According to modern law, how is a spouse treated in terms of inheritance compared to common law?

In modern law, a spouse is treated as a full heir with automatic entitlement to a significant portion of the deceased spouse's estate. This marks a key shift from common law principles where the rights of a spouse were more limited. Under common law, a spouse's inheritance rights were not as robust, and they often received less favorable treatment compared to other potential heirs such as children or parents. In contrast, modern probate laws typically provide for a surviving spouse to inherit a substantial share of the estate, often equal to or greater than that of children, ensuring that they are protected and provided for after the death of their partner.

This treatment reflects the recognition of the marital relationship as fundamentally important in society, which justifies the automatic inclusion of the surviving spouse as a primary heir. The provision for automatic entitlement helps to mitigate the potential for disputes among heirs and supports the financial stability of the surviving spouse after the loss of their partner.