Relationships

Common-Law Partners and Wills in BC

Q: Are common-law partners considered spouses in BC estate law?

Yes. Under WESA, a person who has lived with the deceased in a marriage-like relationship for at least 2 continuous years is considered a spouse for estate purposes. This gives common-law partners the same intestacy rights and will variation rights as married spouses.

Q: Can a common-law partner challenge a will in BC?

Yes. A common-law spouse (2+ years in a marriage-like relationship) can apply to vary a will under WESA section 60, just like a married spouse. The court considers whether the will makes adequate provision for the spouse.

Q: What if we've been together less than 2 years?

If you've been in a marriage-like relationship for less than 2 years, you are not considered a spouse under WESA. You would have no automatic intestacy rights and limited ability to vary a will. This makes having a will that explicitly provides for your partner especially important.

BC gives common-law couples significant estate rights — but only after 2 years, and only if you can prove it. Here's what the law says and why a will matters even more for unmarried partners.

Updated April 2026 · 8 min read

Key Takeaways

After 2 years in a marriage-like relationship, you're a "spouse" under WESA
Common-law spouses have the same intestacy and will variation rights as married spouses
Without a will, proving the relationship falls on the surviving partner — often in court
Under 2 years? You have almost no automatic estate rights in BC
A will removes ambiguity and protects your partner directly

How BC defines common-law for estate purposes

Under the Wills, Estates and Succession Act (WESA), you are a spouse if you lived with the deceased in a marriage-like relationship for at least 2 continuous years. There is no registration requirement. You don't need to file anything with the government.

This definition gives common-law partners the same estate rights as married spouses, including:

Intestacy rights: If your partner dies without a will, you inherit under the same rules as a married spouse
Will variation rights: You can apply to vary (challenge) a will that doesn't adequately provide for you
Preferential share: In blended families, you're entitled to the first $150,000 + 50% of the remainder

The proof problem

Here's where common-law couples face a unique challenge. A married spouse has a marriage certificate — an undeniable document. A common-law spouse has... a relationship that someone needs to verify.

If your partner dies without a will, you may need to prove your relationship in court. Evidence can include:

Shared address on government IDs, tax returns, and bills
Joint bank accounts or credit cards
Joint property ownership
Shared insurance policies or beneficiary designations
Affidavits from friends, family, and neighbours
Shared travel records, social media, and correspondence

This process is expensive, stressful, and happens while your partner is grieving. A will that names your partner eliminates this entirely.

Under 2 years: the gap

If you've been together less than 2 years, BC law does not consider you a spouse for estate purposes. This means:

No automatic inheritance if your partner dies without a will
No right to vary a will that excludes you
No preferential share

The only way to protect a partner in a relationship under 2 years is through a will that explicitly includes them.

This is one of the strongest arguments for having a will in a newer relationship. Without one, your partner has essentially no estate rights in BC during the first two years.

What if you have a will that excludes your common-law partner?

If you've been together 2+ years, your common-law spouse can apply to the court to vary your will under WESA section 60. The court will consider:

The length and nature of the relationship
The spouse's financial needs and means
The size of the estate
Other obligations you had (children, other dependants)
What a "judicious" person would do in the circumstances

A will variation claim must be filed within 180 days of the grant of probate. The court can rewrite the distribution of the estate.

Separation and estate rights

If you separate from a common-law partner, your estate rights don't end immediately. Under WESA, a former spouse loses their spousal status for estate purposes 2 years after separation. During those 2 years, an ex-partner could still have intestacy rights if you die without updating your will.

This is why updating your will after any significant relationship change is critical.

What common-law couples should do

Make a will — name your partner explicitly. Remove all ambiguity.
Name beneficiaries on RRSPs, TFSAs, and insurance policies
Consider joint tenancy on property you own together
Keep documentation of your relationship (shared address, joint accounts, etc.)
Create powers of attorney — without these, your partner may not be able to make financial or medical decisions for you if you're incapacitated
Update your will if your relationship status changes

Frequently asked questions

Are common-law partners considered spouses in BC estate law?

Yes, after 2 continuous years in a marriage-like relationship. They have the same intestacy and will variation rights as married spouses under WESA.

Can a common-law partner challenge a will in BC?

Yes, if they qualify as a spouse (2+ years). They can apply to vary the will within 180 days of the grant of probate.

What if we've been together less than 2 years?

You have almost no automatic estate rights in BC. A will that names your partner is the only way to ensure they're provided for.

Disclaimer: This article provides general information about common-law relationships and estate planning in British Columbia. It is not legal advice. Relationship status for estate purposes can be complex and fact-specific. Always consult a qualified BC lawyer for your situation.