Can a spouse or adult interdependent partner be cut out of a will in Alberta?

This answer covers the law of Alberta.

Not entirely. A will can leave a spouse or adult interdependent partner little or nothing, but Alberta law gives them a way to ask the court for support from the estate. A spouse and an adult interdependent partner are both listed as family members who can apply under the Wills and Succession Act. The court can order what it considers adequate for proper maintenance and support if the will does not provide enough.

The application must be started within 6 months after the grant of probate or administration is issued, not from the date of death. The court may allow a late application, but only for estate property not yet distributed. Partners generally have lived in a relationship of interdependence for at least 3 years, or with some permanence if there is a child, or have signed an adult interdependent partner agreement. Relatives need that agreement, and paid care does not count. A former partner is not covered as a partner, though a spouse is listed separately.

This maintenance claim is different from property rights a spouse may have under other laws, such as matrimonial property rights, and the time limits and rules for those depend on your facts. A lawyer can confirm how the two fit together.