estate

Disclaimer: This article is intended as an informative piece about the subject. It should not be taken as legal advice. We recommend you connect with an estate lawyer about your specific legal situation.