Perhaps encouraged by the recent decision in
Marasse Estate, we have another recent case from the
Alberta Court of Queen's Bench addressing an estate's
ability to claim spousal support and its liability to pay spousal
support. Stalzer v Stalzer, 2018 ABQB 191 is reassurance to
estate planning and family law practitioners that a person's
obligation to pay spousal support to their deceased ex-spouse's
estate is not a general rule of law and was specific to the
drafting of the various agreements in play in Marasse.
In Stalzer, the executor of the deceased husband's
estate brought an application against the deceased's wife for
retroactive child support, unequal property division and occupation
rent. The wife brought a cross-application for retroactive spousal
support and child support, and unequal division of matrimonial
property. The matter was heard as a Special Chambers application,
which is hearing for any matter that will take longer than 20
minutes to argue, and
