Many Albertans assume that if a couple does not share a residence, maintain joint bank accounts, or formally document their relationship, they cannot have estate rights. The recent Alberta Court of Appeal decision in Somers Estate (Re), 2025 ABCA 372 demonstrates that the reality is often more complex.
The case provides important guidance on how Alberta courts determine whether two people were Adult Interdependent Partners and why estate disputes can arise when relationships are not formally documented.
What Is an Adult Interdependent Partner?
Under Alberta's Adult Interdependent Relationships Act, a person may qualify as an Adult Interdependent Partner if they have lived with another person in a relationship of interdependence for a continuous period of at least three years. A relationship of interdependence generally involves individuals who share their lives, are emotionally committed to one another, and function as an economic and domestic unit.
The significance of this status extends beyond family law. In estate matters, an Adult Interdependent Partner may have the ability to seek maintenance and support from a deceased partner's estate.
The Dispute in Somers Estate (Re)
The deceased, Dean Somers, died in 2021 leaving a will that had been prepared decades earlier. The will did not mention Linda Kendall, with whom he had been involved in a long-term relationship. Following his death, Kendall sought a declaration that she was Somers' Adult Interdependent Partner and therefore entitled to pursue a support claim against the estate. The estate opposed her application.
One of the central issues was whether the couple could be considered to have been "living together" even though they maintained separate residences.
Living Together Does Not Always Mean Living Under One Roof
A key takeaway from the decision is that Alberta courts take a flexible approach when determining whether parties lived together. The Court of Appeal confirmed that maintaining separate residences does not automatically prevent a finding that two people were living together in a relationship of interdependence.
The Court examined the couple's overall circumstances, including:
- Their lengthy exclusive relationship.
- Their history of residing together.
- Their intentions regarding a shared home.
- Their day-to-day living arrangements.
- Their emotional commitment to one another.
Ultimately, the Court concluded that the evidence supported a finding that they were Adult Interdependent Partners despite the existence of separate residences.
Why Evidence Matters in Estate Claims
The decision also highlights the importance of evidence in estate litigation.
Because the deceased cannot testify, Alberta law generally requires a claimant's evidence about pre-death events to be corroborated by other material evidence. Courts therefore look for independent evidence supporting the nature of the relationship.
In Somers Estate (Re), the Court considered evidence such as:
- Photography.
- Greeting cards.
- Social media posts.
- Financial records.
- Evidence relating to the parties' living arrangements.
The Court found that this evidence helped corroborate the claimant's description of the relationship and supported the conclusion that the parties were emotionally and economically connected.
Separate Finances Do Not End an Interdependent Relationship
Another common misconception is that couples must merge all of their finances to be considered Adult Interdependent Partners.
The Court rejected that idea. It recognized that many couples choose to keep separate bank accounts, separate property ownership, and distinct financial arrangements. Those facts alone do not prevent a finding that a relationship of interdependence existed.
Instead, courts focus on the substance of the relationship rather than checking off a list of formal financial arrangements. Evidence of financial support, contributions to shared living arrangements, and economic cooperation may all be relevant.
What This Means for Alberta Families
The decision serves as an important reminder that estate rights can arise even where a relationship was never formalized through marriage.
For individuals in long-term relationships, it may be worthwhile to review:
- Existing wills.
- Beneficiary designations.
- Adult Interdependent Partner Agreements.
- Estate planning documents.
- Powers of Attorney and Personal Directives.
Failing to update estate plans can lead to uncertainty, family disputes, and costly litigation after death. As Somers Estate (Re) demonstrates, courts will look beyond labels and carefully examine how people actually lived their lives.
Planning Ahead Can Prevent Future Disputes
Estate litigation often arises when a person's legal documents no longer reflect their personal circumstances. Relationships change, families evolve, and financial arrangements become more complex over time.
Regularly reviewing estate planning documents can help ensure that your wishes are clearly documented and may reduce the likelihood of disputes among family members and loved ones after your death.
How MerGen Law Can Help
At MerGen Law, we assist clients with estate planning, estate administration, Adult Interdependent Partner claims, and estate litigation throughout Alberta. Whether you are preparing an estate plan or dealing with a dispute following the death of a loved one, obtaining legal advice early can help clarify your rights and options.
This article is intended for informational purposes only and does not constitute legal advice. Individuals facing concerns about adult interdependent Partners and Estate Claims should seek professional advice tailored to their specific circumstances.