Can a Disabled Adult Child Claim Against a Parent's Estate in Alberta?

This answer covers the law of Alberta.

Yes, an adult child who is unable to earn a livelihood because of a mental or physical disability is a family member who can apply for support from a parent's estate in Alberta. The claim comes from Part 5, Division 2 of the Wills and Succession Act, and the paragraph states no upper age limit. It applies whether or not the parent left a will.

If the Court finds the child was not adequately provided for, it can order what it considers adequate to be paid from any part of the estate. It looks at factors such as the child's age and health, their capacity to contribute to their own support, and their entitlement to support from another person. The size of the estate also matters. Disability benefits and trusts are not named in the Act, so how they affect a claim is a question to raise with a lawyer.

A trustee appointed under the Adult Guardianship and Trusteeship Act can apply for the child. The application must generally be started within 6 months after the grant of probate or administration, not after the death. The Court may allow a late application, but only for estate property not yet distributed, and that is up to the Court's discretion.