Category: Marriage-like Relationships
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Common Law Marriage and Divorce
In BC, couples become spouses after living together in a marriage-like relationship for at least two years, without any ceremony. On separation, common-law spouses have the same core rights and obligations as married couples over property, debt, and support under the Family Law Act. British Columbia couples can become spouses, even if they never had […]
Can my Dad’s Girlfriend Contest his Will in BC?
A live-in partner inherits from an intestate estate in BC only if they qualify as a spouse under section 2 of WESA, which means the couple lived in a marriage-like relationship for at least two years. If the relationship was shorter than two years and they were not married, the partner is not a spouse […]
Common Law Partner Rights After Death in BC
In BC, whether an unmarried partner inherits can turn entirely on their relationship status on the day their partner died. WESA treats a common-law partner as a spouse only after two years of a marriage-like relationship. Miss that mark and the estate passes to other relatives under the intestacy rules. The loss of a loved […]
Estate of BC Biker Divided Between His Wife and “Secret” Common-Law Spouse
A Hells Angels prospect led a double life, leaving a “complicated legacy” after his disappearance and murder. Michael Widner maintained two separate households for almost a decade before his death in 2017. It was alleged that he earned large sums of cash from drug dealing and marijuana grow operations, which he used to fund both […]
Will Not Updated Post-Separation, But Former Spouse Still Inherits Ex’s Estate
When married or common-law partners cease to be spouses, s. 56(2) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (“WESA”) automatically revokes testamentary gifts to one’s former spouse. The effect of s. 56(2) is that an ex-spouse is disinherited. But in some situations, that is not what is intended. In Jacobson Estate […]