Can I Be Disinherited by a Parent in Alberta?
This answer covers the law of Alberta.
Often, yes. An adult, able-bodied child is not a 'family member' under the Wills and Succession Act, so that child generally has no claim for support from a parent's estate. Alberta's family maintenance rules protect only certain people.
The Court may order provision from the estate if the deceased did not make adequate provision for a family member's proper maintenance and support. Family members include a spouse, an adult interdependent partner, a child under 18, an adult child unable to earn a livelihood due to disability, and a child aged 18 to under 22 who is a full-time student and unable to withdraw from parental charge.
An application must be commenced within 6 months after the grant of probate or administration is issued, though the Court may allow one at any time for any part of the estate not yet distributed. The Court looks at factors such as the nature and duration of the relationship and the family member's capacity to support themselves. Whether you qualify depends on your facts, so it is worth confirming with a lawyer.
Key takeaways
- An adult, able-bodied child is not a 'family member' under the Wills and Succession Act, so that child generally has no support claim against a parent's estate.
- The Court can order provision from the estate when a family member's proper maintenance and support was not adequately provided for.
- A family maintenance application must be commenced within 6 months after the grant is issued, though the Court may allow one for estate property not yet distributed.
- A waiver or contrary agreement does not bar an order, but it is a factor the Court considers.