Common-Law Partner Rights in Alberta: Navigating Estate Claims and Adult Interdependent Relationships

Common-Law Partner Rights in Alberta: Understanding Adult Interdependent Relationships and Estate Claims

Understanding your entitlements as a common-law partner in Alberta is critical—especially when it comes to estate disputes after a partner passes away. Under Alberta’s Adult Interdependent Relationships Act (AIRA), common-law partners are known as adult interdependent partners and may be eligible to claim maintenance and support from an estate.

TL;DR

In Alberta, common-law partners—legally recognized as adult interdependent partners—may be entitled to claim support from a deceased partner’s estate. A recent appeal case confirmed how courts assess relationships under the AIRA, emphasizing the importance of defining and documenting non-traditional partnerships.

Background: A Real-World Legal Dispute

Case Overview

The case centers around a claim filed by a woman following the death of her longtime partner, Mr. Somers. The respondent requested a court declaration recognizing her as Mr. Somers’ adult interdependent partner at the time of his death, making her eligible to claim support under Alberta estate law.

Key Facts

The couple had cohabitated for several years.
They shared finances and daily responsibilities.
No marriage or written agreement confirmed their status.

After Mr. Somers’ passing, the respondent brought her case before the courts to secure her right to claim from his estate.

Legal Rights of Common-Law Partners in Alberta (Under AIRA)

What Is the Adult Interdependent Relationships Act?

The Adult Interdependent Relationships Act (AIRA) governs legal recognition of long-term, marriage-like relationships in Alberta—whether or not a couple is married. Under AIRA, individuals may be considered adult interdependent partners (AIPs) if they meet any of the following criteria:

Have lived together in a relationship of interdependence for at least 3 years
Have a child together (by birth or adoption)
Entered into a valid Adult Interdependent Partner Agreement

This legal designation provides rights and obligations similar to marriage in certain contexts, including estate claims, support, and maintenance.

The Family Maintenance and Support Act (FMSA)

Once an individual is recognized as an AIP, Alberta’s Family Maintenance and Support Act (FMSA) enables them to claim maintenance and support from the estate of their deceased partner. Claim eligibility depends heavily on proving interdependence under AIRA definitions.

Turning Point: The Chambers Decision

Respondent’s Legal Action

The respondent applied for legal recognition of her relationship to Mr. Somers under the AIRA. This declaration was necessary to establish her right to claim estate support under the FMSA.

Crucial Court Evidence

To meet AIRA’s threshold, the respondent presented evidence that demonstrated:

Long-term cohabitation
Emotional reliance and a shared life
Financial interdependence (e.g., shared assets or expenses)

Judicial Findings

The Chambers judge found that the relationship met AIRA’s test for interdependence. As a result, the respondent was formally recognized as Mr. Somers’ AIP, making her eligible for estate support.

What Happened in the Alberta Estate Appeal Case?

Why the Case Was Appealed

The estate, represented by the appellant, challenged the decision, claiming that the Chambers judge:

Misapplied the test for adult interdependence
Overestimated the duration of cohabitation
Incorrectly weighed the evidence regarding their relationship

Appeal Court’s Ruling

The Appeal Court applied a deferential standard, giving weight to the Chambers judge’s factual analysis and credibility assessments. The appellate judges upheld the original decision, reinforcing the legal guidelines used to determine adult interdependent status.

Final Outcome (Appeal Decision Date: August 2023)

The declaration of adult interdependence stood. The respondent retained her right to seek maintenance and support from Mr. Somers’ estate—cementing her legal place as a common-law partner under Alberta law.

How This Case Impacts Estate Planning for Common-Law Partners

Lessons for Families and Practitioners

This legal dispute carries several practical takeaways for couples and estate planners:

Clearly define your relationship. Using a formal Adult Interdependent Partner Agreement avoids ambiguity.
Integrate AIP status into your estate plans. Adjust wills and beneficiary designations accordingly.
Document shared life factors. This includes cohabitation periods, joint finances, and emergency contact forms.

Preventative Measures Every Couple Should Consider

Alberta couples who choose not to marry should consider these actions:

Draft a written AIP Agreement. It’s faster and easier than litigation.
Maintain joint financial records. Shared leases, bank accounts, or bills create paper trails of interdependence.
Review and update wills regularly. Failing to name a common-law partner could exclude them from the estate.

Frequently Asked Questions (FAQs)

What qualifies as an adult interdependent relationship in Alberta?

A relationship where two unmarried people have lived together in interdependence for at least three years, have a child together, or have signed an Adult Interdependent Partner Agreement.

Can a common-law partner claim from an estate in Alberta?

Yes. If they qualify as an adult interdependent partner, they may claim maintenance and support from their deceased partner’s estate under Alberta law.

What legal documents should common-law partners have in Alberta?

An Adult Interdependent Partner Agreement
Wills designating each other as beneficiaries
Joint ownership documents for property and finances

How do courts determine adult interdependent partner status?

Courts assess living arrangements, financial dependence, emotional connection, and other shared responsibilities to determine whether a relationship meets AIRA’s requirements.

Broader Legal Landscape in Canada

Growing Recognition Across Provinces

Provinces across Canada have evolved to recognize non-married spouses in estate disputes. This trend reflects societal changes toward diverse family structures and has prompted legislative frameworks to close the gap between traditional and common-law relationships.

Impacts on Blended Families & Unwritten Agreements

This Alberta case sets precedent for future estate claims involving blended families, co-parenting partners, or situations lacking formal documentation. It makes clear the importance of intentional legal documentation—even in longstanding relationships.

Continue Your Family Law Journey

In Alberta’s evolving recognition of adult interdependent partnerships, having direct access to targeted resources helps families translate legal concepts into practical steps for estate planning and support claims. The right tools can clarify status, protect entitlements, and guide you through posthumous considerations.

Conclusion

This Alberta appeal solidifies the legal rights of common-law spouses seeking estate support under the Adult Interdependent Relationships Act. For couples who choose not to marry, formalizing their status through agreements and proactive estate planning is essential. These steps not only protect legal entitlements but also streamline potential claims during emotionally difficult times.

Need guidance on protecting your rights as a common-law partner? Speak with an Alberta estate lawyer about Adult Interdependent Partner Agreements and strategies for safeguarding your entitlements.

Legal Note: This article provides general information for educational purposes only and does not constitute legal advice. For personalized guidance, consult a qualified family or estate lawyer in Alberta.