March 7, 2025
For many women, losing a spouse brings not only emotional grief but also complex legal and financial challenges. Estate disputes are common, particularly in cases involving second marriages, blended families, and unclear estate plans. While Alberta law provides some protections, many women find themselves navigating conflicts over inheritance, family assets, and long-term financial security.
Why Estate Challenges Affect Women Differently:
- Women statistically outlive their spouses, meaning they are more likely to inherit assets and face potential disputes from other beneficiaries.
- Many women may have earned less or relied on their spouse’s income and assets, making them more vulnerable when inheritance conflicts arise.
- If their spouse managed the finances, they may have limited familiarity with the estate plan, increasing their susceptibility to legal disputes or financial mismanagement.
On International Women’s Day, it’s essential to acknowledge these challenges and explore ways women can protect themselves when facing estate disputes.
1. Second Marriages, Blended Families, and Conflicting Interests
In second marriages or blended families, estate disputes often arise when the deceased spouse’s assets must be divided between a surviving spouse and children from previous relationships. A widow may expect to inherit the family home or financial support, but adult children may contest the will, fearing their inheritance is at risk.
Common Disputes Include:
- Who gets the family home?
- Stepchildren may claim a right to the property, especially if they lived there previously or contributed financially.
- Conflicts over sentimental heirlooms and assets.
- Children may dispute gifts given to a stepparent, believing they should remain in the biological family.
- Ensuring financial support for the surviving spouse.
- If most assets pass to children, a widow may be left without sufficient income.
- Unclear estate plans.
- If a will is outdated or ambiguous, disputes over who gets what can escalate.
Legal Considerations in Alberta:
- If a spouse dies without a will, the estate is divided under Alberta’s Wills and Succession Act. When there are children from a previous relationship, the surviving spouse does not automatically receive the entire estate. Instead, a portion may go to the children.
- Even with a will, children can contest the inheritance if they believe their share is unfairly reduced.
Protective Measures:
- Joint ownership and beneficiary designations (e.g., naming the widow on life insurance or RRSPs) ensure direct asset transfer without probate disputes.
- Lifetime trusts allow a widow to use the family home or receive income while preserving assets for children.
- Prenuptial or cohabitation agreements can clarify inheritance rights in second marriages.
- Clear and up-to-date wills help prevent legal battles by explicitly outlining asset distribution.
- Open communication with family members about inheritance intentions can reduce the likelihood of disputes.
2. Family Business Disputes
If a widow was not involved in the family business, she may face challenges from children or business partners. Some families assume a son, or another male relative should take over, leaving a widow with little say.
Key Issues:
- Will the widow inherit shares in the business?
- If the business was the primary source of income, does she have financial security?
- Can she sell her share or receive compensation if she does not wish to be involved?
Protective Measures:
- Business succession planning should include provisions for spouses.
- Buy-sell agreements can outline how shares are transferred or sold after death.
- Fair compensation structures should be in place if a widow does not continue running the business.
3. The Dower Act and a Widow’s Right to the Family Home
One critical protection for widows in Alberta is the Dower Act, which ensures that a surviving spouse cannot be forced out of the family home if the deceased owned it solely in their name. Under this law: A widow has a life interest in the family home, meaning she has the right to live there for the rest of her life. The home cannot be sold or transferred without the widow’s written consent.
While the Dower Act provides essential protections, disputes can still arise, especially in cases where stepchildren or other heirs wish to sell the property. Widows should seek legal advice if they feel their rights under this law are being challenged.
4. Challenges of Common-Law Relationships
Many widows assume they will inherit their partner’s estate, but in Alberta, common-law spouses (referred to as Adult Interdependent Partners) do not have Dower rights. Without proper estate planning, a common-law widow may have to go to court to claim financial support or a share of assets.
How Common-Law Spouses Can Protect Themselves:
- Ensure they are named as beneficiaries on accounts and insurance policies.
- Have a cohabitation agreement outlining financial expectations.
- Create a will that explicitly includes them.
5. The Emotional Toll of Estate Disputes
Estate conflicts can be emotionally and financially draining. Widows often feel isolated when stepchildren, in-laws, or other family members dispute the will. Prolonged legal battles can erode financial security and family relationships.
Seeking early legal advice and ensuring proper estate planning before issues arise can prevent unnecessary disputes.
This International Women’s Day let’s recognize that estate planning today can help protect us from many of the legal and financial difficulties faced when losing a spouse. Estate planning is not just about dividing assets – it’s about ensuring fairness, security, and dignity in our relationships. By taking proactive steps now, women can protect their rights, prevent unnecessary conflicts, and gain peace of mind for the future.
Author
Christina L. Hassan, TEP
Associate, Wills and Estates Group
T: 403.705.3641
E: [email protected]