Does a common-law partner inherit if there is no will in Alberta?
This answer covers the law of Alberta.
Yes, a common-law partner can inherit when there is no will in Alberta, but only if they count as an adult interdependent partner. That status generally comes from living together in a relationship of interdependence for a continuous period of not less than 3 years, from having a child of the relationship by birth or adoption in a relationship of some permanence, or from signing an adult interdependent partner agreement.
If the deceased left a partner but no descendants, the whole intestate estate goes to the partner. If the deceased left a partner and descendants who are all also the partner's descendants, the partner again receives the entire estate. Where some descendants are not the partner's, the partner gets the greater of the prescribed amount or 50% of the net value of the intestate estate, and the residue goes to the deceased's descendants. The prescribed amount is $150 000 under the Preferential Share (Intestate Estates) Regulation, so confirm it has not changed.
If there is no surviving spouse or adult interdependent partner, the estate goes to descendants, then to parents and further relatives. Whether a relationship qualifies, or has already ended, depends on the facts, so it is worth confirming with a lawyer.
Key takeaways
- An adult interdependent partner can qualify through 3 years of living together in a relationship of interdependence, through a child of the relationship, or through a signed agreement.
- With a surviving partner and no descendants, the whole intestate estate goes to the partner.
- If some of the deceased's descendants are not also the partner's, the partner gets the greater of the prescribed amount or 50% of the net value of the intestate estate.
- A surviving partner who receives a share as an adult interdependent partner is not entitled to a further share in another capacity.