Who Is a Spouse in Estate Law — and What Happens If You’re Disinherited?
When a loved one dies, if they have a Will, it is the first place to look to guide the distribution of their estate. However, sometimes, a will-maker leaves little or nothing to their spouse (including common-law partners). In British Columbia, understanding who qualifies as a “spouse” and what rights flow from that status can mean the difference between receiving an inheritance and having no legal standing at all.
Why Spousal Status Matters
In BC, a spouse has important legal rights after the death of their partner:
Under section 60 of the Wills, Estates and Succession Act (WESA), a spouse can bring a wills variation claim if the will does not adequately provide for their maintenance and support. This means the court can order changes to the will to make provision it considers “adequate, just and equitable.”
If there is no valid will (intestacy), a spouse is entitled to either the entire estate or a significant preferential share before the remainder is divided among descendants.
Spousal status affects many estate matters beyond wills variation, including notice rights, priority to administer an estate, and limitation periods for bringing claims.
Being recognized as a spouse is therefore the first legal hurdle before any entitlement can be assessed.
How “Spouse” Is Defined in BC
Under WESA, a person is a spouse if one of the following applies:
They were legally married to the deceased; or
They lived together in a marriage-like relationship for at least two years prior to the relevant time (normally the date of death) and that relationship had not been terminated.
This definition applies regardless of whether the couple was same-sex or opposite-sex. A person may also have more than one spouse at any given time.
Importantly, the law does not require that the two-year cohabitation be immediately before death — it can be at any time, provided it meets the statutory criteria.
Marriage-Like Relationships: What Counts?
BC courts take a holistic approach to determining whether a relationship was “marriage-like.” There’s no fixed checklist, but key factors often include:
Shared lives that resemble typical married partners
Cohabitation over a sustained period
Evidence of a family unit, including financial interdependence or shared household responsibilities
Intentions and interactions that signal a long-term relationship rather than casual dating.
Simply living together — without these deeper indicators — may not meet the standard. The onus is on the claimant to prove spousal status, and defendants often challenge claims by arguing the relationship was only that of roommates, friends, or caregivers.
What Happens If You’re Not a “Spouse”?
If an individual does not qualify as a spouse, they cannot bring a wills variation claim or share in an intestate estate as a spouse. In those cases, alternative remedies may exist — such as unjust enrichment or promissory estoppel — but those claims are generally harder to prove and do not guarantee an inheritance.
If you believe you may have been wrongfully excluded from a will, or your spousal status is disputed, speaking with an estate lawyer early can clarify your rights and preserve time-sensitive legal options.
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Written by Sara Albert, Albert & Co. Law LLP, February 27, 2026.
© Albert & Co. Law LLP. The contents of this article do not constitute legal advice. Readers should seek legal advice in relation to their own specific circumstances.
