Common law couples and probate

There is a common misconception that common law couples – partners who have never been married to each other, yet have lived together for more than six years, have the same rights as married couples, when it comes to inheriting assets from each other.
If one or neither of you has made a will, then never assume that your partner stands to inherit all your assets in the event of your death even if they significantly contributed to the household or paid some of the bills. In actual fact, the court may decide that your partner has less of a right to inherit your assets than another of your blood relatives.
If you have no plans to get married and prefer to remain as a common law couple, the solution must be for each of you to prepare a will, leaving your implicit wishes that the other inherit all your assets. Only by doing so, can you prevent any other individual from inheriting part or all of your final estate.

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