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Thursday, May 24, 2012

Succession rights of common law partners and adult children

I just love it when I come across clear, easy-to-use legal materials! I've recently found just such a resource and I've added it to this page as a permanent link. It's a chart prepared by http://www.mcauleyfinancial.com/ that shows whether common law spouses have the same inheritance rights as married spouses, and if so, how long they have to live together to gain that status. It goes province by province so you can easily find what you're looking for. It also indicates on a second chart whether common law spouses and adult (non-handicapped) children can claim against an estate for more support. Click here to see the chart.

1 comment:

  1. As of March 18th, 2013, the BC Family Law Act changed to make common law spouses essentially equal to married partners. If I have a common law partner since 1989, and we had completely separate finances our entire relationship, including the home we share which is solely in my name, does she have the right to this home when I pass away? 50% of the increase in value? At what point are we "married"? As of March 18th, 2013 or two years after we began living together (even though that was in Alberta)? I have left my CLS a life estate when I pass away, along with my pension, but I would like my estate to ultimately go to my adult children, not her adult children. How does this new law apply?

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