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Avoiding Estate Litigation and Disputes – Boy/Girlfriend or Adult Interdependent Partner?

Posted by Darryl Aarbo — filed in Wills and Estates Law

When does an intimate friendship become a legal relationship with rights and obligations attached? An Adult Interdependent Partner (AIP) is a legally defined terms that most people refer to a “common law partner”.

AIPs have significant rights and obligations to each other upon death. The failure to consider these rights and obligations in a will often leads to litigation. This is often the result of the failure to recognize when your close friend becomes an AIP. “She was just shacked up with him for a few years, why should she get anything!” is a common statement when trying to dismiss the girlfriend when dad dies.
Battle of Wills bw Purple

Also, knowing when an AIP is an AIP is not all there is too it. AIP’s have many defined rights under legislation but then there are property rights that are undefined by legislation, these are found in the “Laws of Equity”. Thus, you may have equitable rights to property even if you are not an AIP. Very old laws about unjust enrichment applied to modern relationship can be like the square pegs and round hole analogy. This area is a minefield of problems.

By Darryl Aarbo of Aarbo Fuldauer LLP

For more information, please contact the law office of Aarbo Fuldauer LLP at:

Address: 3rd Floor, 1131 Kensington Road NW, Calgary, AB, T2N 3P4
Phone: (403) 571-5120
Email: info@aflawyers.ca

Darryl Aarbo
Barrister & Solicitor
www.aflawyers.ca

*The information contained in this blog is not legal advice. It should not be construed as legal advice and should not be relied upon as such. If you require legal assistance, please contact a lawyer*
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