Authors: Marty Birky and Eleanor Carlson

In Alberta, when a family maintenance and support (FMS) claims is made against an estate, the Courts are to balance testamentary intention with the need to provide for the deceased’s “family members”, as defined in the Wills and Succession Act. This paper explores the limits on testamentary intention stemming from the legal rights of certain classes of individuals who can apply to the Court and request a provision from an estate where they were not adequately provided for.

This paper was presented at LESA’s Family Maintenance and Support Claims: Testamentary Intentions vs. Moral Obligations webinar on October 1, 2024.