Many people assume that common-law partners in Ontario have the same inheritance rights as married spouses—but this is not the case. In this video, Ontario wills and estates lawyer Colleen Dermody addresses a key gap in Ontario estate law: the Succession Law Reform Act does not recognize common-law spouses in its definition of “spouse.” This means that if someone in a common-law relationship dies without a will, their partner has no automatic right to inherit. Instead, the estate is distributed based on a statutory order of relatives, which may not reflect the deceased’s actual intentions.

Colleen emphasizes why having a will is essential, especially for individuals in common-law relationships. Without one, loved ones may face added stress and legal hurdles during an already difficult time. We also touch on how wills serve as a way to direct your property, protect your dependents, and reduce complications for your family after death.

Although conversations about death can be uncomfortable, this video encourages a thoughtful and proactive approach to estate planning. Creating a will is not just a legal formality—it’s a way to provide clarity, minimize uncertainty, and honour your personal wishes.

Colleen Dermody joined Devry Smith Frank LLP (‘DSF’) as an associate lawyer in our real estate and wills and estates groups, practicing from our Haliburton location. She holds a BPHE (Hons) and MPA from Queen’s University, along with a JD from the University of Windsor. She was called to the Bar in 2022.

At DSF, Colleen’s practice involves a variety of real estate matters with particular emphasis on residential purchase and sale transactions, including cottage properties. Colleen’s wills and estates practice encompasses all aspects of estate planning and administration. Colleen believes it is important to get to know her clients so she can provide tailored advice to help them navigate the complicated estate division process during a time of grief.

To start the process of creating your will, you can contact Colleen Dermody in our wills and estates department by emailing info@devrylaw.ca or calling 416-449-1400.