Who inherits in Alberta if you die without a will?

Alberta's Wills and Succession Act decides. If you leave a spouse or adult interdependent partner and all of your children are also theirs, your partner inherits everything and your children receive nothing directly. If any child is from another relationship, your partner receives the greater of $150,000 or half the estate, and your children share the rest. With no partner, your children inherit equally; with no children, the estate moves to parents, then siblings, and onward through the family tree.

Does a common-law partner inherit in Alberta without a will?

Alberta recognizes an adult interdependent partner (generally after 3 years living in an interdependent relationship, or with a child together plus an agreement) — an AIP inherits like a spouse under intestacy. But the definition is technical, and in many other provinces a common-law partner inherits nothing without a will. A will removes the uncertainty.

What happens to a child's inheritance if they are under 18?

Without a will, a minor child's share is typically administered under the oversight of the Public Trustee and paid out in full when the child turns 18 — regardless of whether an 18-year-old should receive a lump sum. A will lets you set trusts, staged payouts, and choose the trustee.

Dying Without a Will in Alberta — Who Inherits?

If you die without a will, you don't decide who gets your estate — Alberta's Wills and Succession Act does. Enter your family situation and see the exact split, how the law calculates it, and the traps most families never see coming.

⚖️ Alberta Intestacy Rules 📊 Instant Breakdown 🔒 Private · In-Browser ✓ Free · No Sign-up

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Your Situation

Educational model of Alberta's intestacy rules (Wills and Succession Act, Part 3). It simplifies — separation, blended families, and partner definitions have technical edges. Not legal advice; talk to an estate professional.

Estate value — after debts, roughly what you own

Relationship status

Children — of any age

2 children

Are all children also your partner's children?

Under Alberta law, with no will

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How the law gets there

Is this the outcome you'd choose?

A will costs a fraction of what this uncertainty costs your family. Swift works with your estate lawyer on the tax side — wills, spousal rollovers, and corporate assets.

Book a Consultation →

The Law Has a Will for You — You Just Didn't Write It

Roughly half of Canadian adults don't have a will. When that happens, Alberta's Wills and Succession Act dictates who inherits — a rigid formula that ignores what you would have wanted, who needs it most, and what's tax-smart.

The Results That Surprise People

All to your spouse, nothing to the kids — if all your children are also your partner's, they inherit nothing directly
Blended families split by formula — your partner gets the greater of $150,000 or half; children from a prior relationship share the rest
Stepchildren get nothing — unless legally adopted, they are invisible to intestacy law
18-year-olds get lump sums — a minor's share is released in full at 18, with no trust and no strings
No executor of your choosing — someone must apply to the court for a grant of administration, adding cost and months of delay

Where Tax Meets the Estate

Intestacy also wrecks tax planning. Dying without a will can forfeit the spousal rollover on capital property and private-company shares — accelerating a tax bill your family didn't need to pay yet. If you own a corporation, this interacts with everything in our guide on corporate-owned life insurance and the tax at death.

What a Will Buys You

You choose who inherits — and protect a blended family fairly
You choose your executor and your children's guardian
Trusts and staged payouts instead of lump sums at 18
The spousal rollover and estate tax planning preserved on purpose
Faster, cheaper administration for the people you leave behind

How Swift Helps

We're accountants, not lawyers — and that's the point. Our estate planning team models the tax at death, coordinates the spousal rollover and corporate assets, and works alongside your estate lawyer so the will they draft is tax-smart, not just legally valid.