This page deals with one situation: a common-law partner in British Columbia whose partner has died without a will. If you are looking for the general rules on what any spouse inherits in BC, start with Does a Spouse Automatically Inherit Everything in BC?
When someone passes away in British Columbia, many people assume that their spouse will automatically receive the entire estate. It’s a common belief, but it’s not always true. In fact, BC inheritance laws can get quite complex, especially if there’s no will in place or if there are children from a previous relationship.
A spouse does not automatically inherit everything in British Columbia. In BC, inheritance is governed by the Wills, Estates and Succession Act (WESA). What you’re entitled to depends on whether there’s a valid will, if there are children from a previous relationship, and whether the relationship was legally recognized. Without a will, the law follows intestate succession rules, which often split the estate between the surviving spouse and the deceased’s children.
At Onyx Law Group, we’ve spent years guiding spouses, partners, and families through some of life’s most difficult transitions. Our team of estates and trust lawyers understands BC estate law and BC inheritance law. With a deep bench of legal experience, a proven track record in complex estate disputes, and a reputation for clarity and compassion, we’re here to help you make sense of the system and protect what’s rightfully yours. Contact us today for a free consultation.
In this article, we will cover the ins and outs of inheritance laws in BC and answer the question of whether a spouse automatically inherits everything. We’ll cover the importance of having a will, the rights of common law partners, and much more to help you understand the inheritance process in BC.
Why a Common-Law Partner Has to Prove the Relationship First
When someone dies without a will in British Columbia, the estate is distributed under the Wills, Estates and Succession Act. A married spouse rarely has to argue about status. A common-law partner almost always does, because before any share of the estate is discussed, the survivor has to establish that they meet the statutory definition of a spouse. That single question decides most of these cases, and it is where this page focuses.
For the general rules on what a spouse receives in an intestacy, read Does a Spouse Automatically Inherit Everything in BC?
What Does “Intestate” Mean in BC?
The word “intestate” simply means a person died without a valid will. When this happens, the estate is distributed according to the rules in WESA. These rules are rigid. They don’t account for emotional closeness, financial need, or unspoken wishes – they only follow legal relationships and timelines.
This is why it’s so critical to have a valid will in place. Without one, people you care about, like a long-term partner or stepchildren, might be left with nothing.
What Happens to the Estate When a Spouse Dies Without a Will in BC?
If a spouse dies without a will in British Columbia, their estate is distributed according to the Wills, Estates and Succession Act (WESA) under the rules of intestate succession. The surviving legally married spouse is generally first in line to inherit, but they do not automatically receive the entire estate. Suppose the deceased had children from a previous relationship. In that case, the estate is divided: the spouse receives the first $150,000 to $300,000 (depending on whether the children are shared), plus half of the remaining assets, with the other half going to the deceased’s children. If there are no children or descendants, then yes, the spouse may inherit everything. But without a valid will, there’s no guarantee.
This process can be especially complicated if the relationship wasn’t legally formalized or if the family structure is blended. The law doesn’t account for personal wishes; it follows a strict formula. That means even a long-time partner might be excluded if they don’t meet WESA’s definition of a “spouse.” The legal process may also involve probate fees, delays, and emotional strain for the family. That’s why understanding your rights under BC inheritance laws and having a valid will in place is important in making sure your loved ones are protected and your estate assets are passed on the way you intended.
In British Columbia, spouses come ahead of children on an intestacy, especially if there’s no valid will in place. If there are no children or other descendants, the spouse inherits the entire estate. This framework reflects a key assumption in BC inheritance law, that a surviving spouse may be financially dependent on the deceased, while adult children are often expected to be more self-sufficient.
However, this doesn’t mean children are excluded from inheritance. If a valid will exists and the child is left out or given less than expected, they may still have legal grounds to contest the distribution, especially if they can show that the personal representative of the estate acted unfairly or that the deceased owed them a moral or legal obligation.
Does a Spouse Automatically Inherit Everything in BC?
In British Columbia, a spouse does not automatically inherit everything upon their partner’s death. If the deceased left a valid will, the estate is distributed according to its terms, which may or may not leave everything to the spouse. If there is no will (intestacy), the spouse is entitled to a preferential share of the estate—currently $300,000 if there are children from the relationship, or $150,000 if there are children from another relationship—plus a share of the remainder. The rest is divided between the spouse and any children according to BC’s intestacy laws.
