Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Wills and Succession Act

Part 2 — Wills Interpretation and Application of Part 2

31 Disposition to "issue" or "descendants"

Current to 2025-06-11 · Official PDF

(1) Unless the Court, in interpreting a will, finds that the testator
had a contrary intention, a disposition of property by will to a class
of individuals that
(a) is described in the will as the "issue" or "descendants" of
the testator or of another individual, or by any similar term,
and
(b) includes more than one generation of individuals,
must be distributed in accordance with Part 3 to the descendants of
the testator or other individual in the same manner as if the testator
or other individual had died intestate leaving only descendants and
no spouse or adult interdependent partner.

(2) For greater certainty, an individual who is both a descendant of
the deceased beneficiary and the adult interdependent partner of the
deceased beneficiary may receive a share under subsection (1) as a
descendant.