Estate Law

Maintenance and Support Claims for Married and Common Law Spouses

Alberta law recognizes a moral and legal obligation for individuals to provide for the needs of their dependants upon death. 

Dependants include:

(a) Spouses;
(b) Common-law spouses / adult interdependent partners;
(c) Minor children;
(d) Adult children unable to earn a livelihood due to physical or mental disability; and
(e) Other qualifying family members who relied financially on the deceased person.

If a dependant is not adequately provided for in a Will, that dependant has the opportunity to commence a claim to ensure sufficient funds are received in order to preserve the level of care to which they are entitled.

In Alberta, the Courts have recognized that a deceased person’s priority is to adequately provide for his or her spouse, above all others. Accordingly, issues can arise where a surviving spouse does not receive the entirety of the estate.

If you believe you have not been properly provided for by a deceased family member, and would like further information on your rights, please contact us.

If you are the executor, beneficiary or interested person of an estate seeking to defend the estate from a family maintenance and support claim, and would like further information on your options, please contact us.

Initial consultations are free of charge.

For more information, see Wills and Succession Act, SA 2010, c W-12.2, Part 5

1 (403) 452-2011   |