Can a Stepchild or Grandchild Claim Against an Estate in Alberta?
This answer covers the law of Alberta.
A stepchild generally cannot claim on that basis alone, but a grandchild or great-grandchild sometimes can. Maintenance and support claims in Alberta are open only to the family members listed in section 72(b) of the Wills and Succession Act, and a close relationship outside that list does not qualify.
The list names the deceased's child, not a stepchild, so a stepchild is not a family member on that basis alone. That is a reading of the list rather than an express statement, so whether a particular stepchild qualifies, for example one who was legally adopted, is worth confirming with a lawyer.
A grandchild or great-grandchild can apply only if they are under 18 and the deceased stood in the place of a parent to them at death. A grandparent stood in the place of a parent if they showed a settled intention to treat the grandchild as their own child, and the grandchild's primary home was with the grandparent, who gave the primary financial support, since birth or for at least 2 years before the death. The Court may weigh other factors too. The application must be started within 6 months after the grant, though the Court may allow a later one for estate property not yet distributed.
Key takeaways
- Only the family members listed in section 72(b) of the Wills and Succession Act can apply for maintenance and support.
- A stepchild is not named in the list, so they are not a family member on that basis alone.
- A grandchild or great-grandchild can apply only if under 18 and the deceased stood in the place of a parent to them.
- The usual deadline is 6 months after the grant of probate or administration, though the Court may allow a later application for estate property not yet distributed.