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Will Archives

LEFT OUT OF A WILL? FAMILY MAINTENANCE AND SUPPORT CLAIMS

In Alberta, freedom of "Testator Intention" with respect to inclusion or exclusion of potential beneficiaries from one's will, has been overlaid with the right of a family member for whom provision has not been made to apply for Family Maintenance and Support. If successful, the claim will be paid out of the Deceased's estate. This leads to a couple of questions. First, who qualifies as a "family member"? Second, what exactly is Family Maintenance and Support?

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