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ARTICLE · 21 DECEMBER 2020

Proposed Changes Affecting Step-Parents' Estate Obligations

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Under current Alberta law, a child can apply for support while a step-parent is alive, but not after a step-parent's death. A report (the Report) by the Alberta Law Reform Institute (ALRI) assesses...

CanadaFamily and Matrimonial
Ariel Lekas
Ariel Lekas
Sam Amelio K.C
Sam Amelio K.C
Sarah Bidniak
Sarah Bidniak
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Under current Alberta law, a child can apply for support while a step-parent is alive, but not after a step-parent's death. A report (the Report) by the Alberta Law Reform Institute (ALRI) assesses whether this gap in legislation should be addressed to allow a child to apply for family maintenance and support from the estate of a person who stood in the place of a parent to that child.

The Report compares family maintenance and support obligations under two interrelated statutes: the Family Law Act, which applies when a couple separates, and the Wills and Succession Act, which applies when a person dies.

The Current Legislation

The Wills and Succession Act refers to Part 1 of the Family Law Act in defining who are "parents" and "children". However, the Wills and Succession Act does not adapt the expanded definition of "parent" found in Part 3 of the Family Law Act, which recognizes that a person may "stand in the place of a parent" for support purposes. To be

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