Does Your Spouse Inherit Everything in Alberta?

Alberta is one of the provinces where a surviving spouse can inherit the whole estate without a will — but only under the right conditions. The presence of children from another relationship flips the result, and the rules also reach common-law partners through the Adult Interdependent Partner concept.

When the spouse or AIP gets everything

If you die intestate and all of your children are also your spouse's (or AIP's) children — or you have no children at all — the surviving spouse or AIP inherits the entire estate. Alberta assumes the survivor will look after any shared children.

When the estate gets split

If you have at least one child from a different relationship, the surviving spouse or AIP no longer takes everything. Instead they receive the greater of $150,000 or 50% of the estate, and the rest is divided among your descendants. The design protects children of a prior relationship from being disinherited by default.

Common-law partners and the AIP rules

Alberta doesn't use "common-law" as a legal category for inheritance — it uses the Adult Interdependent Partner. You qualify by living in a relationship of interdependence for three years, or less if you have a child together or sign a formal AIP agreement. A qualifying AIP inherits on intestacy like a spouse. The wrinkle: it's possible to have both a married spouse (if separated but not divorced) and an AIP at once, and they may share the estate — precisely the confusion a will eliminates.

Family maintenance and support

Even with a will, Alberta's Wills and Succession Act lets a spouse, AIP, or dependent child apply for support if the will doesn't adequately provide for them. So you can't fully disinherit a dependant by simply leaving them out.

How a will helps

A will lets you decide exactly what your spouse or partner receives, protect a blended family on your terms, keep the home intact, and avoid disputes over AIP status.

Frequently asked questions

Do common-law partners inherit in Alberta? Yes — a qualifying Adult Interdependent Partner inherits on intestacy much like a spouse. How much does a surviving spouse get in Alberta? Everything if all children are shared; otherwise the greater of $150,000 or 50%, with the rest to descendants. Does a spouse get the house if there's no will in Alberta? It's part of the estate; the spouse may receive it within their share, but it isn't automatic in a blended family. Are stepchildren entitled to inherit in Alberta? Not on intestacy unless adopted; a will is needed to provide for stepchildren.

Not legal advice. General information about Alberta law as of 2026. Confirm specifics with an Alberta estate lawyer.