{"id":2442,"date":"2026-11-12T13:48:42","date_gmt":"2026-11-12T13:48:42","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/common-law-spouse-status-estate-bc\/"},"modified":"2026-11-12T13:48:42","modified_gmt":"2026-11-12T13:48:42","slug":"common-law-spouse-status-estate-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/common-law-spouse-status-estate-bc\/","title":{"rendered":"Proving you were a common-law spouse after a death in BC"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 2026<\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 12, 2026: the Wills, Estates and Succession Act (s. 2) and the court decisions cited below checked that day.<\/em><\/p>\n

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The test:<\/strong> you lived with the deceased in a marriage-like relationship for at least 2 years, and it hadn’t ended at death (WESA s. 2).<\/p>\n

Living apart isn’t fatal.<\/strong> Courts look at the whole relationship, not just the address.<\/p>\n

Why it matters:<\/strong> spousal status decides whether you can claim against the will or inherit if there’s no will.<\/p>\n

What courts look at<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who handle these estate files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is a probate, estates and immigration lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

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

What courts look at<\/h2>\n