I live in Nova Scotia Canada. I had lived with a man from Nov 1999 until Nov 2009. When we split we were still friends. He passed away in June. His ex-wife stated she would get the survivor benefit at the funeral. I was stunned as I had been the person he lived with for the last 10 years. I called Service Canada, explained about the our living arrangement and the person I spoke to told me to make an application for the survivor benefit as rightfully it belonged to me.
I made application 20 sept. After waiting 7 weeks I called and asked about the application. I was told that I was sent some paperwork as they required more information of the commonlaw relationship. I asked them to resend as I hadn't recieved it. The new paperwork I to resend back was a statutory declaration of common law union. I filled out this paperwork and resent to Service Canada on Tuesday. Less than a week later I get a letter back from service canada stating I do not quailfy for this benefit. Reason that I was not in a common law with the deceased at the time of his death.
My question: If we had been legally married I would have been entitled to this benefit. Neither one of us entered into any relationship after we split. If we had married we would not have been divorced at the time of his death. We still own property together. I thought common law would be treated as equally as a married spouse? Would it be to my benefit to persue this with an attorney? Thanks for any help
Gail
I made application 20 sept. After waiting 7 weeks I called and asked about the application. I was told that I was sent some paperwork as they required more information of the commonlaw relationship. I asked them to resend as I hadn't recieved it. The new paperwork I to resend back was a statutory declaration of common law union. I filled out this paperwork and resent to Service Canada on Tuesday. Less than a week later I get a letter back from service canada stating I do not quailfy for this benefit. Reason that I was not in a common law with the deceased at the time of his death.
My question: If we had been legally married I would have been entitled to this benefit. Neither one of us entered into any relationship after we split. If we had married we would not have been divorced at the time of his death. We still own property together. I thought common law would be treated as equally as a married spouse? Would it be to my benefit to persue this with an attorney? Thanks for any help
Gail
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