When Your Common-Law Spouse Dies - Revision history

Drew Jackson: /* With more information */

2023-11-07T23:20:04Z

With more information

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	===With more information===		===With more information===
	'''Legal ~~Services Society~~''~~', the legal aid provider in BC,~~ publishes the booklet “[https://legalaid.bc.ca/publications/pub/living-together-or-living-apart Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce]”.		'''Legal Aid BC'' publishes the booklet “[https://legalaid.bc.ca/publications/pub/living-together-or-living-apart Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce]”.

	* [https://legalaid.bc.ca/ Visit website]		* [https://legalaid.bc.ca/ Visit website]

Elena Renderos at 05:38, 10 November 2020

2020-11-10T05:38:44Z

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Elena Renderos: Elena Renderos moved page When Your Common-Law Spouse Dies (No. 150) to When Your Common-Law Spouse Dies: Removing recording numbers from page names

2020-09-12T05:08:56Z

Elena Renderos moved page When Your Common-Law Spouse Dies (No. 150) to When Your Common-Law Spouse Dies: Removing recording numbers from page names

← Older revision		Revision as of 05:08, 12 September 2020
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Drew Jackson at 17:36, 31 March 2019

2019-03-31T17:36:09Z

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	{{REVIEWEDPLS \| reviewer = Thomas E. Wallwork, Thomas E. Wallwork Law Corporation\|date= August 2017}} {{Dial-A-Law TOC\|expanded = wills}}		{{REVIEWEDPLS \| reviewer = Thomas E. Wallwork, Thomas E. Wallwork Law Corporation\|date= August 2017}} {{Dial-A-Law TOC\|expanded = wills}}
	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.

	==Understand your legal rights==		==Understand your legal rights==
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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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Elena Renderos at 05:45, 29 March 2019

2019-03-29T05:45:51Z

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	{{~~Dial-A-~~Law ~~Blurb~~}}		{{REVIEWEDPLS \| reviewer = Thomas E. Wallwork, Thomas E. Wallwork Law Corporation\|date= August 2017}} {{Dial-A-Law TOC\|expanded = wills}}

	{{Dial-A-Law TOC\|expanded = ~~family~~}}
	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 (~~Script~~ 178)\|the duties of an executor (no. 178)]] to learn more about probating a will.		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 [[~~The Disappointed Beneficiary~~ (~~Script~~ 179)\|challenging a will (no. 179)]].		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 [[~~What Happens~~ When ~~You Die~~ Without a Will? (~~Script~~ 177)\|when someone dies without a will (no. 177)]] provides more detail on how an estate is distributed when there is no will.		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 [[~~Making~~ a Will and Estate Planning (~~Script~~ 176)\|preparing a will and estate planning (no. 176)]].		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]



	~~[updated August 2017]~~

	~~'''The above was last reviewed for legal accuracy by Thomas E. Wallwork, Thomas E. Wallwork Law Corporation.'''~~

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Drew Jackson: Drew Jackson moved page What Happens When Your Spouse Dies (Script 150) to When Your Common-Law Spouse Dies (No. 150): align with new Dial-A-Law website

2019-03-22T01:06:37Z

Drew Jackson moved page What Happens When Your Spouse Dies (Script 150) to When Your Common-Law Spouse Dies (No. 150): align with new Dial-A-Law website

← Older revision		Revision as of 01:06, 22 March 2019
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Dial-A-Law at 03:46, 8 March 2019

2019-03-08T03:46:54Z

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Dial-A-Law at 18:42, 23 August 2017

2017-08-23T18:42:22Z

← Older revision		Revision as of 18:42, 23 August 2017
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	*If both biological parents are living together and no guardian has been designated when one of the parents dies, the surviving parent is the guardian of any children, whether you were married or not at the date of the death of the other parent.		*If both biological parents are living together and no guardian has been designated when one of the parents dies, the surviving parent is the guardian of any children, whether you were married or not at the date of the death of the other parent.

	*If the biological parents are separated, the parent with ~~whom~~ the child ~~usually resides~~ is the sole guardian of the ~~child~~, ~~unless~~ the ~~two of you have made~~ a ~~joint guardianship agreement~~, or ~~a court has ordered joint guardianship~~.		*If the biological parents are separated, and one of the parents has never regularly cared for or lived with the child after the child was born, then the parent who actually lived with and cared for the child is the child’s sole guardian.

			*If the biological parents are separated, but had lived together in a marriage-like relationship while the mother was pregnant, and the parents lived together in a marriage-like relationship after the child was born, or if both parents cared for the child regularly, then both parents are guardians of the child.

	For step-children, you will have to apply to the court for guardianship of them, even if they are already living with you, if your spouse did not make a will appointing you as guardian or if he or she was a joint guardian with the other biological parent. You should speak to a lawyer if you have any questions about this situation.		For step-children, you will have to apply to the court for guardianship of them, even if they are already living with you, if your spouse did not make a will appointing you as guardian or if he or she was a joint guardian with the other biological parent. You should speak to a lawyer if you have any questions about this situation.
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	==Where can you get more information?==		==Where can you get more information?==
			*Read the booklet entitled [http://www.legalaid.bc.ca/publications/pub.php?pub=347 Living Together or Living Apart: Common-law Relationships, Marriage, Separation, and Divorce] by the Legal Services Society, BC and available free on their website at [http://www.legalaid.bc.ca www.legalaid.bc.ca]. To find it, click “Our publications” then under “I want to find a publication by subject,” click “[http://www.legalaid.bc.ca/publications/subject.php?sub=3 Families & children]”.

	*Read the booklet entitled [http://www.legalaid.bc.ca/publications/pub.php?pub=347 Living Together or Living Apart: Common-law Relationships, Marriage, Separation, and Divorce] by the Legal Services Society, BC and available free on their website at [http://www.legalaid.bc.ca www.legalaid.bc.ca]. To find it, click “Our publications” then under “I want to find a publication by subject,” click “[http://www.legalaid.bc.ca/publications/subject.php?sub=3 Families & children]”.
	*Also see the Legal Services Society’s Family Law in BC website at [http://www.familylaw.lss.bc.ca www.familylaw.lss.bc.ca] — under “Your legal issue,” click “Common-law relationships”, click on “[http://www.familylaw.lss.bc.ca/legal_issues/commonLawBasics.php The basics]”.		*Also see the Legal Services Society’s Family Law in BC website at [http://www.familylaw.lss.bc.ca www.familylaw.lss.bc.ca] — under “Your legal issue,” click “Common-law relationships”, click on “[http://www.familylaw.lss.bc.ca/legal_issues/commonLawBasics.php The basics]”.


	[updated ~~January 2015~~]		[updated August 2017]

	'''The above was last reviewed for accuracy by ~~Michael Warsh, Sylvia Lehmann and JP Boyd~~.'''		'''The above was last reviewed for accuracy by Thomas E. Wallwork.'''
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Dial-A-Law at 22:34, 17 June 2015

2015-06-17T22:34:09Z

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	[updated January 2015]		[updated January 2015]

	~~{{REVIEWED \| reviewer =~~ Michael Warsh, Sylvia Lehmann and JP Boyd}}		'''The above was last reviewed for accuracy by Michael Warsh, Sylvia Lehmann and JP Boyd.'''
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Dial-A-Law at 18:20, 27 May 2015

2015-05-27T18:20:09Z

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	[updated January 2015]		[updated January 2015]

	{{REVIEWED \| reviewer = Sylvia Lehmann and JP Boyd}}		{{REVIEWED \| reviewer = Michael Warsh, Sylvia Lehmann and JP Boyd}}
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