Common Law Relationships

Estate planning is often overlooked by common-law couples, sometimes with catastrophic consequences. Jeffrey Behrendt has handled numerous cases where surviving partners were left destitute because they didn’t understand how differently the law treats unmarried couples upon death.

“The most heartbreaking cases are when someone spends decades in a relationship, only to lose everything when their partner dies,” Behrendt says. He recalls a woman in her 60s who was evicted from the home she’d shared with her partner for 25 years because he died without a will, and the property went to his siblings.

In most provinces, common-law partners have no automatic inheritance rights under intestacy laws. Even with a will, they may face legal challenges from biological family members. Behrendt recently represented a client whose partner’s adult children successfully challenged their father’s will that left everything to his common-law spouse of 15 years.

Joint assets don’t always provide protection either. Behrendt explains: “We had a case where joint accounts were drained by the deceased’s family before the surviving partner could act. Without clear documentation, the banks had to comply with the estate trustee’s instructions.” Learn more at Common Law Relationships

To protect against these risks, Behrendt recommends common-law couples implement a comprehensive estate plan including:

• A will specifically addressing the relationship
• Designated beneficiaries on all accounts and policies
• Powers of attorney for property and personal care
• A cohabitation agreement that survives death
• Documentation of shared assets and intentions

“Estate planning is especially crucial for common-law couples with blended families,” Behrendt notes. “You need to ensure your assets go where you intend, not where outdated laws dictate.”

For older couples, the stakes are particularly high. Behrendt recently helped a 70-year-old client avoid being forced into a nursing home after her partner’s death by ensuring proper title and beneficiary arrangements were in place. “After a certain age, people assume it’s too late to plan,” he says. “But it’s never too late – and often more important than ever.”