Spousal and Inheritance Rights

Why Inheritance and Spousal Rights Matter

What happens to your estate after you pass away depends heavily on whether you have a valid Will—and the legal status of your relationships. Spouses and dependants have specific rights under provincial laws that can override or reshape how assets are distributed, especially if a Will is missing, unclear, or contested.

Understanding how inheritance and spousal rights work helps you make informed estate planning decisions and ensures the people closest to you are properly protected.

Legal Protections for Spouses and Families

Canadian law protects married spouses and dependants to ensure they are not left with nothing. In some provinces, common-law partners also have rights—though these vary and are not always automatic. If a person dies without a Will, provincial laws decide how the estate is distributed, which may not reflect personal intentions.

With proper planning, you can ensure that your wishes are respected while also staying within legal requirements. Being aware of what spouses and dependants are entitled to can help you write a Will that is fair, enforceable, and unlikely to be challenged.

Why It’s Worth Understanding

Knowing how inheritance and spousal rights work helps you:

• Understand the default rules if no Will is in place

• Make informed decisions about supporting your spouse or partner

• Avoid unintentional exclusions or legal disputes

• Comply with province-specific requirements

• Recognize the rights of children and other dependants under the law

A solid understanding of these rights is essential to building a complete and effective estate plan.

Foundations of Inheritance and Spousal Rights

These articles explain how inheritance is handled across different circumstances, and what legal rights spouses and dependants have:

• Inheritance With or Without a Will: Learn how inheritance works when a Will is in place—and how it changes if there isn’t one.
• Common-Law vs. Married: Understand how rights differ for married and common-law spouses, and why legal recognition matters.
• Provincial Inheritance Rules (ON, BC, AB): Explore how inheritance laws and spousal entitlements vary by province, with specific examples.
• Dependant’s Relief Claims: Discover how spouses, children, and other dependants can apply to the courts for support if they are left out of a Will.
• What Spouses Are Entitled To: Find out what financial support or assets a spouse can claim under Canadian law—regardless of what the Will says.