Alberta Dower Act Consultation Summary
This document summarizes the results of consultations ALRI conducted for the it's law reform project on the Alberta Dower Act. ALRI ran two online surveys. Both surveys were open from 3 December 2021 to 7 March 2022. One survey was aimed at the general public - the general survey. Another survey was aimed at professionals who use the Dower Act in their work, including lawyers, real estate brokers and agents, landmen, and estate planners or administrators [...]
Dower Act, Final Report 118
The Alberta Law Reform Institute (ALRI) is recommending replacing the Dower Act with new legislation. The Dower Act protects a spouse if the couple’s home is solely owned by the other spouse. It has two features that prevent a non-owner spouse from losing their home unexpectedly: Consent to disposition: The owner cannot sell, lease, mortgage, or otherwise transfer the homestead without the non-owner’s consent. Life estate: After the owner’s death, the non-owner can keep the homestead for [...]
Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Final Report 117
Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Final Report 117 recommends that the Wills and Succession Act be reformed to allow a child to apply for family maintenance and support from the estate of a person who stood in the place of a parent. Who is a Person Standing in the Place of a Parent? To be in place of a parent a person must [...]
Dower Act: Life Estate, Report for Discussion 37
The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute's (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated [...]