INTESTATE SUCCESSION IN ALBERTA

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.

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.

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.

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.

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.