Estate administration

Who is Considered a Common-law Spouse?

As of April 1, 1999, the Estate Administration Act defines common-law spouse as:

  • a person who is united to another person by a marriage that, although not a legal marriage, is valid by common law, or
  • a person who has cohabitated with another person as a couple for a least 12 months immediately before the other person’s death.

Additional Terms Related to Estate Administration (not included in List of Key Words publication)

Codicil – A formal supplement or an addition to the will made by the testator. It modifies, adds, subtracts from, qualifies, alters, restrains or revokes provisions in a will. It must be prepared and executed in the same manner as a will.

To Devise or Bequeath – To give a gift (can be worded in a will as “I give”).

Holograph Will – A will written entirely in the handwriting of the deceased and signed and dated by him or her is considered a valid will in Yukon. A holograph will does not require a signature by a witness. Will forms purchased in stationary stores are not holograph wills.