What is the Wills and Succession Act in Alberta?

When a Calgary homeowner dies, the Wills and Succession Act is the legislation that governs what happens to their property — whether they left a will or not. For executors and administrators managing estate home sales, understanding this Act's key provisions is essential.

What the Act does

The Wills and Succession Act (SA 2010, c W-12.2), in force since February 2012, consolidated and replaced several older Alberta statutes including the Wills Act, the Intestate Succession Act, and the Dependants Relief Act. It now governs: the formal requirements for a valid will; the rules for interpreting ambiguous will language; what happens to the estate when there is no will (intestacy); and the rights of financially dependent family members to apply for relief.

Intestacy: what happens without a will

If a Calgary homeowner dies without a valid will, the Act's intestacy provisions determine distribution. The general rules: a surviving spouse or AIP receives all of the estate if there are no children, or the greater of $150,000 or 50% of the estate if there are children from both the deceased and the surviving spouse, or 50% if there are children from a previous relationship. Adult children share the balance. Without a surviving spouse or children, the estate passes to parents, then siblings, then more distant relatives.

Dependant relief claims

Even with a valid will, the Act allows financially dependent family members to apply for relief if the will does not make adequate provision for them. Eligible claimants include: a spouse or AIP, a minor child, an adult child who is unable to earn a livelihood due to disability, and a parent who was dependent on the deceased. A dependant relief application can tie up an estate's assets — including the home — for months or years while the court determines the claim.

Impact on estate home sales

An executor must be confident that no dependant relief application is outstanding (or that any existing claim has been resolved) before completing a home sale. A claim registered as a caveat on title can prevent or delay the transfer to a buyer. Ryan will not list an estate property until the executor confirms this issue has been addressed with the estate lawyer.

Frequently asked questions

Can a will be contested in Alberta?

Yes. A will can be contested on several grounds: the testator lacked testamentary capacity, the will was signed under undue influence or duress, the will was not properly executed (signed and witnessed), or the will does not reflect the testator's true intentions due to mistake or fraud. A contested will can delay an estate home sale by 12+ months.

What happens to my Calgary home if I die without a will?

Without a will, the Wills and Succession Act's intestacy provisions apply. A surviving spouse or AIP typically inherits the entire estate (or a substantial portion if there are children). If there is no surviving spouse, children share equally. The home cannot be transferred until an administrator is appointed by the court via a Grant of Administration.

How does a dependant relief claim affect the sale of an estate home?

A dependant who files a claim under the Wills and Succession Act can register a caveat on the estate property's title, effectively freezing any transfer until the claim is resolved. The claim can take months or years to resolve through court proceedings. Ryan checks for caveats during the listing process and coordinates with the estate lawyer on resolution before proceeding.

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This page is for general information only and does not constitute legal or tax advice. Consult a qualified Alberta lawyer or accountant for advice specific to your situation.