Why B.C. Estate Law May Recognize More Than One Spouse

Estate law in British Columbia has a few surprises, and one of the biggest is that a person can die leaving more than one legally recognized spouse. Under the Wills, Estates and Succession Act (“WESA”), it is legally possible for a deceased person to have more than one spouse at the same time, a reality that can significantly affect wills, intestate estates, and estate litigation.

Understanding how WESA defines “spouse” and the circumstances that can create multiple spouses is essential for both effective estate planning and anticipating potential disputes.

The WESA Definition of “Spouse”

WESA adopts a broad and modern definition of “spouse.” A person is considered a spouse if, immediately before the deceased’s death, they were:

• Married to the deceased, or
• Living with the deceased in a marriage-like relationship for at least two years.

Importantly, WESA does not require exclusivity. A married spouse does not lose their status simply because the deceased was also in a long-term marriage-like relationship with someone else.

How Multiple Spouses Can Exist at the Same Time

A notable example of the deceased having multiple spouses emerged in the case Boughton v. Widner Estate, 2021 BCSC 325.

In this case, a man was legally married to his wife but also lived in a long-term relationship with another partner for many years. The long-term partner knew he was married and believed he would divorce his wife and marry her. Meanwhile, the man’s wife had no idea of the other relationship. At death, both women were found to qualify as spouses under WESA.

In this scenario:

• The wife remained a spouse because herself and the deceased had not separated at the time of his death.
• The long-term partner qualified as a spouse because she and the deceased had lived together in a marriage-like relationship for at least two years.

Because both met WESA’s definition of “spouse,” each was entitled to a share of the estate.

When Two Spouses Meet One Estate

When there is more than one recognized spouse, the estate can quickly become a complicated place. In a wills variation claim, both may have standing to challenge the will. Even routine administration becomes more complex when an executor must navigate overlapping rights and expectations.

WESA’s broad framework accepts that people’s lives can be complicated, and estates sometimes reflect that complexity. Multiple spouses are simply one example of how the statute applies those principles.