Generally, the deceased partner’s estate is distributed according to their Will. However, the surviving adult interdependent partner has certain rights regardless of what the Will says: The surviving partner has a right to occupy the family home for a period of 90 days starting on the date of the death of the deceased partner. This right to occupy the family home for 90 days arises if the surviving partner is not on title to the home and is ordinarily occupying the home it at the time of the death of the deceased partner. This right applies to condominiums, rented homes, a part of a business premise used for living space and mobile homes. The surviving partner is entitled to use the household goods during this time. The deceased partner’s estate is responsible for paying the rent or mortgage payments for the home, payments on any leases or loans for household goods, insurance, taxes, utilities, and the costs of reasonable maintenance and repair of the home and household goods. The surviving partner is responsible for ensuring that the home and household goods are maintained and kept in a state of reasonable repair. The surviving partner may ask the court for maintenance and support from the deceased partner’s estate if the deceased partner did not make adequate provisions for the surviving partner in their Will. These rights are set out in Alberta’s Wills and Succession Act. Last Reviewed: June 2019