Change inheritance laws for common-law partners in Ontario

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The Issue

After losing my partner, I discovered a harsh reality — despite years of building a life together and being recognized as common-law partners for other legal and governmental purposes, I had no automatic inheritance rights simply because there was no will. This deeply personal experience revealed a critical gap in our legal system, and no one should have to endure this while planning a funeral or grieving the loss of a loved one.

In Ontario, there is a glaring inconsistency. While common-law partners are acknowledged for taxes, pensions, and numerous government benefits, they are shockingly left vulnerable when their partner dies intestate (without a will). The existing legislation does not automatically recognize the rights of surviving common-law partners to inherit if a will was not prepared, forcing many to face unexpected financial and emotional hardships during already distressing times.

Statistics indicate that over 3.3 million Canadians live in common-law relationships, and this number continues to grow. With a significant portion of Ontario’s population comprised of common-law partnerships, isn’t it time we addressed this legal oversight?

The inconsistency not only leaves many without financial security but also undermines the legitimacy of their relationships in the eyes of the law. Our laws need to evolve with societal norms, recognizing the dynamic forms of familial structures without requiring court battles to validate them.

The solution is straightforward: amend Ontario’s succession laws to provide common-law partners with the same rights as married couples when it comes to inheritance in the absence of a will. This revision will honor the commitments made in life and extend fairness and dignity to surviving partners.

Join me in calling on the Government of Ontario and relevant lawmakers to take immediate action and amend these outdated and unfair inheritance laws. Let us ensure no one else will have to face this unjust and painful situation. Sign this petition to demand a change in the legal recognition of common-law partnerships regarding inheritance rights, so surviving partners are protected and loved ones’ legacies honored.

avatar of the starter
Leslie-Ann GuineyPetition StarterI’m a passionate advocate from Ontario. After experiencing challenges that can arise when common-law partners are not recognized under Ontario’s inheritance laws, I became committed to raising awareness and advocating for legislative change.

The Decision Makers

Ontario Legislative Assembly
Ontario Legislative Assembly

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