What a Surviving Common-Law Partner Can Actually Claim
If the relationship qualifies, a common-law partner inherits on the same footing as a married spouse: a preferential share of the estate first, then a portion of what remains, with the split depending on whether the deceased left children and whether those children are also the survivor’s. If the relationship does not qualify, the partner takes nothing on the intestacy, and the estate passes to the deceased’s children or next of kin instead. There is no partial credit for a relationship that fell short of the statutory test.
The dollar thresholds and the children-of-another-relationship variations are set out in our guide to spousal inheritance rights in BC.
Where Probate Fits for a Common-Law Survivor
A surviving partner who is not named in a will and is not an obvious spouse on paper often has to raise their status early, when the personal representative applies to the court. Waiting until the estate has been distributed makes everything harder and more expensive. If you think you qualify as a spouse and the estate is moving without you, get advice before the grant is issued, not after.
Time Needed to Qualify as a Spouse Under BC Estate Law
To qualify as a spouse under BC estate law to receive a share of the intestate estate, you must have been in a marriage-like relationship for at least two full years immediately before the death.
The two-year line is applied strictly, with no appetite for rounding up. In L.E. v. D.J., 2011 BCSC 671, the survivor had been living with the deceased for one year and 355 days—just ten days shy of the two-year mark. That wasn’t enough. Her claim failed on the arithmetic alone. However long the couple had been together in every other sense, the statute didn’t allow for any flexibility.
The Example of L.E. v. D.J.
We have previously discussed the criteria for determining whether a relationship was “marriage-like” and the important implications that flow from such a determination with respect to entitlement to spousal support. BC estate law also requires the court to look at the disputed relationship as a whole and measure it against those objective criteria to determine if the parties were in a committed, marriage-like relationship and when the marriage-like relationship began.
The outcome in L.E. v. D.J. is particularly interesting given the unorthodox relationship in question and the fact that the relationship itself was of greater than four years duration – the court found as a matter of fact that it did not become “marriage-like” until a specific point mid-way through the relationship. L.E. and B.F. met in 2005 through an internet site for alternative relationships. At the time, L.E. was 16 years old and B.F. was 53 years old. From 2006 to 2009, L.E. and B.F. spent the majority of their nights together at B.F.’s home in Kelowna. When L.E. decided to go to post-secondary school in 2009, she would stay with her mother in Vernon, returning to B.F.’s house as often as she could. B.F. concealed his relationship with L.E., instead introducing her as his roommate, nanny, or offering no explanation as to who she was. L.E. asked B.F. to be her boyfriend, but B.F. refused. They kept their finances separate, and they were not sexually exclusive.
However, when L.E. went on a trip to Hungary in 2008, B.F. sent L.E. an email offering to commit to a long-term relationship if she accepted his terms, which she did. In the court’s view, that email was B.F.’s declaration of commitment; it pointed to a desire to have a future together. Clearly, L.E. did not view their relationship as one of commitment prior to this date; otherwise, she would not have asked B.F. to commit to her. The court also noted that one of the reasons for L.E. returning to post-secondary school in 2009 was to enable her to find more remunerative employment so that she could contribute more to the household. This showed that L.E. and B.F. were looking to the future together and it demonstrated a difference in long-term intention between the two of them.
The email, which in the court’s view signified the first day that the parties cohabited in a marriage-like relationship, was sent February 23, 2008. B.F. died on February 13, 2010. Madam Justice Russell concluded that while a period of 10 days short of the required time appeared to be minimal, the wording of the statute did not permit abridging the time required to meet the definition of a spouse. At paragraph 296, she noted that the legislature made a policy decision to limit the definition to two years, and, while it may be arbitrary, it is not open to the court to allow a claim that falls short. There is no discretion; thus, the court cannot change or relax this requirement.
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The whole question for a common-law survivor comes down to the two-year test. Clear it, and you are a spouse under WESA with the same intestacy entitlement as a married spouse. Fall short of it, even by days, and you inherit nothing on the intestacy, whatever the relationship meant in practice.
That is why the evidence about how you lived, and for exactly how long, matters more here than in almost any other estate claim. Shared addresses, joint accounts, insurance beneficiary forms and the accounts of people who knew you are what a court weighs.
If you need clarity on your rights or help planning your estate, our experienced estate and trust lawyers at Onyx Law Group are here to guide you with confidence, compassion, and proven legal insight. Whether you are working through a loved one’s estate or planning your own, you don’t have to do it alone. Contact us today to schedule a consultation with our estate law team, and let’s help you make informed decisions and safeguard what matters most.