What are Dependant’s Relief Claims?
In Alberta, the Wills and Succession Act outlines the rights of beneficiaries to receive support after an individual has passed away. Additionally, it provides clarity on the definition of who constitutes a “dependant”. A dependant’s relief claim is essentially an application to receive support from the deceased individual’s estate in the event they were not included in the will or if someone dies without a will. When an individual dies – payments to beneficiaries typically take precedence over any other bequests in the will.
Who is eligible for dependant’s relief?
In order to be considered a dependant in Alberta – the individual must:
- Be a spouse, child or sibling of the deceased; and
- Immediately before the deceased death – the deceased must have been providing support to them or was under legal obligation to provide support to them
The definition of a parent also extends to grandparents or a person who has demonstrated a “settled intention to treat the deceased as a child of his or her family”. The definition of a child can also include grandchildren of the deceased or a person who has demonstrated a “settled intention to treat as a child of his or her family, any child conceived before and born alive after the parent’s death”. The definition of a spouse also includes a legally married spouse, or if they were legally married and were subsequently divorced, a common-law spouse, interdependent partner who lived continuously with the deceased for a period legislated by the Province of Alberta or a person whom the deceased had some form of continuous relationship with that was of some permanence. Finally, a sibling in this sense is considered a brother or sister of the deceased.
How an Edmonton Estate Litigation Lawyer Can Help with Dependant Relief Claims
A lawyer will ensure a Notice of Application is filed with the courts including any supporting affidavits and supporting documents. They will also ensure all the relevant parties are served with the documents and court attendance may be necessary. In highly contentious cases there may be things like pre-trial conferences, mediation, examination for discoveries, cross-examinations and more required and these are some of the things a lawyer will assist with. If you need to file a dependant’s relief claim or challenge one – contact our Edmonton estate litigation lawyers today for immediate assistance.
Contact an Edmonton Estate Litigation Lawyer from Alberta for Legal Assistance
Contact Verhaeghe Law Office today for legal assistance with respect to dependant relief claims. This is not a type of legal claim that you want to tackle yourself with no legal experience as they can be quite complex. Additionally, there may be representation required on your behalf in court so having an Edmonton estate litigation lawyer on your side when filing this claim can help ensure that it’s filed property and in accordance with the Rules of Civil Procedure.
You can book a consultation with our legal team today by filling out our online contact form, live chatting with one of our live chat agents or by calling our law firm at 587-410-2500. We look forward to helping you with your claim.
Disclaimer: Please note this is only intended to act as a general overview on a legal topic and not intended to act as specific legal advice for your specific situation. For more legal advice please contact a lawyer.