A Common Law Spouse Property Rights When A Common Law Partner Dies Without A Will

Common law partners do not have nearly the same rights to estates and properties as married spouses do. If the surviving common law partner owned the home as a joint tenant with right to survivorship, then he or she would obviously get an interest in the house. But if the surviving common law partner was […]

Why It Is Important That People In A Common Law Relationship Have Wills To Protect Their Rights To Property And To Provide For Their Children

If someone is living in a common law situation, it’s imperative to have an up-to-date will and an estate plan to protect the rights of the surviving spouse. Sometimes a client says, “Well, it’s a very small estate, and it’s all going to my spouse.” But people don’t understand that it’s not a marriage situation, […]

What Recourse Is Available To The Surviving Spouse In Ontario If His Or Her Common Law Partner Dies Intestate?

When a common law partner dies intestate (that is, without a will), the surviving spouse has recourse to two claims on the estate of the deceased. The spouse can make a claim based on trust principles or can make a claim for support. Trust principles apply when a common law spouse has contributed money or […]

Issues That Arise From A Will When A Client Remarries Or Is In A Common Law Relationship

When clients come in to sign their Wills, we always give them a standard reporting letter that lists various factors that might cause them to review their estate or update their Will in the future. The one factor that often surprises our clients is when we tell them that if they get re-married, their Will […]