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.
ADULT INTERDEPENDENT PARTNERS’ RIGHTS TO SPOUSAL SUPPORT IN ALBERTA

ADULT INTERDEPENDENT PARTNERS’ RIGHTS TO SPOUSAL SUPPORT IN ALBERTA

by | Aug 21, 2024 | Uncategorized

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 (AIP) as defined under the Adult Interdependent Relationships Act (AIRA).

Among the rights afforded to AIPs is the entitlement to spousal support 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.

Here are some of the key aspects of AIPs’ rights to spousal support in Alberta:

1. Length of the Relationship:

The length of time the AIPs have lived together and shared their lives is a crucial consideration in determining entitlement to spousal support.

2. Financial Circumstances:

The court considers the financial position of each partner and their needs and obligations; taking into account income, assets, debts, financial needs and standard of living during the relationship in order to ensure fairness and equity in the spousal support arrangements. The standard of living established during the relationship and the ability of each partner to maintain a similar standard post-separation are also taken into account.

3. Contributions to the Relationship:

Contributions made by each partner to the relationship, whether financial or non-financial, are considered, including homemaking, childcare, and the extent to which one partner may have sacrificed career opportunities or financial independence for the benefit of the relationship is assessed.

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

Where there are dependent children, the primary consideration and priority is child support i.e. the need to provide care and support for the children and any continuing economic disadvantage that flows from present and future child care responsibilities.

Understanding spousal support rights for Adult Interdependent Partners in Alberta is crucial for individuals navigating the complexities of relationship breakdowns. Whether through negotiation or legal channels, seeking professional advice can help ensure a fair and equitable resolution.

For comprehensive legal advice and tailored guidance based on your specific circumstance, contact us at Disan Law Firm: [email protected] or 587-440-4726