Can a common-law spouse claim under the Wills Variation Act?
British Columbia, Canada
The following excerpt is from Chowdhury v. Argenti et al, 2007 BCSC 1207 (CanLII):
In Janus v. Lachocki, [2001] B.C.J. No. 2551 (S.C.) at para. 71, Holmes J. dismissed the plaintiff’s claim under the Wills Variation Act that she had been a common-law spouse of the deceased: I find on the whole of the evidence, the parties did not generally refer to themselves as being married and were not generally regarded within their communities as actually living common law or in any marriage like relationship.
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