What happens when a family property dispute is already underway and one of the parties dies?
A recent decision from the Alberta Court of Appeal provides some helpful insight into how family property and estate proceedings can interact.
In Lalonde v. Waddell, 2026 ABCA 296, a separated couple had begun proceedings concerning divorce and the division of family property. Before the matter was resolved, the husband died without a will. The surviving spouse subsequently became the administrator of his estate and brought a separate action involving property that had been transferred to their two sons.
A lower court had ordered that the family property matter be resolved before the estate action could proceed. The surviving spouse appealed that decision.
The Alberta Court of Appeal set aside the procedural order. Among other things, the Court found that the Family Property Act did not require the surviving spouse to complete the existing family property action before pursuing the related estate claim. Based on the circumstances of the case, the Court also concluded that the surviving spouse appeared entitled to the entire estate under Alberta’s succession legislation.
Why does this matter?
Estate disputes can become complicated when a death occurs while other legal proceedings are underway. There may be questions about family property, the deceased’s estate, assets transferred before death, and the rights of surviving family members.
The appropriate legal steps can depend heavily on the circumstances, including whether the deceased left a will, the timing of the parties’ separation, and what claims or proceedings were already underway. In Lalonde v. Waddell, for example, the parties had been separated for less than two years, there was no agreement addressing their family property, and the deceased had not filed a defence or counterclaim before he passed.
While this decision concerns Alberta law, it is a useful reminder that estate and family property issues can overlap in complex ways. The laws governing estates and family property are different in each province, so legal advice should be based on the law that applies to your particular situation.
If you are dealing with an estate dispute, or have questions about your rights following the death of a spouse or family member, getting legal advice early can help you understand your options. Contact Davie & Associates for a free consultation to discuss your situation.
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