Estate planning is a deeply personal process, allowing you to ensure that your assets are distributed according to your wishes after your passing. One common question that arises is whether you can name your common-law partner as a beneficiary in your will. In British Columbia, the answer is yes, but there are important considerations to keep in mind.
Naming Your Common-Law Partner as a Beneficiary
You have the legal right to designate any individual, including your common-law partner, as a beneficiary of your estate. This means that your common-law partner can inherit assets such as property, financial accounts, or personal belongings according to the instructions laid out in your will. However, ensuring that your will is properly drafted and clearly reflects your intentions is crucial to avoid any potential disputes or challenges.
Drafting and Executing a Will
To safeguard your wishes, it’s essential that your will is drafted with precision and legally executed. A well-drafted will should leave no room for ambiguity, clearly identifying beneficiaries and outlining how your assets should be divided. This is particularly important when naming a common-law partner as a beneficiary, as their legal standing may be scrutinized in the event of a challenge.
In British Columbia, a common-law relationship is recognized after two years of living together in a marriage-like relationship. Despite this recognition, the importance of a clear and legally sound will cannot be overstated.
Considerations for Dependents
While you have the freedom to name your common-law partner as a beneficiary, it’s important to consider the rights of other dependents, such as a spouse or children. Under the Wills, Estates and Succession Act (WESA), dependents who feel they have not been adequately provided for may have the right to challenge your will in court. The court has the authority to vary the terms of your will if it determines that sufficient provision has not been made for their proper maintenance and support.
This means that if you have a spouse or children who are not included as beneficiaries or who receive a lesser share, they could potentially contest your will. To minimize the risk of a successful challenge, it’s advisable to seek legal counsel when drafting your will, especially if your estate plan includes providing for a common-law partner at the expense of other dependents.
How Northam Law Can Help
Estate planning involving common-law partners can be complex, particularly when it intersects with the rights of other family members. At Northam Law, we understand the intricacies of estate planning and are here to help you create a will that reflects your intentions while safeguarding your loved ones’ rights. Our team can guide you through the process, ensuring that your common-law partner is properly provided for and that your estate plan is legally sound.
Final Thoughts
Naming your common-law partner as a beneficiary is not only possible but fully within your rights. However, given the potential for disputes, it’s crucial to approach estate planning with care. By taking the necessary steps to draft a clear and comprehensive will, you can help ensure that your wishes are honored and that your common-law partner receives the inheritance you intend for them.
For more general information on estate planning in British Columbia, visit the Government of British Columbia – Estate Planning page.
Read other Frequently Asked Questions about Estate Planning:
What happens if I die without a Will?
Adding or removing someone from your property title – Pros and Cons
