Best Survivor Benefits Resource for Common-Law Partners in Nova Scotia

If your common-law partner died in Nova Scotia without a will, and you never formally registered a Domestic Partnership with Nova Scotia Vital Statistics, you are in one of the most legally precarious positions in Canadian estate law. Under the Nova Scotia Intestate Succession Act, you receive absolutely nothing from the estate by default—regardless of how many years you lived together, how intertwined your finances were, or whether you were raising children together. The federal government, however, operates under an entirely different definition of "common-law partner," and that distinction is where your immediate financial options lie.

Understanding this split is not optional. It determines which benefits you can claim immediately without legal intervention, which benefits require administrative proof of your relationship, and which situations require you to stop everything and consult an estate litigation solicitor before another step is taken.

The Federal vs. Provincial Split

The Canada Pension Plan defines a common-law partner as someone who has lived with you in a conjugal relationship for at least one continuous year. That's it. If you meet that definition, you are entitled to the CPP Survivor's Pension, the CPP Children's Benefit (if applicable), the one-time CPP Death Benefit assignment, and the Allowance for the Survivor—all federal programs administered by Service Canada.

The Nova Scotia Intestate Succession Act operates on an entirely different framework. Under that provincial statute, "spouse" means either a legally married spouse or a person who has formally registered a Domestic Partnership with the province. An unregistered common-law partner—regardless of the duration of the relationship—is not a "spouse" for the purposes of provincial intestacy. You inherit nothing. The estate passes to the deceased's children if they have any, or to other relatives if they do not, following a rigid statutory hierarchy that excludes you entirely.

This is not a technicality that affects only a small number of people. Nova Scotia's Domestic Partnership Registry is not widely used. Many couples who consider themselves common-law—and are recognized as such by the federal government—have never heard of the registry and have never registered. If your partner died without a will and you are not registered, you are legally invisible to the provincial estate.

What You Can Still Claim Without a Lawyer

Despite the provincial gap, your federal benefits are real, substantial, and claimable now. None of these require the estate to go through probate or require provincial legal recognition of your relationship.

CPP Survivor's Pension. If you lived with your partner conjugally for at least one year before their death, Service Canada will recognize your common-law status and pay the CPP Survivor's Pension. For survivors over 65, this is up to $904.59 per month in 2026. For survivors under 65, it is a flat-rate component plus 37.5% of the contributor's retirement pension, up to $803.54 per month. You apply using Form ISP1200, along with documentation proving the relationship: a statutory declaration of common-law union, joint bank statements, shared lease or mortgage documents, or a letter from a doctor or clergy member who knows both parties.

CPP Death Benefit. This is a one-time lump sum of $2,500, payable to the estate or to the individual who paid the funeral expenses. You may not receive it directly as a common-law partner unless you paid funeral costs, but you should apply immediately—before the 60-day executor priority window closes.

Allowance for the Survivor. If you are between 60 and 64 years old and your net annual income is below $30,336, you may be eligible for the federal Allowance for the Survivor—up to $1,682.15 per month in tax-free bridging income until you reach 65 and qualify for Old Age Security. This is one of the most valuable and least-known benefits available to surviving common-law partners. Apply through Service Canada.

WCB Death Benefits. If your partner died as a result of a workplace injury or occupational illness, the Workers' Compensation Board of Nova Scotia explicitly recognizes common-law and same-sex partners as surviving spouses for the purposes of death benefits. You are entitled to a $15,000 immediate support payment, a $15,000 burial benefit, and an ongoing monthly pension equal to 85% of your partner's earnings. The WCB definition of common-law partner aligns with the federal definition—one year of conjugal cohabitation—not the provincial intestacy definition.

The Provincial Gap: What You Cannot Claim Without Legal Action

The programs above are yours to claim now. What you cannot access without legal intervention—if there is no will and no Domestic Partnership registration—is any portion of your partner's estate assets held solely in their name.

This includes the family home if it was in their name alone, bank accounts held individually, vehicle titles, investments, and any other assets that do not carry a named beneficiary or right of survivorship. The Intestate Succession Act distributes those assets to the deceased's biological or adopted children first, then to parents and siblings if there are no children. You have no automatic claim.

Your remaining options under provincial law are:

Testators' Family Maintenance Act. This legislation allows certain dependants—including individuals who were being maintained by the deceased at the time of death—to apply to the court for support from the estate. "Dependant" can include a common-law partner who was financially supported by the deceased. The application must be filed in the Nova Scotia Supreme Court, and the outcome is not guaranteed. This is litigation, not administration. You need an estate litigation solicitor.

Unjust enrichment. If you contributed materially to the deceased's property or financial assets during the relationship—for example, if you paid mortgage installments on a home in their name alone, or contributed labour to a business—you may have an equitable claim against the estate for the value of those contributions. This is also litigation, also uncertain, and also requires legal counsel.

Registered Domestic Partnership (if not yet done). If your partner is still living but in poor health, and you have not yet registered, do it immediately. The Nova Scotia Vital Statistics office accepts applications for Domestic Partnership registration, and the protections it confers are significant. This option closes permanently at death.

