Ask most people in Edmonton what happens to a common-law partner's inheritance if their partner dies without a will, and you'll usually hear the same answer: nothing. The house goes to the kids, or the parents, or gets divided among relatives, and the person who shared a life — and maybe a mortgage — with the deceased is left with no legal claim at all.
That answer is wrong, at least in Alberta.
Alberta's Wills and Succession Act treats a qualifying "adult interdependent partner" — the legal term for what most people call a common-law partner — the same way it treats a married spouse when someone dies without a will. In many situations, a common-law partner inherits the entire estate, exactly as a spouse would.
The real risk isn't the distribution rule. It's whether the relationship actually qualifies as an adult interdependent relationship in the first place — and that question can turn into an expensive, painful argument at exactly the moment a family can least afford one.
Does my common-law partner inherit if I die without a will in Alberta?
Yes — if your relationship qualifies as an adult interdependent relationship under Alberta law, your partner (called an adult interdependent partner, or "AIP") inherits under the Wills and Succession Act on essentially the same footing as a married spouse. This is the opposite of the common assumption that a common-law partner is legally invisible when their partner dies.
Alberta law doesn't actually use the term "common-law partner" in this context. It uses "adult interdependent partner," a defined legal status under the Adult Interdependent Relationships Act. "Common-law" is the everyday phrase people search for and use in conversation, but the statutes that govern inheritance, family property, and dower rights are written around the AIP definition instead. Getting the label right matters, because whether your partner qualifies as an AIP — not whether you call yourselves "common-law" — is what determines their legal rights.
What is an adult interdependent partner in Alberta?
An adult interdependent partner is someone who has entered into a legally recognized relationship of interdependence with you, as defined under Alberta's Adult Interdependent Relationships Act. Generally, a relationship qualifies through one of three routes:
- Three years of cohabitation. You and your partner have lived together in a relationship of interdependence for at least three years.
- A shorter period, if there is a child of the relationship. If you and your partner have a child together, by birth or adoption, a shorter period of cohabitation may be enough.
- A signed adult interdependent partner agreement. You and your partner can formalize the relationship in writing, regardless of how long you've lived together.
None of these routes is automatic or self-proving. Courts and estate administrators look at the actual facts of the relationship — how long you lived together, whether you presented as a couple, how finances were shared, and more. This is where relying on "we've obviously been common-law for years" can go wrong: a properly prepared AIP agreement is the only route that removes the guesswork entirely.
How much does my common-law partner inherit if I die without a will in Alberta?
How much your partner inherits depends on whether you have descendants (children or grandchildren), and whether those descendants are also your partner's — Alberta's intestacy rules range from your partner receiving the entire estate to sharing it with your children, as set out below.
| Family situation | Who inherits, and how much |
|---|---|
| Partner (spouse or AIP) survives; no descendants | Partner inherits the entire estate. |
| Partner survives; all descendants are also the partner's descendants (e.g., children you share) | Partner inherits the entire estate. |
| Partner survives; at least one descendant is not the partner's (e.g., a child from an earlier relationship) | Partner receives the greater of a prescribed amount set by regulation or 50% of the net value of the estate; the remainder goes to the descendants. |
| Both a surviving spouse and a surviving adult interdependent partner (e.g., separated but not divorced, with a new AIP) | The spouse and the AIP split the share described above equally between them. |
Note what's deliberately missing from this table: a dollar figure. The "prescribed amount" referenced above is set by regulation and changes from time to time. Ask your lawyer for the current figure rather than relying on a number you find online — it's easy to cite an outdated amount without realizing it.
One more rule worth knowing: someone who inherits as an adult interdependent partner can't also claim a further share in some other capacity — for example, as a descendant. The AIP share is the share.
What's the real risk for common-law couples in Alberta?
The real risk isn't the distribution formula above — it's proving that your relationship actually qualifies as an adult interdependent relationship when it matters most. If you die without a will and without a signed AIP agreement, your partner may have to demonstrate to the estate, and potentially to a court, that you cohabited for the required period in a relationship of interdependence. That can mean gathering old leases, joint bills, photos, and witness statements while grieving.
A will doesn't just distribute your estate the way you want — it removes that argument entirely. If your partner is named in a properly drafted will, nobody needs to litigate whether three years of cohabitation actually happened; the will speaks for itself. For Edmonton couples who've been together for years without ever formalizing anything on paper, that's often the single best reason to stop relying on the intestacy rules and put a will in place.
Does my common-law partner have dower rights in our home?
No — Alberta's Dower Act applies only to married persons, so it does not extend any dower rights to adult interdependent partners. This is a real, and often surprising, gap between the two areas of law.
A married spouse has dower rights: the right to consent, in writing, before their spouse sells, mortgages, or otherwise disposes of the family home (called the "homestead"), and the right to a life estate in it. None of that applies to a common-law partner, no matter how long the relationship has lasted. Your adult interdependent partner might well inherit a share of your estate under the Wills and Succession Act if you die — but while you're both alive, they have no dower-style veto over what you do with a solely owned home.
This is one of the clearest illustrations of why "common-law" and "married" are not interchangeable under Alberta law, even in situations where the inheritance outcome looks similar on paper.
Common questions
Do we automatically become adult interdependent partners after living together for a certain number of years?
Not automatically in the sense of paperwork appearing on its own — but the relationship can meet the legal definition once the cohabitation period, or one of the other qualifying conditions, is met. Because there's no certificate or registration confirming the date it happened, couples in longer relationships shouldn't assume the question will never come up. A lawyer can help confirm where you currently stand, or prepare an agreement that puts the question beyond argument.
What happens to these inheritance rules if my partner and I separate?
Separation changes the picture, and the details matter enough that they deserve their own conversation with a lawyer rather than a general answer here. Don't assume that simply moving out, or being apart for some period, automatically removes a former partner from your estate one way or the other — confirm your specific situation directly.
Does making a will guarantee my partner receives what I intend?
A properly drafted, validly executed will is the clearest way to direct your estate to your partner and avoid disputes over AIP status — but no will stands complete on its own. Beneficiary designations on things like life insurance, RRSPs, and pensions are handled separately from your will and should be reviewed alongside it, not instead of it.
Practical takeaway
If you're in a common-law relationship in Edmonton or anywhere in Alberta, don't assume the law leaves your partner with nothing — and don't assume it automatically protects them either. Both assumptions can be wrong. The safer path is the same one that applies to married couples: put a will in place that says clearly what you want, confirm — in writing, if needed — that your relationship meets the legal test for an adult interdependent partnership, and review how your home, your beneficiary designations, and your estate plan fit together.
This article is general information only and is not legal advice. If you are in a common-law or adult interdependent relationship in Edmonton or elsewhere in Alberta and want to understand how these rules apply to your situation, speak with a lawyer about your specific circumstances.