Ontario Barrister and Solicitor Practice Exam

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

1. Right to the entire estate

2. No rights to the estate

3. Only the right to personal belongings

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

The correct answer is: 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.