In Newfoundland and Labrador, if you pass away without a Will your estate is distributed according to provincial legislation, the Intestate Succession Act. Under this legislation, your Common Law partner will not get anything from your estate. The Act provides for your legal husband/wife and your children but a Common Law partner will be left with nothing, for example:
If you die with a legal spouse and one child:
50% of your estate goes to your spouse; and
50% of your estate goes to your children;
If you die with a legal spouse and multiple children;
33.33% of your estate goes to you spouse; and
66.67% of your estate is divided equally between your children;
If you die with a legal spouse but no children:
Everything goes to your spouse;
If you die with no legal spouse but leave children:
Everything will be divided into equal portions for each of your children.
By making a valid Will, you can protect your Common Law partner in the event of your death. If you pass away without a Will and leave a Common Law partner, that person might be able to get something if he/she sues your estate under the doctrine of unjust enrichment, as it would be unfair to leave him/her with nothing. However, there is no guarantee that he/she will be successful and a law suit can be a long and expensive process. The best way to provide for and protect your partner is to make a Will.
—Melanie
*Please remember that the information provided here is not legal advice. Its purpose is only to provide general information. The facts of each case are different so any questions should be directed to your lawyer.