Maintenance & Support Claim Lawyers

What is a maintenance and support claim?

Alberta law recognizes that certain dependants are entitled to maintenance and support when a person dies. However, there are circumstances where the deceased does not make adequate provision for the dependant. Dependants’ relief legislation gives dependants the right to apply for maintenance where reasonable provision for maintenance has not been made. The legislation is not intended to assist a dependant in building up an estate. Its sole object is to provide adequate maintenance under all the circumstances.

How is dependants’ relief legislation applied?

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.

Get Help From The Experts.

Dealing with estate disputes can be a stressful and overwhelming period for families. Our knowledgeable legal team help make the process fair and amicable.