.png)
What happens if I die without a Will?
If someone passes away without a Will, their estate is transferred to their nearest kin after all estate and personal taxes and debts are paid. The distribution is slightly different in each province. The order of payment in Alberta is as follows:
If the person has a spouse, but no children, their spouse receives the full amount of the estate.
If the person has a spouse and children, and the value of the estate is less than $40,000, the full amount goes to the spouse.
If the person has a spouse and one child, and the value of the estate is more than $40,000, the spouse receives the first $40,000 and half of the remaining estate. The child receives the remaining half.
If the person has a spouse and two or more children, and the value of the estate is more than $40,000, the spouse receives the first $40,000 and one third of the remaining estate. The balance of the estate is divided among the children equally.
If there are no spouse or children, the estate will be paid to the deceased’s parents.
If no spouse, no children and no living parents, then the estate will be paid to the deceased’s siblings in equal shares. If any of the siblings have passed, but having living children, the sibling’s share goes to their respective children (ie. nephew and nieces).
Are common-law partners considered a spouse under the succession?
In Alberta, a person who is an adult interdependent partner is treated the same as a spouse under the intestacy succession. Meaning they would be entitled to the rules above.
An adult interdepend partner is defined as having lived together in an interdependent relationship for a continuous period of at least three years OR where the couple have a child together – having lived in a relationship of some permanence (may be less than three years).
What if the person dies leaving a surviving spouse and a surviving adult interdependent partner?
If the deceased was living with their spouse at the time of death, the spouse will receive the shares of the estate and the adult interdependent partner will not receive anything.
If the adult interdependent partner was living with the deceased at the time of death, the adult interdependent partner will receive their share of the estate and the spouse will not receive anything.
If neither party was living with the deceased at time of death, then the one living with them last will receive the estate.
What if the deceased’s child dies leaving children behind?
If the deceased had a child that died before him, but that child had children (ie. The deceased’s grandchildren), then that child’s shares will be paid to his living children (grandchildren).
Comments