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No Will and Children from a Prior Relationship
There can be some very serious, and unwanted, consequences that arise from dying without a valid will, which demands your immediate attention.
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
When you die without a valid will (intestate) and have children from a prior relationship, this can create particular challenges for your current spouse or adult interdependent partner, due to the legislative protections intended to protect those children. The Wills and Succession Act (Alberta) provides a rigid formula for asset distribution that completely ignores the specific financial needs or verbal promises made by the deceased. When a person dies leaving behind both a surviving spouse (or adult interdependent partner) and children from a different relationship, the law dictates a mandatory split of the estate. The spouse is typically entitled to a preferential share (currently the greater of $150,000 or half the estate), with the remainder being divided among the children.
The lack of a will creates a significant liquidity crunch for a surviving spouse who may have relied entirely on the deceased’s income or shared assets. If the majority of the deceased’s wealth is tied up in the family home or non-liquid investments, the mandatory distribution to children from a previous relationship might force the sale of the home to satisfy the children's legal inheritance. While Alberta law does provide the surviving spouse with a right to occupy the family home for a 90-day period, this is a fleeting protection that does not solve the long-term problem of displacement. Without a will to grant a life interest in the property, the surviving spouse may find themself legally obligated to sell the family home while still in a state of grief to satisfy the legal obligations under the Wills and Succession Act.
A valid will serves as a critical shield against this involuntary fragmentation of the estate by allowing the testator to prioritize the spouse's immediate and future support. Through a will, you can establish a Spousal Trust, which allows the surviving partner to benefit from the income generated by the estate’s assets for the duration of their lifetime. This ensures the spouse is never left destitute or unable to meet daily expenses, while still designating that the remaining capital passes to the children from the previous relationship upon the spouse's eventual passing. By taking this proactive step, the deceased balances the competing interests of their blended family rather than leaving them to navigate a legal default that satisfies no one.
Furthermore, intestacy often breeds significant emotional friction and litigation between the surviving spouse and the children of the prior relationship. When the law imposes a mandatory split, it can create an adversarial environment where children feel entitled to immediate payouts, while the spouse feels vulnerable and undervalued. A clear, legally binding will eliminates this ambiguity and provides a roadmap that explains the decedent’s intentions, which often de-escalates potential family feuds. It allows the decedent to appoint a specific Personal Representative (Executor) who had the decedent's confidence in managing these complex interpersonal dynamics, rather than leaving the family to argue over who should apply for a Grant of Administration.
Avoid putting your loved ones in the difficult situation of attempting to settle and administer your estate without a valid will, by putting in place the necessary estate planning documents when you are alive and capable. Contact our law firm today at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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