Author: Malkit Atwal

This paper provides a brief overview of the Family Maintenance and Support (FMS) regime in Alberta. Canvassing a number of recent cases, it reviews the legislative and common law factors that govern FMS claims and courts’ application and interpretation of those factors. The paper identifies common themes that emerge from the cases to enable practitioners seeking to advance or defend an FMS claim on behalf of their clients.

This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.