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When Your Common-Law Spouse Dies (view source)
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{{ | {{REVIEWEDPLS | reviewer = Thomas E. Wallwork, Thomas E. Wallwork Law Corporation|date= August 2017}} {{Dial-A-Law TOC|expanded = wills}} | ||
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Learn your rights, and what you’re entitled to, if your common-law spouse dies. Learn what happens if your spouse left a will, if they didn’t, and if you had children. | Learn your rights, and what you’re entitled to, if your common-law spouse dies. Learn what happens if your spouse left a will, if they didn’t, and if you had children. | ||
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In the context of wills and estates, a spouse includes a person who you lived with for at least '''two years''' in a marriage-like relationship immediately before they died. You must have been living with them at the time of their death to be considered their spouse. A spouse can be someone of the same gender as you. | In the context of wills and estates, a spouse includes a person who you lived with for at least '''two years''' in a marriage-like relationship immediately before they died. You must have been living with them at the time of their death to be considered their spouse. A spouse can be someone of the same gender as you. | ||
If your spouse left you a fair share of their estate in their will, you just have to go through the regular legal steps to inherit. To receive your inheritance, the will goes through a procedure called “'''probate'''” if the value of the estate is more than $25,000 or contains an interest in real estate. See our information on [[Your Duties As Executor ( | If your spouse left you a fair share of their estate in their will, you just have to go through the regular legal steps to inherit. To receive your inheritance, the will goes through a procedure called “'''probate'''” if the value of the estate is more than $25,000 or contains an interest in real estate. See our information on [[Your Duties As Executor (No. 178)|the duties of an executor (no. 178)]] to learn more about probating a will. | ||
But if your spouse left you nothing or too little, you should talk to a lawyer right away. Under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec60_smooth Wills, Estates and Succession Act]'', a court can vary the will to provide something for a common-law spouse. You must make the claim within 180 days of the grant of probate or grant of administration in British Columbia. | But if your spouse left you nothing or too little, you should talk to a lawyer right away. Under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec60_smooth Wills, Estates and Succession Act]'', a court can vary the will to provide something for a common-law spouse. You must make the claim within 180 days of the grant of probate or grant of administration in British Columbia. | ||
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There’s another situation to consider. A person can have more than one spouse under the ''Wills, Estates and Succession Act''. Let’s say your spouse made a will and looked after you and your children in it. But let’s also say your spouse had another spouse or children from another relationship, and did not leave them very much or anything at all. They too can go to court to have the will changed to better look after them. | There’s another situation to consider. A person can have more than one spouse under the ''Wills, Estates and Succession Act''. Let’s say your spouse made a will and looked after you and your children in it. But let’s also say your spouse had another spouse or children from another relationship, and did not leave them very much or anything at all. They too can go to court to have the will changed to better look after them. | ||
For more information on getting a greater share of a deceased person’s estate, refer to our information on [[ | For more information on getting a greater share of a deceased person’s estate, refer to our information on [[Challenging a Will (No. 179)|challenging a will (no. 179)]]. | ||
===If your spouse died without a will=== | ===If your spouse died without a will=== | ||
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Now, if you and your spouse lived separate or apart for at least two years, or one or both of you agreed to separate, or live apart permanently prior to the two year period before their death, you would not inherit the estate. But if you separated only a short time before, you may be able to apply for support from the estate, and you should consult a lawyer immediately. | Now, if you and your spouse lived separate or apart for at least two years, or one or both of you agreed to separate, or live apart permanently prior to the two year period before their death, you would not inherit the estate. But if you separated only a short time before, you may be able to apply for support from the estate, and you should consult a lawyer immediately. | ||
Our information on [[ | Our information on [[When Someone Dies Without a Will (No. 177)|when someone dies without a will (no. 177)]] provides more detail on how an estate is distributed when there is no will. | ||
===If you had children with a common-law spouse=== | ===If you had children with a common-law spouse=== | ||
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{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
If you are the parent of a child born from a different relationship, or the step-parent of a child, you should have your own will prepared. This way you can ensure all of your children would be looked after in the way you would like after your death. See our information on [[ | If you are the parent of a child born from a different relationship, or the step-parent of a child, you should have your own will prepared. This way you can ensure all of your children would be looked after in the way you would like after your death. See our information on [[Preparing a Will and Estate Planning (No. 176)|preparing a will and estate planning (no. 176)]]. | ||
|} | |} | ||
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:Web: [http://www.legalaid.bc.ca/ legalaid.bc.ca] | :Web: [http://www.legalaid.bc.ca/ legalaid.bc.ca] | ||
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