What is the deadline to apply for family maintenance and support from an estate in Alberta?
This answer covers the law of Alberta.
You must start a family maintenance and support application within 6 months after the grant of probate or administration is issued. The clock runs from the date of the grant, not the date of death. The claim comes from Part 5, Division 2 of the Wills and Succession Act, and it is only open to people who fit the Act's definition of family member.
A late application is possible but is not automatic. The Court may allow an application to be made at any time for any part of the estate that has not been distributed as of the date of the application. That is a matter of court discretion, and it covers only property that is still undistributed. Without consent or a court order, the personal representative may not distribute estate property for 6 months after the grant.
Once notice of an application is served on the personal representative, the estate is subject to any order made. Because the rules turn on dates and on who qualifies, speak with a lawyer promptly if you think you may have a claim.
Key takeaways
- The deadline is 6 months after the grant of probate or administration is issued.
- The clock runs from the date of the grant, not the date of death.
- The Court may allow a late application only for estate property that has not been distributed as of the date of the application.
- An application is commenced by filing Form C 1 with an affidavit in Form C 2.