A Face-off of Inheritance Rights: Married Spouse vs. Common-Law Partner

In Ontario, marriage offers crucial legal safeguards and property rights that common-law relationships often lack.

Introduction:

Marriage offers essential legal protections and property rights that are not available in common-law relationships. For example, legally married couples are automatically entitled to property division during separation or divorce, whereas common-law partners often face significant obstacles when seeking similar rights. This difference underscores the importance of understanding your legal rights and the protections accessible to you in these circumstances.

In Ontario, estate disputes involving a legally married spouse and a common-law partner are heavily impacted by the Succession Law Reform Act (SLRA). Although both parties can file claims for a dependent's relief or unjust enrichment, it's important to note that neither has an automatic right to inherit.

A Contrast of Entitlements: Officially Married Spouse vs. Common-Law Partner:

1. Rights of a Legally Married Spouse:

a) Entitlement to Inheritance Through Marriage:

• A legally married spouse in Ontario has guaranteed rights to inherit a share of their deceased partner's estate if the partner passes away without a will (intestate).

b) Will and Estate Planning:

• Typically, a legally married spouse is a primary beneficiary in a will and can be safeguarded through estate planning measures.

c) Unjust Enrichment/Constructive Trust:

• If the married spouse contributed financially, emotionally, or through labor to the common-law partner's property, they could potentially claim unjust enrichment or a constructive trust if the will bequeaths the properties to the common-law partner.

d) Succession Law Reform Act (SLRA):

• The SLRA specifies the rights and obligations of married spouses in matters related to their estates.

2. Rights of a Common-Law Partner:

a) No Automatic Inheritance:

• Common-law partners do not inherit from their deceased partner's estate unless it was left to them in a valid will.

b) Succession Law Reform Act (SLRA):

• For estate purposes, the SLRA refers to "spouse" as someone who is legally married to the deceased, excluding common-law partners.

c) Family Law Act (FLA):

• In Ontario, the FLA defines "spouse" as someone who is legally married to the deceased, excluding a common-law partner.

d) Dependent's Relief Claim:

• A common-law partner may seek a claim for dependent's relief under the SLRA if they can prove they depended on the deceased and sufficient provision was not made for them in the will or the case of intestacy.

e) Unjust Enrichment:

• Additionally, a common-law partner may have a claim for unjust enrichment if they contributed to the acquisition or maintenance of an asset that the deceased spouse solely owned.

f) Constructive Trust:

• In certain situations, a common-law partner may be able to assert a constructive trust over property to which they contributed, even if they are not named on the title.

g) Factors Considered by the Court:

• When evaluating a dependent's relief claim between the surviving spouse and the common-law partner, the court considers factors such as the duration of the relationship, the ages and health of both parties, and their respective financial situations.

h) Time Limit:

• Claims for dependent's relief must be submitted within six months after the estate trustee's appointment certificate is issued.

3. Important Considerations:

a) Estate Planning:

• Individuals in common-law partnerships need to create a will to ensure their wishes for asset distribution are fulfilled.

b) Legal Advice:

• Common-law partners who believe they have a claim against an estate should consult with a lawyer to assess the strength of their claim and determine the most effective approach.

 c) Documentation:

• Common-law partners should maintain records of their contributions to the relationship, including financial investments and household chores.

Conclusion:

Whether you are a surviving spouse or a common-law partner, our team of lawyers is here to help you protect your rights, assist with estate planning, and prepare your will.

If you have further questions about inheritance rights, please contact:

Carman Feng 613-981-6138 (English, Mandarin),

Mylene Feng 613-808-8648 (English, Cantonese)