In Ontario, a common law partner does not automatically inherit from an estate the way a married spouse does. However, depending on the circumstances, they may have legal rights to make a common law estate claim through dependant support claims, unjust enrichment claims, or by challenging the validity of a will.

If you are dealing with an estate dispute involving a parent’s finances, the presumption of resulting trust may determine whether an asset belongs to one beneficiary or must be returned to the estate.

In Ontario, it is common for parents to add an adult child to a bank account or contribute financially to a major purchase, often with the intention of helping, not gifting. However, when those intentions are not clearly documented, these arrangements can lead to serious legal disputes after death. What often starts as “lending a helping hand” to a parent, or a parent "helping out,” can quickly turn into a contentious legal dispute after death.