Lalonde v Waddell

Decided: 2026-09-14. Docket: 2603-0029AC. Citation: 2026 ABCA 296 (CanLII). Estates and wills — Intestacy — Surviving spouse — Wills and Succession Act, s 61(1)(a), s 63(1) — Whether separated surviving spouse is deemed to have predeceased intestate — Separation for less than two years at death — Descendant also surviving spouse’s descendant — Entirety of intestate estate to surviving spouse — Appeal granted | Family — Family property — Continuation after death — Family Property Act, s 16(a), s 11, s 12 — Whether surviving spouse must pursue and complete family property action before estate action — “May be continued by the estate” permissive not mandatory — Deceased spouse did not commence action or counterclaim — Family Property Action Procedural Order set aside | Procedure — Appeal — Pr