In re Estate of Quarg - 397 N.J. Super. 559, 938 A.2d 193 (Super. Ct. App. Div. 2008)

Rule:

In the context of a promise to provide for a life partner, it is of no legal consequence whether the promise is expressed or implied. The only difference is in the nature of the proof of the agreement. Parties entering this type of relationship usually do not record their understanding in specific legalese. Rather, the terms of their agreement are to be found in their respective versions of the agreement, and their acts and conduct in the light of the subject matter and the surrounding circumstances.

Facts:

The wife had been estranged from her husband for over 40 years before he died. Three years after the separation, the decedent and his companion began living together, and did so until the decedent's death 43 years later. The companion took the decedent's surname, and they bought real estate and purchased insurance as husband and wife. The trial court imposed a constructive trust on the surviving spouse's share of a decedent's intestate estate in favor of plaintiff, his female companion. Defendant, the decedent's wife, appealed.

Issue:

Was the decedent's conduct and actions, together with the lengthy time the decedent and his companion lived together, and their mutual consideration as husband and wife, sufficient to establish a question of fact whether there was an implied promise by the decedent to ensure that his companion received adequate provisions during the remainder of her life?

Answer:

Yes.

Conclusion:

The appellate court held that the decedent's conduct and actions, together with the lengthy time the decedent and his companion lived together, and their mutual consideration as husband and wife, was sufficient to establish a question of fact whether there was an implied promise by the decedent to ensure that his companion received adequate provisions during the remainder of her life. The appellate court determined that the trial court mistakenly relied upon the equitable principle of a constructive trust. However, an implied promise by the decedent to see to it that his companion survived with adequate provisions during the remainder of her life could be reasonably inferred from his and the companion's conduct and actions, when viewed together with the lengthy period of living as husband and wife.