| Quick Answer: In British Columbia, a will does not automatically override a common-law spouse’s rights. Depending on the situation, a surviving partner may seek a remedy through a Wills Variation claim if the will is valid, or through Intestacy rules if the will is declared invalid. |
Estate planning is essential for any couple, but for common-law partners in British Columbia, it’s especially critical. While BC law does offer certain protections, they’re not as automatic or comprehensive as those provided to married spouses. Without the right documents in place, your partner could face legal complications during an already emotional time. Here’s what you need to know to ensure your estate is handled according to your wishes, and that your partner is protected.
How BC Law Defines & Treats Common-Law Partners
Under the Wills, Estates and Succession Act (WESA), common-law partners in BC are recognized as spouses for estate purposes only if you have lived together in a marriage-like relationship for at least two years immediately before the partner’s death.
Even with this recognition, the law does not treat common-law couples exactly the same as married couples. For example, if a common-law partner dies without a will, the surviving partner may inherit a portion of the estate, but this often depends on proving the relationship and navigating complex legal processes. Assets such as pensions, insurance policies, and jointly owned property each have their own rules, which can create uncertainty (you can read more about what assets are not subject to probate here).
Many people assume that living together automatically grants full rights to a partner’s estate, but in BC, the protections aren’t guaranteed, making this one of many common estate planning myths. This makes proactive estate planning essential for common-law couples who want clarity and security.
Key Documents Every Common-Law Couple Should Have
To ensure both partners are protected, common-law couples should create a complete estate planning package. The most important documents include:
A Valid Will
A will lets you decide exactly how your estate should be distributed. Without one, BC’s default rules may not reflect your wishes and could leave your partner with less than expected. A will is the cornerstone of protecting your common-law spouse.
Power of Attorney
This allows your partner to manage your financial and legal affairs if you become unable to do so yourself. Without a Power of Attorney, your partner may need to obtain court approval just to pay bills or access joint accounts.
Representation Agreement (Health Care Decision-Making)
This document authorizes your partner to make medical and personal care decisions on your behalf. Hospitals do not automatically recognize common-law partners as next of kin, so having this agreement in place is crucial.
Beneficiary Designations
RRSPs, TFSAs, pension plans, and life insurance policies pass directly to the named beneficiaries regardless of what’s written in your will. Make sure your partner is properly designated to avoid disputes or delays.
Cohabitation Agreement
Although often associated with relationship breakdowns, a cohabitation agreement can also clarify property rights, reduce conflict, and support a smoother estate administration process.
Why Planning Ahead Matters for Common-Law Partners in BC
Estate planning is not just for older couples or those with significant assets. For common-law partners in BC, planning ahead prevents uncertainty and protects your shared life, financially, legally, and emotionally. Without the right documents, your partner may face challenges proving their entitlement to your estate, making medical decisions, or even staying in your shared home.
By addressing these issues early, you reduce stress, minimize potential family disputes, and ensure that those you care about are taken care of according to your wishes.
If you’re ready to secure your future and protect your partner, consider speaking with professionals who understand the unique legal landscape for common-law couples in British Columbia. For support in building a comprehensive estate plan tailored to your needs, reach out to Munro & Crawford, your trusted partner in planning with clarity and confidence.
FAQs for Common-Law Marriage in BC
Can a common-law spouse challenge a will in BC?
Yes. Common-law spouses can bring a wills variation claim under WESA if they believe the will is unfair.
How long do you need to live together to be considered common-law in BC?
Generally, two years in a marriage-like relationship qualifies someone as a spouse under BC estate law.
Does a common-law partner have the same rights as a married spouse in BC?
Yes. Under the Wills, Estates and Succession Act (WESA), if you have lived in a marriage-like relationship for at least two years, you have the same rights as a married spouse to inherit from an estate or challenge a will.
Can I be cut out of my common-law partner’s will?
While a partner may attempt to exclude you, BC law allows common-law spouses to apply to the court to vary the will. If the court finds that the will failed to make "adequate provision" for your support, they can legally override the deceased's wishes to ensure you are provided for.
What happens if my common-law partner dies without a will?
If there is no valid will, BC’s intestacy laws apply. As a common-law spouse of at least two years, you are entitled to a specific portion of the estate—typically the first $300,000 (if there are children) or the entire estate (if there are no children).
