Common-law Spouses – Why You Need to Revise Your Will

The old rules for common-law spouses no longer apply for estate planning. 

You may have not worried about mentioning your common-law spouse in your will.

Your lawyer may have told you it was safer not to give your common-law partner anything. You may have even tried to cut your common-law partner out of your will by leaving all your money to your relatives.

Well, that could be a costly mistake.

Common-law spouses, the Supreme Court of Canada says, can successfully sue your estate on the basis of unjust enrichment and constructive trust.

While this has always been the case, the Kerr v Baranow case has said it is more than looking at the exchange of benefits.

The courts must consider if there was a joint family venture. To be continued…