INTESTATE SUCCESSION IN ALBERTA

INTESTATE SUCCESSION IN ALBERTA

by | Aug 21, 2024 | Legal

Intestate succession in Alberta, is the legal framework that determines how the deceased person’s assets are distributed among surviving relatives.
In Alberta, this process is governed by the Wills and Succession Act, which provides a structured and systematic approach to ensure fairness, in the absence of a testamentary document.
Distribution Among Spouse or Adult Interdependent Partner and Children:
If a deceased person is survived by a spouse or adult interdependent partner and children, the estate is typically divided among them according to specific rules. The division of the estate depends on various factors, including the value of the estate, the number of children, and whether the children are from the current or previous relationships. The spouse or adult interdependent partner is entitled to a preferential share, which is a specific amount prescribed by law, and the remainder is divided among the children.

Spouse and Adult Interdependent Partner Entitlement:

In cases where the deceased individual has a surviving spouse or adult interdependent partner but no children, the entire estate passes to the spouse or adult interdependent partner. If the deceased is survived by a spouse and adult interdependent partner but no children, the estate is distributed between them. If the deceased is survived by a spouse and adult interdependent partner and children, the estate is distributed between the spouse and adult interdependent partner and the children.

Children’s Share:

If the deceased has surviving children but no spouse or adult interdependent partner, the estate is distributed equally among the children. Children from different relationships are treated equally in the absence of a will.

Surviving Parents, Siblings, and Other Dependents:

In situations where there are no surviving spouse, adult interdependent partner or children, the estate may pass to surviving parents. If there are no surviving parents, the estate may go to siblings, and in the absence of siblings, it may extend to more distant relatives. The law provides a hierarchy for the distribution of assets among surviving relatives, based on the proximity of the relationship to the deceased.

Dependent family members:

In cases where the deceased had dependents who relied on them for support, the court may consider their needs and circumstances when distributing the estate. The court may also appoint a trustee or administrator to manage the estate and ensure that the needs of dependent family members are adequately addressed.
The process of intestate succession in Alberta involves legal and administrative steps to determine the rightful heirs and distribute the estate accordingly. Navigating intestate succession in Alberta can be complex, and it is essential for individuals to seek legal guidance to understand their rights and responsibilities.
Contact Disan Law Firm to assist you with your intestate succession needs – [email protected] or (587) 440-4726.
SPOUSAL SUPPORT RIGHTS FOR ADULT INTERDEPENDENT PARTNERS (AIPS) IN ALBERTA

SPOUSAL SUPPORT RIGHTS FOR ADULT INTERDEPENDENT PARTNERS (AIPS) IN ALBERTA

by | Aug 21, 2024 | Family Law

In Alberta, the laws governing relationships have evolved to recognize the diverse nature of modern partnerships. One significant legal framework is the recognition of Adult Interdependent Partners (AIPs) under the Adult Interdependent Relationships Act (AIRA).

Among the rights afforded to AIPs is the entitlement to spousal support in Alberta under certain circumstances. This entitlement to spousal support for AIPs is governed by the same principles and factors that apply to married couples or common-law partners. Understanding your spousal support rights in Alberta is essential if you are an AIP navigating a relationship breakdown.

Key Factors in Determining Spousal Support for AIPs:

1. Length of the Relationship:

The duration of the Adult Interdependent Relationship is a crucial factor in determining spousal support eligibility in Alberta. Longer relationships often create greater financial interdependence.

2. Financial Circumstances:

Courts consider the financial position of each partner, including income, assets, debts, and obligations. The goal is to ensure fairness and equity in spousal support arrangements, taking into account the standard of living during the relationship and the ability to maintain a similar standard post-separation.

3. Contributions to the Relationship:

Both financial and non-financial contributions matter. This includes homemaking, childcare, and sacrifices made for the benefit of the relationship, such as giving up career opportunities. These factors influence spousal support entitlement in Alberta.

4. Care and Responsibility for the Child(ren):

Where dependent children are involved, child support takes priority. Courts also consider any continuing economic disadvantage resulting from childcare responsibilities when determining spousal support amounts.

If you are an Adult Interdependent Partner in Alberta, understanding your rights to spousal support is critical. Whether through negotiation or legal channels, seeking professional advice can help ensure a fair and equitable resolution.

Need help with spousal support in Alberta?
Contact us today for a consultation to protect your rights and secure your financial future.
Disan Law Firm: [email protected] or 587-440-4726