jobop

I was wondering if a common law has any rights in Canada?

We have our FSW permanent residency visa (CORPR) and are due to land in Vancouver in Sept this year, I was the principal applicant and my boyfriend of over 14 years went on as my common law.

So question is as its just he two of us going, no kids and all relatives will be staying in the UK, e.g. parents, what happens if one of us has a serious accident? Would they need to contact an immediate family member first or would we be allowed to see each other / be able to advise?

Or is it best to get a Will? If a will is needed then should this be done UK or Canada side seeing as we will be PRs?

I guess we just want to cover the simple things, as in if something horrible happens to one of us then we have the right to see each other in hospital.

This part is where a Will is needed - we do not have joint bank accounts (never have) it just suits us that way, so I guess that we want to make sure that if, god forbid, something really bad happens then the other one gets left the others assets. We intend to rent first and then buy a house a year or so alone the road so no what you would call major assets as yet.

We have never had a Will before in the UK but as we are now moving away I was thinking we need to get this sorted, its just really knowing if we need to do this UK or Canada side or both? I have a general idea of what a Will costs in the UK but if getting a Will in Canada does any one know an estimated cost?

scrubbedexpat091

In BC the law recently changed, after have lived in marriage like relationship for 2 years or more, the same rights and responsibilities apply as if you are married.

The law will vary by province as to what rights if any one has a common law.

Aviator

Get wills, otherwise you risk problems and probate. We put everything in joint names (incl vehicles), rrsp & TFSA have named beneficiaries and have wills.

http://www.cba.org/BC/public_media/wills/177.aspx

http://www.attorneygeneral.jus.gov.o...e_planning.asp
http://www2.gov.bc.ca/gov/topic.page...CA94A6EF2CFF37

jobop

As Jsmth321 said even if it is now law in BC I also think perhaps a Will is a good idea to have as a back up.

I am guessing we would do this Canada side, thanks for the links as well will take a look now

Aviator

The law gives common law the same rights as married, it does not change how the estate is handled if you don't have a will, in either case, die without a will you could be in a whole lot of bother.

lf1

My experience is from Alberta living in a common law relationship. To address the disposal of assets upon the demise of one or both of you then a Will is recommended. To address the the health/serious injury side then a Personal Directive should be considered along with a Power of Attorney, to deal with the financial issues should you or your partner become unable to deal with such matters.

It is advisable to have the papers drawn up in the province in which you will be resident. I imagine that most lawyers will recommend all three documents and of course the terminology used may differ by province.

Best of luck with your move

MillieF

Get a Will. Anywhere or wherever you have lived and still have property or investments. It all seems pretty unimportant before it happens, bet when you have a problem, you just want to not have one of the couple to go into a great rigmarole

Almost Canadian

A will is only activated if one of you dies. It has no effect until the testator dies.

If the OP is looking to deal with non death issues, a personal directive or a power of attorney is what is required. What is it that the OP is attempting to deal with?

The OP appears to be concerned with issues surrounding real property. If this is the case, simply purchasing it as joint tenants should achieve what they are seeking.