Common-Law Children And Inheritance: Who Gets What?

Inheritance laws vary depending on where you live. In some places, common-law partners can only inherit intestate estates (estates without a will) and have no inheritance rights without a will. In other places, common-law partners are considered spouses and have inheritance rights to each other's estates. Children usually have no right to inherit anything from their parents, but this can depend on family structure and where you live.

Common law inheritance rights in Canada

In Canada, common-law partners can only inherit intestate estates (estates without a will) in British Columbia, Manitoba, Saskatchewan, and the Northwest Territories. In all other regions, the common-law partner has no inheritance rights without a will.

The criteria to be considered common law depend on how long you have lived together, whether you have any children together, and whether partnership registration exists in your province or territory. In some provinces, such as Alberta, you can create an Adult Interdependent Partner agreement, and in Manitoba, you can register your common-law relationship with the Vital Statistics Agency.

If you are married and living together with your spouse, you are likely to inherit their estate should they pass away without a will. The likelihood that you inherit their entire estate depends on your family structure, such as if you had children together and where you live in Canada.

It is important to note that the inheritance rights of common-law partners can vary across provinces and territories in Canada. Therefore, it is recommended to consult with a lawyer or estate planning attorney to understand the specific laws and criteria that apply in your region.

Common law inheritance rights in the US

In the US, common law inheritance rights vary depending on the state or territory in which you live. In some states, such as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, common law partners may have inheritance rights to their spouse's estate if they are considered 'community property' states. In other states, such as British Columbia, Manitoba, Saskatchewan, and the Northwest Territories, common law partners are only entitled to inherit intestate estates (estates without a will).

It is important to note that the criteria for common law partnerships can vary across regions, and may depend on factors such as the length of time the couple has lived together, whether they have children together, and whether partnership registration exists in their province or territory.

If you are in a common law relationship and want to ensure that your partner inherits your estate, it is recommended to create a will that specifically outlines your wishes. This can help to avoid any confusion or legal disputes after your death.

Additionally, if you are excluding a family member from your will or trust, it is essential to seek legal advice to understand how state inheritance laws may affect your estate plan.

Common law inheritance rights in British Columbia

In British Columbia, common-law partners gain inheritance rights after living together for at least two years. They have similar rights to legally married spouses under intestate laws, potentially inheriting the entire estate if no children are present.

The definition of 'spouse' includes a common-law spouse, but only if the parties lived together in a marriage-like relationship for at least two years immediately before the person's death. This means that it is possible for a person to die leaving two spouses: a spouse to whom they are still legally married, and a common-law spouse.

The scheme for the distribution of estate assets starts with determining whether the deceased had a spouse and/or children. British Columbia's inheritance laws play a crucial role in determining how assets are distributed when someone passes away. Understanding these legal provisions can help individuals make informed estate planning decisions and clarify what rights family members and beneficiaries have under BC law.

Common law inheritance rights in Manitoba

In Manitoba, common-law partners can only inherit intestate estates (estates without a will) if they have registered their common-law relationship with the Vital Statistics Agency. If a person dies leaving both a spouse and one or more common-law partners, the one whose relationship with the deceased was most recent will have priority over any others. However, this priority cannot stop another spouse or common-law partner from applying for an accounting and equalisation of assets under The Family Property Act.

In Manitoba, a surviving spouse or partner will always receive at least 75% of the estate. If the deceased left children from another relationship, the surviving spouse or partner will receive the first $50,000 or half of the estate, whichever is worth more, and half of the remainder.

The Pension Benefits Standards Act, 1985 applies to most federally-regulated pension plans (e.g. the airlines and railways) and provides protection to spouses and common-law partners similar to that in The Pension Benefits Act of Manitoba.

As a beneficiary in Manitoba, it is your right to receive a copy of the will and the assets in the estate.

Common law inheritance rights in Alberta

In Alberta, the term ''common law has been replaced with 'Adult Interdependent Partnership' (AIP) since 2003. AIPs are non-marital relationships with legal recognition. To be recognised as an AIP, a couple must live together for three years, have a child, or sign an agreement. AIPs do not need to be romantic; platonic relationships and family members can qualify.

AIPs have inheritance rights in Alberta. If a partner passes away without a will, the surviving partner might inherit some belongings, similar to a married spouse. A will can specify what the surviving partner inherits, but a lack of a will means that Alberta's estate laws will be used instead to determine what the surviving partner will receive.

In Canada, common law partners can only inherit intestate estates (estates without a will) in British Columbia, Manitoba, Saskatchewan, and the Northwest Territories. For all other regions, the common law partner has no inheritance rights without a will.

Frequently asked questions