Not every romantic relationship looks the same; this is especially true for second marriages or marriages later in life. A couple may decide to keep their finances, their social lives, or even their residences separate, but they may nonetheless live together in a relationship akin to marriage.

Under the law in British Columbia, unmarried spouses have the right to inherit from their spouse’s estate, even if they never formally married. This means that, in cases where the deceased did not make a will, it becomes necessary to decide whether the deceased’s romantic partner was their spouse or whether the parties never intended to be spouses.

The court in the recent case of Clark v. Matossian Estate, 2026 BCCA 27 had to contend with this reality. In that case, one partner had been previously divorced and the other had never married. They met in their 40s, when each of them was financially comfortable and each of them was content with their respective homes.

For 38 years, the two were a couple and presented themselves to the world as a committed partnership. They had keys to each other’s residences, but they never lived together. Nonetheless, they ate together, socialized with each other, and each presented the other to the world as their partner. They travelled together and participated in each other’s hobbies.

The Court of Appeal affirmed the trial judge’s decision that the couple were in a marriage-like relationship. This meant that the spouse inherited everything and the deceased’s other potential heir, her brother, inherited nothing.

This case shows the importance of planning your estate. The spouse passed away before the trial of the matter, meaning that he never actually received anything from his longtime partner. The parties were in trial for 13 days, which would have meant tens of thousands of dollars even before the matter proceeded to the appeal. Litigation went on for close to 6 years. If the deceased had made a will setting out her intentions for her estate, none of the litigation would have been necessary.

It is important, especially if you are in a close romantic relationship but are not married, to do your estate planning early. Our lawyers are experienced in planning estate for people in second marriages, people in marriage-like relationships, and for people who are in romantic relationships but do not intend to be treated like each other’s spouses. Planning today will save time and money for your heirs.