How Much Does a Spouse Inherit With No Will in Alberta?

When someone dies in Alberta without a valid will, the law sets out who inherits. For a surviving spouse or adult interdependent partner, the answer depends mostly on whether the deceased had children or other descendants, and whose they were.

This article explains the main rules under the Wills and Succession Act, what happens if there is no spouse or partner, and what to expect on timing. Every family is different, so a lawyer can confirm how the rules apply to you.

This article covers the law of Alberta.

When the spouse or partner takes everything

If the person who died leaves a surviving spouse or adult interdependent partner and no descendants, the entire intestate estate goes to that spouse or partner.

The spouse or partner also takes the entire estate if all of the deceased's descendants are also descendants of that spouse or partner. In a family where every child is a child of both partners, the children do not share in the estate at that stage.

Blended families: the greater of $150 000 or 50%

The result changes if the deceased had descendants who are not also descendants of the surviving spouse or partner. In that case the spouse or partner gets the greater of a prescribed amount or 50% of the net value of the intestate estate, and the rest goes to the descendants.

The prescribed amount is $150 000. So for a smaller estate the spouse or partner may take a larger share than half, and for a larger estate the 50% figure applies.

If there is no spouse or partner

With no surviving spouse or adult interdependent partner, the estate goes to the deceased's descendants. Each surviving child takes one share, and a deceased child's share passes to that child's descendants.

If there are no descendants and no spouse or partner, the estate goes to the deceased's parents in equal shares if both survive. If no individual is entitled to the estate, the Unclaimed Personal Property and Vested Property Act applies, and a person's right to claim under Part 6 of that Act is preserved.

Who holds the property and when it is paid out

The personal representative is a trustee of any property not dealt with by a will. They hold it for the people entitled on intestacy. They must act honestly and in good faith and distribute the estate as soon as practicable.

Even so, a personal representative must not distribute any part of the estate to a beneficiary until 6 months after the grant, unless all family members consent or the Court authorizes it. This protects dependants' maintenance and support claims, which may be brought within 6 months after a grant.

Before the 6 months end, the personal representative may make reasonable advances for the maintenance of family members who are beneficiaries. One who distributes early can be personally liable for support that should have come out of the amount distributed.

What to do next

• Find out whether the deceased left any valid will, as these rules apply only to property it does not deal with.
• List the deceased's descendants and note whose children each one is, since this decides whether the blended-family rule applies.
• Confirm whether you are a spouse or an adult interdependent partner.
• Ask the personal representative when a grant was issued, so you know when the 6-month period ends.
• Speak with a lawyer if the family is blended, the estate is large, or anyone may bring a support claim.

Frequently asked questions