Many Albertans assume that if two people live together in a committed relationship, they will automatically inherit from one another if one partner dies without a will.
However, Alberta's legislation contains specific requirements that must be met before someone qualifies as an Adult Interdependent Partner ("AIP"). The recent decision in Smith Estate (Re), 2026 ABKB 328 demonstrates that cohabitation alone may not be enough.
The case highlights the importance of understanding Alberta's AIP rules and the consequences that can arise when someone dies intestate.
The Background
Trevor Richard Smith died in 2025 without a will and without any children.
His former spouse, Stacy Smith, had been married to him from 2004 until their divorce in 2020. After the divorce, the parties unsuccessfully attempted reconciliation on more than one occasion. In November 2023, Stacy moved back into Trevor's home and remained there until his death.
Following Trevor's death, Stacy applied for and received a grant of administration, claiming that she was Trevor's Adult Interdependent Partner and therefore entitled to inherit his entire estate.
Trevor's father challenged that claim, arguing that Stacy did not meet the legal requirements to qualify as an AIP.
Why Adult Interdependent Partner Status Matters
Under Alberta's Wills and Succession Act, when a person dies intestate leaving no descendants but leaving a surviving spouse or Adult Interdependent Partner, that spouse or AIP generally inherits the entire estate.
AIP status can therefore have enormous consequences for:
- Who inherits an estate;
- Who has priority to administer the estate;
- Who controls estate assets; and
- Whether other family members receive anything at all.
What Is an Adult Interdependent Partner?
Alberta law recognizes several ways people can become Adult Interdependent Partners.
In many situations, the most commonly relied upon requirement is that the parties:
- Lived together in a relationship of interdependence; and
- Did so continuously for at least three years.
There are exceptions where:
- The parties have a child together; or
- They execute a formal Adult Interdependent Partner Agreement.
Neither exception applied in Smith Estate.
The Three-Year Requirement Proved Fatal
The Court ultimately focused on one question:
Had the parties lived together in a qualifying relationship for at least three continuous years before Trevor's death?
The answer was no.
Even accepting Stacy's evidence at its highest, the earliest possible date for the re-established relationship was November 2023, when she moved back into Trevor's home. Trevor died in May 2025.
That amounted to approximately 18.5 months of cohabitation, far short of the three-year statutory requirement.
As a result, the Court concluded that she was not Trevor's Adult Interdependent Partner at the time of his death.
The Nature of the Relationship Was Not Enough
An interesting feature of the case is that the Court largely avoided deciding whether the relationship itself had become sufficiently interdependent.
Stacy presented evidence suggesting that the parties had resumed a committed partnership.
However, the Court concluded that it did not need to determine that issue because the statutory duration requirement alone defeated the claim.
Even if the relationship had become fully committed and interdependent, the three-year minimum period still had not been met.
The decision illustrates that satisfying one part of the legal test is not enough if another mandatory element remains absent.
Administration of the Estate
The Court's decision affected more than inheritance rights.
Because Stacy was not an Adult Interdependent Partner, she lost priority to administer the estate.
Under Alberta's Estate Administration Act, surviving spouses and Adult Interdependent Partners generally receive first priority for appointment as administrator of an intestate estate.
Without AIP status, Stacy fell much lower in the statutory priority scheme. Trevor's father therefore had priority to administer the estate.
The Court removed Stacy and directed that Trevor's father be appointed in her place.
Why This Decision Matters
The case highlights a common misconception.
People often assume that:
- Living together;
- Sharing expenses;
- Providing emotional support; or
- Resuming a romantic relationship
will automatically create inheritance rights.
In Alberta, however, legal status frequently depends on meeting specific statutory requirements. Courts cannot simply ignore those requirements because a relationship appears committed or long-term.
Practical Lessons for Alberta Families
Do Not Assume Cohabitation Creates Inheritance Rights
Living together may not be enough to establish Adult Interdependent Partner status.
Consider an Adult Interdependent Partner Agreement
Where appropriate, a properly executed agreement can establish AIP status without requiring three years of cohabitation.
Have an Up-to-Date Will
A valid will can often avoid uncertainty and disputes about intestacy rights.
Review Estate Plans After Separation or Reconciliation
Relationship changes frequently affect estate planning and beneficiary intentions.
Understand Who Has Priority to Administer an Estate
A dispute about relationship status may also become a dispute about who controls the administration of the estate.
The Bottom Line
Smith Estate (Re) is a reminder that relationship status and inheritance rights are not always determined by how parties viewed their relationship. Alberta's legislation establishes specific requirements that must be satisfied before someone qualifies as an Adult Interdependent Partner. Where those requirements are not met, significant inheritance and administration rights may be lost.
For individuals in common-law or post-separation relationships, proactive estate planning can help avoid uncertainty and ensure that assets pass according to their wishes.
MerGen Law is Here to Help You
At MerGen Law, we assist clients throughout Alberta with estate planning, Adult Interdependent Partner claims, intestate estates, estate administration, and estate litigation. Whether you are dealing with questions about inheritance rights, relationship status, or estate administration, we are here to help.
This article is intended for informational purposes only and does not constitute legal advice. Individuals facing concerns about wills and estates should seek professional advice tailored to their specific circumstances.