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When it comes to inheritance, is a common law spouse entitled to the same rights as a married spouse?

The legislation only allows a common law spouse to sue the Estate and seek support as a dependant. There is no statutory right to an inheritance or to property through an equalization payment.

Clearly, a common law spouse has fewer rights than she otherwise would have if she had been married.

In one case heard before the Supreme Court of Canada it seems that this different treatment does not offend the Charter of Rights and Freedoms.

For more information about this question please see this detailed article or a summary published in The Jewish Tribune.

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