KARAKTER Realty · Calgary Estate Sales

Alberta's Wills and Succession Act and its effect on estate home sales

What the Act governs

The Wills and Succession Act (Alberta), in force since 2012, replaced and modernized several prior statutes including the Intestate Succession Act and Wills Act. It governs:

Validity of wills — formal requirements, witnesses, capacity.
Intestate succession — who inherits when there's no will.
Inheritance rights of spouses and Adult Interdependent Partners.
Family maintenance and support claims — sometimes called "wills variation" applications.
Substitution under wills — what happens to gifts to beneficiaries who predeceased.

Intestate succession rules

When there's no valid will, the Act distributes the estate according to a fixed formula. The basic order, simplified:

Spouse or AIP, no descendants: spouse/AIP takes everything.
Spouse/AIP and descendants all from the same relationship: spouse/AIP takes everything.
Spouse/AIP and descendants where some descendants are from another relationship: spouse/AIP takes a preferential share — typically the matrimonial home up to a statutory value (currently $150,000 from the residue, plus the matrimonial home in some cases) — plus 50% of the residue; descendants share the remaining 50%.
No spouse/AIP, descendants only: descendants share equally per stirpes (by family branch).
No spouse/AIP, no descendants: parents, then siblings, then more distant relatives.

The home is typically sold to provide cash for distribution when multiple heirs inherit fractions.

Adult Interdependent Partner status

Alberta is unique in recognizing Adult Interdependent Partners (AIP) — a status similar to common-law but with a defined statutory test. To be an AIP, two people must:

Live in a relationship of interdependence for 3+ years, OR
Have a child together (by birth or adoption) and live in a relationship of interdependence, OR
Have signed an Adult Interdependent Partnership agreement.

An AIP has inheritance rights comparable to a spouse under the Act. This matters for unmarried partners — they may have stronger inheritance rights than they realize.

Family maintenance and support claims

Section 88 of the Act allows "family members" who were financially dependent on the deceased to apply to court for support from the estate, even if the will provides nothing or provides inadequately. Eligible applicants include:

Spouse, AIP, or former spouse/AIP receiving support.
Minor children.
Adult children who cannot earn a livelihood due to mental or physical disability.
Adult children under 22 enrolled full-time in education.

If a claim is made, the court can order property — including the matrimonial home — sold or charged to provide support. This can delay or alter a planned home sale. The application must be filed within 6 months of the grant of probate.

If the will doesn't mention the home

When the will doesn't specifically deal with the home (no "I leave my home to X"), the home falls into the "residue" of the estate — what's left after specific gifts. The residue beneficiaries inherit it proportionally. If there are multiple residue beneficiaries, the home must typically be sold so each can receive their fractional share in cash.

Will validity and contested wills

The Act sets formal requirements: signed, witnessed by two adults present at signing, etc. Wills can be challenged on grounds including:

Lack of capacity (the deceased didn't understand what they were signing).
Undue influence (someone pressured the deceased).
Improper execution (witnesses not present at signing, etc.).
Fraud or forgery.

A contested will can delay probate for years. During the contest, the property may be in limbo — the executor cannot transfer title until probate is granted.

Practical for the home sale

KARAKTER works with the executor (or administrator) once the grant is issued. We do not advise on inheritance distribution — that's the estate lawyer's domain. But we ensure the sale proceeds support whatever distribution structure the lawyer confirms:

If a wills variation claim is pending, we delay listing until the claim is resolved.
If beneficiaries are dispersed across multiple shares, we ensure each receives written documentation and the sale price is defensible.
If a surviving spouse/AIP claims preferential share, we structure the sale to support clean proceeds distribution.

Frequently asked questions

What happens to the Calgary home if there is no will?

Alberta's Wills and Succession Act distributes the estate according to a fixed formula. The home is typically sold to provide cash for distribution among inheritors — spouse/AIP first, then descendants by family branch, then more distant relatives. The administrator handles the sale once the court grants administration.

Does a common-law partner inherit in Alberta?

If the relationship meets the Adult Interdependent Partner (AIP) test — 3+ years of interdependence, OR a child together with interdependence, OR a signed AIP agreement — then yes, the AIP has inheritance rights similar to a spouse. Other common-law arrangements may not qualify.

Can a family member contest the will and delay the sale?

Yes. A contested will can pause probate for months or years. Wills variation claims (for dependent family members) must be filed within 6 months of probate; during pendency, the home sale typically pauses. The estate lawyer guides the process; KARAKTER waits for the green light to list.

This page is for general information only and does not constitute legal or tax advice. Alberta estate and probate law is complex; always engage an estate lawyer and a licensed Alberta REALTOR® for your specific situation. KARAKTER Realty is licensed under RECA.