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ARTICLE · 06 MARCH 2017

A Deceased Can't Always Will What They Want

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There is a common misconception that the testator is free to leave their estate to anyone they choose.

CanadaFamily and Matrimonial
Barbara Stratton
Barbara Stratton
Sarah Huot
Sarah Huot
Odessa O’Dell
Odessa O’Dell
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There is a common misconception that the testator is free to leave their estate to anyone they choose. While this is largely true, certain family members who were left out or feel they were inadequately provided for under a will do have options under Alberta's Wills and Succession Act (WSA).

Under the WSA, the court has authority to make orders to override the deceased's will, or sections of it, to the extent it is required to provide adequate maintenance and support to certain family members. These claims are referred to as family maintenance and support (FMS) claims.

Who Can Apply

In order to apply for FMS, a person must be a "family member" as defined under section 72(b) of the WSA. This includes a spouse or adult interdependent partner, as defined in the Adult Interdependent Relationships Act (AIRA). It also extends to children of the deceased depending on the child's age or whether the child has a mental or physical disability. Grandchildren and

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