- Alberta's intestacy rules pass an estate to a spouse or adult interdependent partner, descendants and then relatives by blood or adoption, and the kin rules exclude relatives by marriage.
- The Act's definition of kin excludes relatives by marriage, so a step relationship on its own is not how the intestacy order is built.
- Whether a financially dependent stepchild has any other options depends on the facts, so it is worth confirming with a lawyer.
A stepparent dies without a will, and the stepchildren they raised wonder whether they receive anything. Or you are a stepparent who worries that your stepchildren would be left out. These are common worries in blended families.
This article explains how Alberta's intestacy rules treat a stepfamily, where stepchildren fit, and what to raise with a lawyer if a stepchild depended on the person who died. It covers only property not dealt with by a will. Jointly owned property with survivorship and assets with a named beneficiary, such as RRSPs or life insurance, pass outside the estate.
This article covers the law of Alberta.
How the intestacy rules work
When there is no will, the estate is distributed under Part 3 of the Wills and Succession Act. Those rules apply to deaths on or after February 1, 2012. The net value is worked out after debts, charges, and funeral and administration expenses.
The Act sets an order of entitlement. It starts with a surviving spouse or adult interdependent partner and descendants, then moves outward to relatives. If there is no spouse, partner or descendant, the estate goes in order to parents, then siblings, nieces and nephews, then grandparents and their descendants, then great-grandparents and their descendants.
Where stepchildren fit
The order above is built on descendants and on relatives by blood or adoption. The Act's definition of kin excludes relatives by marriage. A step relationship is not one of the categories in that order, so a stepchild's position depends on the facts and is worth confirming with a lawyer.
There is one common exception to watch for: adoption. The kin rules include relatives by adoption. If a stepparent legally adopted a stepchild, the analysis can be different, and you should confirm it with a lawyer.
How a blended family changes the split
Stepfamilies matter most when the person who died left a spouse or adult interdependent partner and children from different relationships. If all the descendants are also descendants of the surviving spouse or partner, that spouse or partner takes the entire intestate estate. There is an exception for separated spouses: a spouse is treated as having predeceased if the spouses lived separate and apart for more than two years, were parties to a declaration of irreconcilability, or had a property or family agreement meant to finalize their separation, unless they reconciled and the reconciliation was subsisting at the time of death.
If some descendants are not also descendants of the spouse or partner, the spouse or partner takes the greater of $150 000 or 50% of the net value, and the rest goes to the descendants.
| Net estate | Spouse or partner | Child from a prior relationship |
|---|---|---|
| $400,000 | $200,000 | $200,000 |
| $200,000 | $150,000 | $50,000 |
These figures illustrate the rule with one child from a prior relationship. The $150 000 amount is set by regulation that expires on December 31, 2031, so it may be reviewed or re-made.
Unmarried partners and stepfamilies
Many blended families involve a partner who never married the person who died. An unmarried partner who is not an adult interdependent partner has no intestacy share under Part 3. A person is generally an adult interdependent partner after living with the other person in a relationship of interdependence for at least 3 years, or sooner if the relationship is of some permanence and there is a child of the relationship by birth or adoption. A written adult interdependent partner agreement can also qualify a couple without a minimum period. A person who claims to be a partner must prove it in court proceedings.
If a stepchild was dependent: what to do next
Whether a financially dependent stepchild has any claim beyond the intestacy order depends on the facts, and a lawyer can confirm what options exist. If a dispute develops, parties can apply for a Surrogate Case Conference once a Statement of Claim or Form C1 is filed.
- Confirm whether the person who died left a will, since intestacy rules apply only without one.
- Find out whether there was a spouse, an adult interdependent partner, or any adoption.
- Gather proof of any financial support, shared household and the nature of the relationship.
- Note how assets were held, such as joint accounts and named beneficiaries.
- Speak to a lawyer early about options for a dependent stepchild.
Frequently asked questions
Do stepchildren inherit automatically if there is no will?
Generally no. The intestacy order is built around a spouse or adult interdependent partner, descendants and relatives by blood or adoption, and kin excludes relatives by marriage. A lawyer can confirm how this applies to your situation.
What if the stepparent adopted the stepchild?
The kin rules include relatives by adoption. An adopted child is in a different position from an ordinary stepchild, so bring the adoption documents to a lawyer.
Can a stepchild be the person who administers the estate?
When there is no will, the Estate Administration Act sets an order of priority for applying for a grant, starting with a surviving spouse or adult interdependent partner, then a child, grandchild, other descendant, parent and other relatives. Whether a stepchild could apply depends on the facts, so it is worth confirming with a lawyer. Higher-ranking people must renounce first before a lower-ranking applicant receives a grant.
Does my spouse keep everything if we have children from earlier relationships?
Not necessarily. If some descendants are not also descendants of the surviving spouse, the spouse takes the greater of $150 000 or 50% of the net estate, and the remainder goes to the descendants.
Sources
- Wills and Succession Act, SA 2010, c W-12.2, s. 70 (Alberta King's Printer) — kings-printer.alberta.ca
- Preferential Share (Intestate Estates) Regulation, Alta Reg 217/2011 — kings-printer.alberta.ca
- Adult Interdependent Relationships Act, s. 3(1)(a)(i) — kings-printer.alberta.ca
- Estate Administration Act, s. 13(1)(b) — kings-printer.alberta.ca
- Surrogate Rules, Alta Reg 130/1995, rule 32(2) — kings-printer.alberta.ca
- Court of King's Bench of Alberta, Surrogate Case Conferences — albertacourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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