Will my common-law partner inherit if I die without a will?

Maybe not. Several provinces' intestacy rules recognize only married spouses, so your partner could receive nothing. The only reliable way to ensure they inherit is to name them in a will.

How long do we have to live together to be common-law?

It varies by jurisdiction and by law (tax, family, estate). A common threshold is 12 months of cohabitation or living together while raising a child, but do not rely on it for inheritance — make a will.

Does my common-law partner get spousal tax rollovers?

In Canada a qualifying common-law partner is generally treated like a spouse for tax, so RRSP/RRIF and capital-property rollovers can apply. You typically must name them as beneficiary to use these benefits.

Is a cohabitation agreement the same as a will?

No. A cohabitation agreement governs property and support during the relationship or on separation; a will governs what happens on death. Most common-law couples should have both.

Common-Law Partners and Inheritance: Why You Need a Will

Many couples assume that living together for years gives a surviving partner the same inheritance rights as a married spouse. In much of Canada and the US, that assumption is wrong — and it can leave a long-term partner with nothing. Whether a common-law or de facto partner inherits depends heavily on where you live and whether you have a will. This article explains the risks and the fix. It is general information, not legal advice — common-law rights vary dramatically by jurisdiction.

Do common-law partners inherit automatically?

Often, no. In several Canadian provinces, the intestacy rules (which apply when there is no will) treat only legally married spouses as the surviving spouse. A common-law partner may receive nothing automatically.

Some provinces do include qualifying common-law partners in their intestacy rules after a set period of cohabitation, and some US states recognize a limited form of common-law marriage. The variation is huge, which is exactly why a will matters.

What happens to my partner if I die without a will?

If your province or state does not recognize your common-law partner for inheritance, your estate may pass to your children, your parents, or your siblings under the intestacy formula — leaving your partner to make a claim or receive nothing.

Even where a partner can make a dependants' or property claim, that means stress, delay, and legal cost during grief. A will avoids the fight by simply naming your partner as a beneficiary.

How do I make sure my common-law partner inherits?

The reliable solution is a will that names your partner explicitly. A will lets you leave them the home, accounts, or specific gifts regardless of whether local intestacy rules would have recognized them.

Back this up with beneficiary designations on life insurance and registered accounts naming your partner, and consider how property is titled (joint tenancy passes automatically to a surviving co-owner).

Name your partner as a beneficiary in your will.
Update life insurance, RRSP/RRIF/TFSA, and pension designations.
Check whether shared property is held in joint tenancy.
Consider a cohabitation agreement to clarify property rights.

Does a common-law partner have a claim even without a will?

Sometimes. A partner who was financially dependent may be able to bring a dependants' relief claim, and family-property or unjust-enrichment claims are possible in some places. But these are uncertain, contested, and slow.

Relying on a claim is the opposite of planning. The point of a will is to make your partner's inheritance clear and unchallengeable rather than something they must litigate.

What about taxes and registered accounts for common-law couples?

In Canada, a qualifying common-law partner is generally treated like a spouse for tax purposes, so spousal rollovers on RRSPs, RRIFs, and capital property can apply — but you usually must name them as beneficiary to access these benefits smoothly.

Confirm your relationship meets the definition (commonly 12 months of cohabitation, or living together with a child), and keep designations current so the rollover and inheritance both work as intended.

How does iFinallyWill help common-law couples?

iFinallyWill makes it simple and affordable for each partner to create a jurisdiction-specific will naming the other — the single most important step a common-law couple can take. Most people finish in about 20 minutes.

Because each partner needs their own will, many couples do them together. For complex property or a blended family, treat the will as a strong foundation and add legal advice on top.

Frequently asked questions

Will my common-law partner inherit if I die without a will?: Maybe not. Several provinces' intestacy rules recognize only married spouses, so your partner could receive nothing. The only reliable way to ensure they inherit is to name them in a will.
How long do we have to live together to be common-law?: It varies by jurisdiction and by law (tax, family, estate). A common threshold is 12 months of cohabitation or living together while raising a child, but do not rely on it for inheritance — make a will.
Does my common-law partner get spousal tax rollovers?: In Canada a qualifying common-law partner is generally treated like a spouse for tax, so RRSP/RRIF and capital-property rollovers can apply. You typically must name them as beneficiary to use these benefits.
Is a cohabitation agreement the same as a will?: No. A cohabitation agreement governs property and support during the relationship or on separation; a will governs what happens on death. Most common-law couples should have both.