Alberta Estate is Intestate and Common-law relationships
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Alberta Estate is Intestate and Common-law relationships

In Alberta, if an Estate is intestate because no will was created and signed by a family member.  The Alberta Surrogate Rules are as follows for someone living common-law or have an adult interdependent partner living arrangement at the time the loved one passes away.

The adult interdependent partner lived with the deceased in a relationship of interdependence:
__ for a continuous period of not less than 3 years commencing _____________ and ending ___________________.

__ of some permanence of which there is a child
__ born _______________________ (date)
__ adopted ____________________ (date)

__ the adult interdependent partner entered into an adult interdependent partner agreement with the deceased which agreement is dated ____________.

The adult interdependent partner

___ is

___ is not

related to the deceased by blood or adoption.

You may want to know what the above mean.  I had a potential client recently call me.  His partner of 2 1/2 years had passed away.  She thought that he thought he would be the sole beneficiary of her estate.  As it turns out because:
1.  there was no will;
2.  there were no children from their relationship;
3.  because they lived together less than 3 years;
4.  and because there was no partnership agreement.

What he found out is that he was not a beneficiary at all.  The whole of his late partner's intestate (without a will) estate had to go to the deceased's living mother.

Remember when there is a will, the Justice of the Court does everything according to the Wills and Succession Act to have the wishes of the deceased be heard in the Will.  Otherwise if there is no will, then the Surrogate Rules are that the Gov't decides who the beneficiaries are of the estate.

Questions are welcomed by calling 403-293-5488 or checking out our website:

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