Who This Resource Is For

• Common-law partners whose partner died in Nova Scotia without a will, who need to understand their federal benefit entitlements immediately while also understanding their legal exposure on provincial estate assets
• Common-law partners navigating the contradiction of being recognized by Service Canada for CPP purposes while being excluded by the provincial Intestate Succession Act
• Surviving partners seeking to document the relationship for CPP survivor pension applications—understanding what Service Canada accepts as proof of a conjugal relationship
• Families of common-law partners trying to understand whether WCB death benefits apply to a workplace-related death, separate from the estate
• Anyone who has been told by a bank or funeral home that they have no authority to act because they are "not the spouse"—who needs to understand what federal rights they still hold

Who This Resource Is NOT For

• Legally married surviving spouses—the Intestate Succession Act provides you a preferential share of the first $50,000 of the estate (plus a defined portion of the residue), and this guide covers your situation fully
• Common-law partners who did formally register a Domestic Partnership with Nova Scotia Vital Statistics—you have the same provincial intestate protections as a married spouse and can proceed with the standard survivor benefits process
• Partners whose situation involves a valid will that names them as a beneficiary—will-based inheritance is handled through probate, and the intestacy gap does not apply
• Common-law partners seeking to file a Testators' Family Maintenance Act claim or an unjust enrichment action—these require an estate litigation solicitor, not a benefits guide

The Honest Tradeoff: Guide vs. Lawyer for Common-Law Partners

A survivor benefits guide is the right tool for the federal layer: CPP applications, WCB claims, the Allowance for the Survivor, understanding what documentation Service Canada requires to recognize a common-law relationship. These are administrative processes with defined forms and sequences.

For the provincial layer—the estate assets held solely in the deceased's name—a guide can explain what the law says and what legal options exist, but it cannot represent you in court and it cannot negotiate with hostile family members who now legally control the estate. You need an estate litigation solicitor for that portion, and you should contact one before any estate assets are distributed or transferred.

The most dangerous mistake in this situation is assuming that because you were recognized by federal programs (CPP, WCB), you are also protected provincially. You may not be. Act on federal benefits immediately. Consult a lawyer on provincial estate assets before anything is distributed.

Frequently Asked Questions

If I lived with my partner for 10 years, am I automatically entitled to survivor benefits in Nova Scotia? For federal benefits—CPP Survivor's Pension, Allowance for the Survivor, WCB death benefits—yes, provided you lived together conjugally for at least one continuous year. For provincial estate assets under the Intestate Succession Act, the duration of your relationship is irrelevant. Without a formal Domestic Partnership registration or a valid will naming you as a beneficiary, you have no automatic provincial entitlement.

What documentation does Service Canada require to recognize a common-law relationship? Service Canada uses a Statutory Declaration of Common-Law Union (Form ISP3101) combined with supporting evidence. Acceptable evidence includes: joint bank account statements, shared lease or mortgage documents, joint ownership records, beneficiary designations on RRSPs or life insurance naming each other, or a letter from a clergy member, physician, or social worker who can attest to the relationship. The declaration must be signed in front of a notary or commissioner of oaths.

Can I use the Testators' Family Maintenance Act claim even if the estate is small? The Act does not specify a minimum estate value. However, legal costs for filing and pursuing a court claim may approach or exceed the value of the relief obtained in very small estates. This is a practical consideration your solicitor should help you evaluate before filing.

What is the 90-day WCB appeal window, and how does it affect me? If the Workers' Compensation Board denies your claim as a surviving common-law partner—for example, because you cannot establish the one-year cohabitation requirement—you have 90 days from the date of the decision to file an appeal. This window was expanded from 30 days under the 2026 legislative amendments to the Workers' Compensation Act. Missing it means permanently forfeiting the $15,000 immediate payment, $15,000 burial benefit, and 85% ongoing pension.

What happens to jointly held assets if my partner dies without a will? Assets held in joint tenancy with right of survivorship—joint bank accounts, jointly held real estate registered as joint tenants—pass directly to you as the surviving joint tenant, outside the estate and outside probate. The Intestate Succession Act's exclusion of common-law partners applies only to assets held solely in the deceased's name. Jointly held assets are yours regardless of your registration status.

What if the deceased's family is threatening to take the house? If the home was registered in the deceased's name alone and there is no will naming you as a beneficiary, the deceased's family may legally be the estate's heirs under intestacy rules. This is an adversarial situation requiring immediate legal advice—specifically from an estate litigation solicitor, not a general practice lawyer. Do not sign anything, do not move out, and do not let anyone remove property from the home until you have spoken with counsel.

Taking Action Now

On federal benefits, start immediately: contact Service Canada, gather your proof of common-law status (joint statements, statutory declaration), and apply for the CPP Survivor's Pension and Allowance for the Survivor if you are 60–64. If the death was workplace-related, contact the WCB simultaneously.

On provincial estate assets: consult an estate litigation solicitor before any estate assets are moved, transferred, or distributed. Do not wait. The window for filing a Testators' Family Maintenance Act claim begins running at death, and delay weakens your position.

The Nova Scotia Survivor Benefits Navigator covers the full federal benefit claim process for common-law partners, including what Service Canada requires as proof, how to apply for the CPP Survivor's Pension and Allowance for the Survivor, and what the WCB claims process involves. It also explains the provincial legal framework clearly and identifies exactly when to escalate to legal counsel—so you are not paying a lawyer to explain administrative forms when you can do that yourself.

See more Nova Scotia guides →