Maintenance & Support Claim Lawyers
The dependant relief provisions are intended to be given a purposive and remedial interpretation to override the asset distribution scheme set out in a testator’s will.
In Alberta, the legislation requires that the court determine whether the testator’s will made adequate provision for the proper maintenance and support of a family member.
In Alberta, the threshold level of need is an individual matter, tested by a variety of variables, including a reflection of lifestyle and history, an ongoing requirement that may undergo future changes. It is based on a needs-maintenance approach.
In Alberta, in considering an application for the maintenance and support of a family member, the court must consider, as applicable, circumstances enumerated in the act, and may consider any other matter the court considers relevant.
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Dealing with estate disputes can be a stressful and overwhelming period for families. Our knowledgeable legal team help make the process fair and amicable.