Ontario Barrister and Solicitor Practice Exam

Question: 1 / 400

What rights does a common law spouse have if their partner dies intestate?

Right to the entire estate

No rights to the estate

Only the right to personal belongings

Right to make a claim against the estate for support as a dependent

A A common law spouse does not automatically have the right to the entire estate if their partner dies intestate. In some cases, the common law spouse may be entitled to a portion of the estate, but this would depend on the specific laws of the state or country in which the couple resided.

B: This is incorrect because in some jurisdictions, a common law spouse may be considered a legal spouse and have rights to a portion of the estate.

C: While a common law spouse may have the right to personal belongings, this is not the only right they may have in this situation.

D: This is the correct answer because a common law spouse may be able to make a claim against the estate for support as a dependent if their partner dies without a will. This would typically involve proving that the common law spouse was financially dependent on the deceased and requires legal action in court.

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