Every province and territory has a law that allows for certain
people to apply for support from the estate of a deceased person,
where they were left nothing at all or where they feel they were
not left enough. The laws in each jurisdiction are slightly different
and have different names. For example, in Alberta, it is the Dependants
Relief Act; in British Columbia, it is the Wills Variation
Act; in Nunavut, it is the Dependants Relief Act;
and in Quebec, it is contained within the Civil Code as
Survival of Support Obligation After Death.
Generally, the laws allow for someone who was a dependant of the
deceased to apply for more funds from the estate. Who qualifies
as a dependant differs in each area. For example, in Alberta any
child who does not have a disability must be under 18 years of age,
but in Saskatchewan children over 18 might be considered if they
fall within a set of criteria set out in the law.
Your friend should try to find out what the law is in her province
and then make a decision based upon that information. For example,
if it is likely that her son could challenge the will, she might
want to provide for him so that other members of the family will
not have to deal with that situation.