Proving you were a common-law spouse after a death in BC

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 12, 2026

Published November 12, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 12, 2026: the Wills, Estates and Succession Act (s. 2) and the court decisions cited below checked that day.

When an unmarried partner dies, the first fight is often whether the survivor was a “spouse” at all. Under WESA, two people are spouses if they were married, or had lived in a marriage-like relationship for at least 2 years, and the relationship hadn’t ended before the death. That status decides whether the survivor can bring a wills variation claim, or take a spouse’s share if there was no will. “Marriage-like” isn’t defined in the Act, so BC courts look at the whole relationship: shared home and daily life, intimacy, support for each other, how they presented themselves to family and the world, finances, children, and what each intended for the future. No single factor decides it. Courts have found spousal relationships even where the couple kept separate homes, and have refused them where little beyond the label existed. Evidence gathered early, such as messages, photos, bills and witnesses, often decides the case.

Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for surviving partners proving spousal status and for families disputing it; this guide is by Pardeep S. Grewal.

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What courts look at

• Shelter: living together, or regular time in each other’s homes.
• Personal behaviour: an intimate, exclusive relationship.
• Services: caring for each other, sharing household tasks.
• Social: presenting as a couple to family, friends and community.
• Economic: financial support, shared expenses, joint accounts or property, beneficiary designations.
• Children: raising children together.
• Intentions: whether both expected the relationship to last indefinitely.

If you didn’t live under the same roof

Cohabitation doesn’t require living at one address, and part-time living together isn’t a bar if other signs of a marriage-like relationship are present. But not living together can weigh against a finding, especially where the couple kept separate finances and never told anyone, such as government agencies, that they were common-law. Courts have accepted relationships without public declarations or shared finances where other facts showed more than friendship.

If the relationship had ended

A marriage-like relationship ends when one or both people terminate it. Courts look at the whole history, and on-again, off-again relationships have been found to continue to the death despite separations. See separated spouses.

More than one spouse

A person can die with more than one spouse, for example a wife and a long-term partner. Equally, someone who kept several relationships without committing to any may have no spouse at all.

Evidence to gather now

• Lease, title or mail showing a shared address.
• Tax returns, benefit forms or insurance naming each other as spouse.
• Joint accounts, shared bills, transfers of money.
• Photos, cards, messages and social media over the years.
• Family and friends who saw you as a couple, including at holidays and events.
• Medical records naming you as partner or next of kin.

Mistakes I have seen

• Losing access to shared messages and photos when the deceased’s phone is taken by family.
• Assuming that tax filings as “single” end the claim.
• Families assuming a partner who lived elsewhere can’t be a spouse.

Frequently asked questions

We were together 3 years but only lived together for 18 months. Do I qualify?

Possibly. The question is whether you had a marriage-like relationship for at least 2 years, and living together is one factor, not the whole test.

Does a common-law spouse get the same as a married spouse?

Once status is established, the same wills variation approach applies to both.

Can I afford to bring a claim?

We take suitable wills variation claims and will challenges on contingency.

What should I do right now?

Secure copies of messages, photos and documents showing the relationship, and note the grant date.

We take suitable wills variation claims and will challenges on contingency, so you don’t need savings to bring one. See how to pay for a will challenge.

Book a consultation with our estate litigation lawyers in Surrey, Abbotsford or Vancouver. See also a spouse left too little.

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Sources

• Wills, Estates and Succession Act (s. 2), BC Laws
• Gostlin v. Kergin, 1986 CanLII 164 (BC CA); Weber v. Leclerc, 2015 BCCA 492; Matossian Estate v. Clark Estate, 2024 BCSC 2214, affirmed 2026 BCCA 27; Robledano v. Jacinto, 2018 BCSC 152, 2019 BCCA 150; Re Connor Estate, 2017 BCSC 978; Lemire v. Von Hollen, 2023 BCSC 1348; Boughton v. Widner Estate, 2021 BCSC 325; Re Knelsen Estate, 2020 BCSC 134, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§3.13, 3.20, 10.44, 10.45

This article is general information about BC law, not legal advice for your situation.