In Lynk v Bennett Estate, a common law spouse brought an unjust enrichment claim against her late partner’s estate

The Deceased, Mr. Bennett, had separated from his wife, Mrs. Bennett in 2004 but never divorced.  He entered into a common law relationship with Ms. Lynk.  They resided together for 15 years until his death.

Mr. Bennett died without a will.  Mrs. Bennett applied to administer his estate.

At the time of his death, Mr. Bennett and Ms. Lynk owned a property together as joint tenants. This property passed to Ms. Lynk by right of survivorship. However, there was an adjacent back land parcel (the “Back Parcel”) in which title was held alone by Mr. Bennett.  That Back Parcel became an asset of his estate. Additionally, Mr. Bennett’s jeep was also in his name alone and sold by the estate, despite Ms. Lynk’s claims that the jeep belonged to the both of them.

Ms. Lynk brought a claim of unjust enrichment against Mr. Bennett’s estate.  In a careful analysis of the evidence, the court found that Ms. Lynk had established Mr. Bennett’s estate enrichment  and her corresponding deprivation.

The court relied on evidence that Ms. Lynk directly and indirectly made mortgage and property tax payments towards the Back Parcel. Ms. Lynk had also made car, gas and maintenance payments for the jeep.  The court found that Ms. Lynk and Mr. Bennett’s finances were significantly intertwined to give credibility to Ms. Lynk’s contribution claims.  The court went on to find that Ms. Lynk should receive propriety restitution with respect to the Back Parcel and monetary restitution for the jeep.

The court awarded Ms. Lynk a 50% interest in the Back Parcel by way of constructive trust and 50% of the proceeds of the jeep and repair costs.

This case illustrates the need for common law spouses to have wills.  In this case, a common law spouse had no power or control over property that she felt she had an entitlement to.  She had to initiate a court application to seek restitution.  Both spouses of the Deceased had to file affidavits and submit to cross-examination.  In addition to the costs, a court application places public scrutiny on the parties’ finances during their relationship. Finally, in unjust enrichment claims, the need for propriety restitution needs to be proven. Even if a party is successful in their court application, they may have to settle for monetary restitution.

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