Dealing with the passing of a loved one is already emotionally difficult but imagine adding a dispute over the status of a spouse. Determining who qualifies as a spouse is not only relevant to family law; it can also have significant implications for the distribution of an estate. This blog provides an overview of the law surrounding contested spousal status in estate litigation and what you need to know if you find yourself involved in such a dispute.
Why Spousal Status Matters
Spousal status is crucial in estate litigation because it affects the distribution of assets. In many jurisdictions, spouses are entitled to a significant portion of the estate, sometimes even before other beneficiaries. Establishing or contesting spousal status can therefore impact the financial outcome for all parties involved.
If a person dies without a valid will (intestate), the intestacy rules in the Wills, Estates and Succession Act determine how the estate is distributed. Spouses receive a preferential share or the entire estate, depending on whether there are other surviving descendants.
If the deceased had a will, spousal status is still relevant because spouses can bring a claim to vary the terms of a will if they were not adequately provided for. Only spouses and children of the deceased can bring wills variation claims, so spousal status can become hotly contested.
Understanding Spousal Status
In British Columbia, the Wills, Estates and Succession Act defines “spouse” for the purpose of estate litigation. Two people are considered spouses if they were legally married to each other or if they lived together in a “marriage-like relationship” for at least 2 years.
Legal Spouses
Legal spouses are those who are legally married. This status is usually straightforward to establish with a marriage certificate. However, complications can arise if there are allegations of a divorce or separation or if the marriage itself is contested.
Two people are no longer considered spouses if they have separated. The definition of separation is not always as straightforward as it seems, and people are no longer considered separated if they begin living together again within 1 year of separation for the purpose of reconciliation and they continue to live together for at least 90 days.
Marriage-Like Relationships
Common-law partners or those in a marriage-like relationship can also be considered spouses for estate purposes. Determining whether two people were in a marriage-like relationship is very contextual and fact-specific, and the courts consider many factors. Some of these factors include the duration of the relationship, financial interdependence, shared living arrangements, romantic or sexual relations, and the public perception of the couple as a family unit. These are the same factors that apply in family law cases.
Similar to legally married spouses, people in a marriage-like relationship are no longer considered spouses if they separate.
Common Issues in Contested Spousal Status
1. Disputes Over Relationship Status
One of the most common issues with respect to spousal status is whether a relationship meets the criteria for legal, common-law, or marriage-like status. Because there is often conflicting evidence regarding spousal status, it is important to start gathering as much evidence as possible as soon as you can. Evidence such as joint bank accounts, shared property, and testimony from friends and family can play a critical role in these disputes.
2. Competing Claims
In some cases, multiple individuals may claim spousal status, such as a legal spouse and a common-law partner. These situations can be particularly contentious and require thorough legal examination to determine the rightful spouse.
It is even possible to have more than one “spouse” for the purpose of the Wills, Estates and Succession Act, as the court determined in Mother 1 v. Solus Trust Company, 2019 BCSC 200.
3. Fraud and Undue Influence
Allegations of fraud or undue influence can also arise, especially if there are questions about the legitimacy of the relationship or the intentions of the deceased. Proving such claims requires substantial evidence and can significantly complicate the litigation process.
Legal Assistance is Essential
Given the complexities involved in contested spousal status, seeking legal assistance is crucial. An experienced estate litigation lawyer can help navigate the legal intricacies, gather necessary evidence, and advocate for your interests in court.
Steps to Take
1. Consult a Lawyer Early: The sooner you consult with an estate litigation lawyer, the better your chances of building a strong case.
2. Gather Evidence: Collect any documents or evidence that support your claim to spousal status, such as financial records, correspondence, and witness statements.
3. Understand Your Rights: Your lawyer can help you understand your rights and obligations under the relevant legislation and case law.
Conclusion
Spousal status in estate litigation is a complex and sensitive issue that requires careful legal analysis and strategic planning. Understanding the nuances of spousal status and the potential implications for the distribution of an estate can help you navigate these disputes more effectively. If you find yourself in such a situation, contact us for guidance to protect your rights and achieve a fair outcome.
