BC law can treat a common-law partner as a spouse after two years together, but that does not mean your estate will go where you expect. Here is how the rules work without a will, the gaps they leave, and what a will lets you control.
Many unmarried couples assume that once they have lived together long enough, the law will look after the survivor. In BC it might, but only if the relationship meets the legal test, and even then the result may not be what either of you wants.
This guide explains what happens to a common-law partner's estate without a will, why blended families are especially exposed, and what making wills together can settle.
The two-year line
Under the Wills, Estates and Succession Act (WESA), two people are spouses for estate purposes if they had lived together in a marriage-like relationship for at least two years immediately before one of them died. Married couples qualify by marriage.
Before the two years are up, a surviving partner has no share under the intestacy rules if there is no will. And even after two years, there is no certificate that proves the relationship. If the start date, or whether the relationship was marriage-like, is disputed, the survivor may have to prove it in court while grieving. Our article on cohabitation agreements explains how couples can record their arrangements while both are alive.
What happens if you die without a will
If you qualify as spouses and there is no will, WESA sets the shares. With no children or other descendants, the surviving spouse takes everything. With descendants, the spouse receives the household furnishings, then a preferential share, and then half of whatever is left; the descendants take the other half.
The preferential share depends on whose children they are. It is $300,000 if all the descendants are descendants of both partners, but only $150,000 if any are from an earlier relationship.
Example (illustration only): a partner dies without a will leaving a net estate of $700,000 and two children from an earlier relationship. The surviving partner receives $150,000 plus half of the remaining $550,000, or $425,000 in total, and the two children share $275,000. Had all the children been the couple's own, the partner would have received $500,000.
Where there is no will and the estate includes the family home, a surviving spouse also has a right to acquire the home from the estate, which must generally be exercised within 180 days after the grant is issued. How that works alongside the children's share of the estate needs careful handling.
Neither result may match what you intended. For more on who inherits when there is no will, see dying without a will in BC.
Why blended families are especially exposed
Where either partner has children from an earlier relationship, the intestacy rules can leave someone unhappy and in conflict with the other side of the family. Children may question whether the relationship ever met the two-year test. The survivor may need to share the home's value with stepchildren. A will is the main way to decide, in advance, how to balance a partner's security against your children's inheritance, for example by giving the partner a right to live in the home for a period before it passes to the children.
Separation changes your will
For a common-law couple, spousal status ends when one or both partners end the relationship. If that happens after a will is made, any gift to the former partner, and their appointment as executor, is revoked unless the will shows a contrary intention. A later reconciliation does not bring the gift back. If you separate and then reunite, you need a new will. Our article on updating your will after separation covers what to change.
A will can still be challenged
A will does not end the conversation. If a will does not make adequate provision for a spouse or children, they can apply to the court to vary it, generally within 180 days after the grant of probate is issued. A common-law partner who qualifies as a spouse has the same right as a married spouse. Clear, considered planning, and a written explanation of your reasons, make a will easier to defend.
What a will does not cover
Some of your largest assets may pass outside your will:
- Jointly owned property, such as a home or bank account held as joint tenants, usually passes to the surviving owner.
- Registered plans and insurance go to the person named as beneficiary. Check that designations match your plan; see our guide to RRSP and RRIF beneficiary designations.
- Decisions while you are alive are a separate question. A power of attorney and a representation agreement let you choose who manages your affairs if you cannot.
Making wills together
When a couple plans together, each can see how the other's will fits with their own. Bring a list of assets and how each is owned, the date you started living together, details of any children from earlier relationships, and any cohabitation or separation agreements. Review your wills after a move, a new child, a property purchase or a change in the relationship.
Living together? Put your wishes in writing
Our wills and estate planning lawyers can prepare wills, powers of attorney and representation agreements for both of you, and coordinate them with your property ownership, beneficiary designations and any cohabitation agreement.
Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.
Sources
- WESA, ss 2, 20, 21, 26, 27, 56, 60, 61 — Wills, Estates and Succession Act, SBC 2009, c 13 (checked October 13, 2026)
- Wills, Estates and Succession Regulation — Wills, Estates and Succession Regulation, BC Reg 148/2013 (checked October 13, 2026)
General information about British Columbia law as at the date shown, not legal advice. Reading this article does not create a lawyer-client relationship. Please speak with a lawyer about your own circumstances.