Estate planning law recognizes all kinds of relationships, including domestic relationships or partnerships. When you are in a domestic relationship with another person, you can create an estate plan together so that when one partner dies, the estate plan will determine who will inherit the deceased properties.
However, if a domestic partner dies intestate or without creating a will, what will become of the deceased properties will be handled by the court of law where the domestic couple resides. And often, if provincial law should handle the distribution of a deceased property, some of the property may be handed over to people that the deceased would never have given if they were alive.
Another thing to note is that when the state is left to decide the new ownership of a deceased property, the result can vary, depending on the kind of law that legalized the domestic partnership. Everything we have been saying here summarizes that someone dying without creating an estate plan with their domestic partner can cause many issues and disgruntlement after they pass on.
What do we Mean by Domestic Relationship or Partnership?
A domestic partnership is a legal relationship between two people who are not married to each other or anyone else. This type of relationship involves two people who live together (debatable), have a common domestic life, and are in a sexual relationship but are not married. Since they are not married, their relationship is usually made legal by country or provincial law. This form of relationship can also be referred to as a civil union or civil partnership, which is common among same-sex couples.
Before this kind of relationship is made legal, the couples must have passed the requirements of the law. Another thing to note is that two people in a domestic partnership can enjoy almost the same benefits that legally married couples enjoy. For example, they are also eligible for the right of survivorship, hospital visitations, etc.
However, provincial/country and municipalities law regarding domestic relationship varies. As such, the distribution of a deceased partner’s property will be handled in line with the state or municipality law that legalized their relationship.
Domestic Partnerships Authorized by Municipal Law
In a domestic relationship authorized by a county or provincial law, the benefits a domestic partner enjoys are limited. In municipal law, the surviving partner does not inherit all the property when a domestic partner dies. Instead, the property will be passed down to the deceased’s surviving heir (children).
But notwithstanding, surviving partners under municipal law also enjoy some benefits. For example, they typically have a say in their partner’s health care and are eligible for the right of survivorship, provided the deceased has no surviving heir. The only downside is that those benefits only apply within the municipality.
Domestic Partnerships Authorized by a Country Law
Unlike municipal law, partners who have their domestic relationship legalized by the country law can enjoy additional benefits such as rights to inheritance, etc. The term “Inheritance right” is almost self-explanatory. An inheritance right gives partners the same inheritance rights as spouses. You will be entitled to the same inheritance as a spouse in a marriage. However, only some countries have domestic partnership laws. In places where they don’t, neither you nor your domestic partner will be eligible for inheritance rights; instead, the inheritance will be distributed to the beneficiaries in accordance with the deceased Will (if there is any)
What Happens if Your Domestic Partner Dies Without a Will?
Although this provision varies worldwide, when a domestic partner dies intestate, a surviving partner will inherit one-third of the partner’s property in most cases. It doesn’t matter where the domestic partnership was legalized. As long as you and your partner are named as joint tenants of a property or properties, such property will be given to the surviving partner (rights of survivorship).
Also, when a domestic partner dies intestate and is survived by children, only half of the estate will go to the surviving partner, while the other half will be divided equally among the children. Conversely, when the deceased has no children, and instead, he’s survived by his partner, then the entire estate will go to such an entity.
In addition, the situation can become very complicated when a domestic partner dies intestate after starting a new relationship without finalizing their divorce from a previous partner. Hence, the best way to go about this is to speak to a legal expert for proper guidance.
Lastly, before a surviving partner can administer an estate, such an individual must go to the Probate Registry of the supreme court to file for Letters of Administration. The purpose of doing that is to clarify their status as the legal domestic partner of the deceased.
Conclusion
Losing a loved one is never easy to deal with because you will be drained physically, mentally, and emotionally. It gets even worse when the deceased dies intestate. You can imagine how tough and mentally challenging it will be for a grieving partner to obtain a declaration of domestic partnership and other necessary things before he/she can administer the estate.
And this is enough reason why partners (irrespective of the kind of relationship) must find time to plan their estate, as this will save a lot of stress and disgruntlement when one of the partners passes on.
If you or your partner needs help setting up a will or updating an existing document, consider working with Saanichton Law Group attorneys, who can guide you through the process. We have over 25 years of experience assisting families to navigate these matters and assess their unique circumstances in order to determine the most appropriate course of action for them going forward. Contact us at 2505440727 to schedule a consultation today!
