Who Inherits Without a Will if There Is No Spouse or Children in Alberta?

When someone dies without a will and leaves no spouse, partner or children, families often wonder who is entitled to what. Alberta does not leave this to agreement or to who was closest in practice. The law sets out an order of relatives.

This article walks through that order, how shares are split, and what happens when relatives are distant or missing. It covers only property that is 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 and are not covered here.

This article covers the law of Alberta.

When these rules apply

An estate that is not disposed of by a will is distributed under Part 3 of the Wills and Succession Act. Part 3 applies to deaths on or after February 1, 2012; earlier deaths are governed by the former Intestate Succession Act.

The rules in this article apply only if there is no surviving spouse or adult interdependent partner and no descendant. If there is a spouse, partner or child, different rules apply. The estate is also measured after debts, charges, and funeral and administration expenses are taken off.

The order of relatives

Section 67(1) of the Wills and Succession Act sends the estate to relatives in order. Each group is considered only if the one before it has no one entitled.

For the grandparent and great-grandparent groups, the estate is split between the two sides of the family.

Siblings, nieces and nephews, and half-blood relatives

If there is no surviving parent, brothers and sisters and their descendants come next. Exactly how a share is divided within a branch of the family depends on who survives, so it is worth confirming with a lawyer.

Half-siblings are not pushed to the back. Descendants of a half-kinship inherit equally with those of the whole kinship in the same degree.

Distant relatives, in-laws and unmarried partners

• Degrees of relationship are counted upward from the person who died to the nearest common ancestor and then downward to the individual.
• Individuals of the 5th or greater degree of relationship are treated as having predeceased, and their share passes to closer relatives who are entitled.
• Kin excludes relatives by marriage, so in-laws do not inherit on intestacy.
• An unmarried partner who is not an adult interdependent partner has no intestacy share under Part 3.

Whether a partner qualifies as an adult interdependent partner depends on the facts. For example, a continuous period of at least 3 years living in a relationship of interdependence can qualify, and there are other routes, such as having a child of the relationship or a written agreement. If that applies, the spouse or partner rules take over and this article does not.

What if no one is entitled?

If no one is entitled to the intestate estate, it is dealt with under the Unclaimed Personal Property and Vested Property Act, subject to s. 11 of the Public Trustee Act.

Who administers the estate, and what to do next

Inheriting and administering are separate questions. A grant is the Court's authority to administer an estate; once it issues, no person other than the personal representative it is issued to has authority to act for the estate. Where there is no will, the Estate Administration Act sets a priority list that includes a parent, then a brother or sister, then a child of a brother or sister who is a beneficiary, then next of kin who are beneficiaries. Those entitled may nominate someone to administer, using Form GA13 Nomination, and higher-ranking people must renounce on Form GA11 before a lower-ranking applicant receives a grant.

• Confirm the date of death, since the date decides which law applies.
• Confirm there is no will, and list any family on each side.
• Identify the closest group in the order above and anyone who may have predeceased.
• Work out whether any partner could qualify as an adult interdependent partner.
• Decide who will apply for the grant, and gather renunciations or a nomination if needed.
• Speak with a lawyer if relatives disagree or the family tree is unclear.

Applications use Form GA1, and the applicant serves beneficiaries on intestacy with the application and a Form GA2 Inventory. A lawyer can confirm the family tree and the steps for your situation.

Frequently asked questions