Find Out How We Can Help: 604-256-3405

Estate litigation may protect the rights of common law partners

A common law spouse is someone who has lived with a partner as if married for a certain period of time. British Columbia law allows those in common law relationships many of the same rights as married couples have, including those rights to inherit property after the death of the partner. However, claiming these rights can be complicated, and it should not be surprising when it leads to estate litigation.

To be eligible for inheriting the estate of a common law spouse, the partners must have lived together as spouses for at least two years. This must include the time immediately before the death of the partner. Same-sex partners who are not married may also qualify under these rules.

When a partner dies, his or her common law spouse would be wise to seek legal advice about how to protect any rights related to the estate. This can be especially important if the partner did not leave a will or other estate plan. The division of the assets may involve a careful examination of the common law relationship and whether the deceased partner had children. Children, whether belonging to both partners or only to the deceased partner, are likely eligible to inherit a portion of the estate.

It is possible that a common law partner will face challenges during probate. Children or previous spouses may object to the partner's eligibility to inherit from the estate. Those in British Columbia facing estate litigation would be wise to have legal counsel to improve their chances of obtaining what is rightfully theirs from a loved one's estate.

No Comments

Leave a comment
Comment Information

Our focus is on Estate Litigation Every day.

Contact Darychuk Law for efficient, effective legal services for estate matters and disputes.

Contact Us Today

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.

Scroll To The Top