Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Wills and Succession Act

Part 5 — Family Maintenance and Support

88 Order for maintenance and support of family member

Current to 2025-06-11 · Official PDF

(1) If a person
(a) dies testate without making adequate provision in the
person's will for the proper maintenance and support of a
family member, or
(b) dies either wholly or partly intestate and the share to which
a family member is entitled under a will or Part 3 or both is
inadequate for the proper maintenance and support of the
family member,
the Court may, on application, order that any provision the Court
considers adequate be made out of the deceased's estate for the
proper maintenance and support of the family member.
(2) The order may be made in respect of one or more family
members.
(3) The order may be made in respect of all or any part of the
estate, and regardless of whether there is a will or intestacy.
(4) The order may limit or terminate any period of temporary
possession or any right of a surviving spouse or adult
interdependent partner under Division 1 if, and to the extent that,
the Court considers the limitation or termination necessary to
provide for the proper maintenance and support of another family
member.