Legal Question in Wills and Trusts in Canada

inheritence

I have been with my partner for ten years, and it's not always been the best relationship. I have wanted to leave many times but have not had the financial abilty to do it. My grandparents have been ill and finalizing their will and we have discussed the inheritence in my name. It would be enough for me to leave my partner and start over. My partner figured I might be thinking this and said that any thing I receive would be half his since we are common law. Is this true?


Asked on 3/13/07, 6:09 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: inheritence

I cannot comment on jurisdictions outside of Alberta. In Alberta if you keep your inheritance separate and apart form all domestic relationships and obligations ( ie do not blend your inheritance in the name or use of any other person, do not give any part to him and do not buy property together using your inheritance) a commonlaw spouse cannot say he owns half.

Don't buy property together using the inheritance, do not put it in a joint account, do not use the income for domestic needs--keep it in your name, alone, and do not spend the income on it for joint expenses.

I do not know/cannot say what your province's rules are. If you have a concern beyond this see a lawyer in your place of residence.

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Answered on 3/14/07, 2:00 am


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