Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 16 DECEMBER 2020

Proposed Changes To Apply For Support From Step-Parent's Estate

MLT Aikins LLP
MLT Aikins LLP
Contributor
MLT Aikins LLP

MLT Aikins LLP

FIRM OVERVIEW MLT Aikins is a full-service business law firm of more than 375 lawyers with a deep...

View firm profile
Explore more from MLT Aikins LLP

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")...

CanadaFamily and Matrimonial
Ariel Lekas
Ariel Lekas
Sam Amelio K.C
Sam Amelio K.C
Author LinkedIn connections

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

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Before December 31: A Cross-Border Estate Planning Check-Up For Canadian Families

Canadian families with U.S. connections face unique estate planning challenges that require regular review. This comprehensive guide examines eight critical areas—from wills and powers of attorney to cross-border trusts and reporting obligations—that warrant attention before year-end, particularly when family circumstances, asset values, or residency status have changed.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

Canada-US Estate Planning: A Complete Guide For Snowbirds And Cross-Border Families

Canadians who own US property, hold American investments, or have family members with US citizenship face a complex web of estate tax obligations spanning two countries. Without proper coordination, your heirs could face double taxation, frozen assets during lengthy Florida probate proceedings, or unexpected tax bills that consume a significant portion of their inheritance.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

Ontario Probate: A Step-by-Step Guide For Executors (Including Estates With US Property)

Ontario probate requires court certification, estate administration tax of up to 1.5%, and careful navigation of cross-border rules when US property is involved. Executors face strict timelines, fiduciary duties, and potential personal liability, while proper planning through multiple wills and beneficiary designations can significantly reduce both costs and delays.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

Canadian Citizenship By Descent: Canada Expands Eligibility Under Bill C-3

Many people may be surprised and pleased to learn that there is a new path to becoming a Canadian citizen. The Government of Canada passed Bill C-3, An Act to Amend the Citizenship Act (2025), on December 15, 2025. Before this legislation came into effect, Canadian citizenship by descent was limited to the first generation born outside Canada. For example, Emily was born or naturalized in Canada, and she could pass her citizenship to her child, Duncan, born outside of Canada.
CanadaFamily and Matrimonial
O'Sullivan Estate Lawyers LLP
O'Sullivan Estate Lawyers LLP
Article

The Supreme Court Of Canada Recognizes A New Tort Of Intimate Partner Violence

The Supreme Court of Canada has established a groundbreaking new common law tort of Intimate Partner Violence, fundamentally changing how survivors can seek civil remedies for coercive and controlling behavior in intimate relationships. This landmark decision introduces a legal framework that recognizes patterns of abuse beyond traditional assault claims, focusing on the cumulative nature of coercive control that strips victims of their dignity, autonomy and equality. Courts across Canada are now beginning
CanadaFamily and Matrimonial
Thompson Dorfman Sweatman LLP
Thompson Dorfman Sweatman LLP
Article

The 21-year Rule: How To Prepare A Family Trust For This Crucial Milestone

A family trust is a tax and estate planning tool widely used by family businesses in Canada. Among other things, it can be used to establish an estate freeze, facilitate the gradual transfer of wealth to the next generation, maintain a degree of control over family assets and, in some cases, provide better assets protection. Historically, family trusts have also been used in a variety of income-splitting strategies.
CanadaFamily and Matrimonial
Miller Thomson
Miller Thomson
Article

Implications Of Bill C-34, Canada’s Proposed Online Safety Framework, For Organizations

Canada's proposed Digital Safety Act introduces sweeping new obligations for social media platforms, AI chatbots, and interactive online services, requiring operators to protect children, mitigate harmful content, and implement age-verification measures. Organizations face substantial penalties of up to 5% of global revenue for non-compliance, backed by a new federal regulator with broad enforcement powers. What steps should your organization take now to prepare for this emerging regulatory framework?
CanadaPrivacy
MLT Aikins LLP
MLT Aikins LLP
Article

Amendments Streamline Project List Under Impact Assessment Act

The Government of Canada has amended regulations under the Impact Assessment Act to streamline environmental reviews for major infrastructure projects, particularly interprovincial pipelines. These changes shift regulatory responsibility for certain energy projects to the Canada Energy Regulator while removing other project types from federal review following the Supreme Court's 2024 constitutional ruling.
CanadaEnvironment
MLT Aikins LLP
MLT Aikins LLP
Article

President Trump Announces U.S. Counter-tariffs On Canada: Are They Lawful?

President Trump has invoked Section 338 of the Tariff Act of 1930 to impose new counter-tariffs on Canadian goods including dairy, alcohol, motorcycles, and metal products. The legality of this rarely-used statutory provision remains untested in court, raising questions about presidential tariff authority under the U.S. Constitution. Legal scholars debate whether Section 338 has been superseded by later trade legislation, while the administration argues Canada's retaliatory measures constitute discriminator
GlobalInternational Law
MLT Aikins LLP
MLT Aikins LLP
Article

Permit Me To Explain: Bill C-39’s Plan To Build Canada Faster

The Canadian government has introduced Bill C-39, the Building Canada Strong Act, proposing to compress federal project approval timelines from five years to one year through consolidated permitting and streamlined processes. The legislation also modernizes transportation infrastructure through National Trade Corridors and reforms labour relations by strengthening collective bargaining while clarifying ministerial powers to intervene in work stoppages.
CanadaGovernment, Public Sector
MLT Aikins LLP
MLT Aikins LLP