Wills and Estates Law

Common Law vs Married Spouses - Part 2: Estates Law

In Ontario, there are significant differences between the rights of common law spouses and the rights of married spouses regarding inheritance upon death.

Married spouses have an automatic right to inherit.  When a married spouse dies leaving a Will, the living spouse can elect to take under the Will.  If the Will does not provide for the spouse, or does not sufficiently provide for the spouse, the spouse can instead elect to take an equalization payment.