Beneficiary Designations: RRSPs, RRIFs and Section 47 of the Trustee Act, Final Report 68

This report examines the issue whether section 47 of the Trustee Act ought to apply to RRSPs and RRIFs. It describes the scope and history of this project, looks at the existing law, and concludes that section 47 probably applies to RRSPs, even though its definition of "plan" does not mention them by name. The report also explores the fact that RRIFs as a type of "plan" within the meaning of section 47 is more doubtful. Arguments [...]

By |2020-05-29T15:23:10-06:00September 29th, 1993|Uncategorized|0 Comments
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Effect of Divorce on Wills, Final Report 72

In Alberta, divorce has no effect on a will made during marriage. If a person has made a will that leaves everything to their spouse, the will is not automatically revoked or otherwise affected by a subsequent divorce. If the person who made the will dies without changing their will or remarrying, everything would go to their former spouse in accordance with the pre-divorce will. In many Canadian and foreign jurisdictions the result would be [...]

By |2020-05-29T14:36:35-06:00November 1st, 1994|Uncategorized|0 Comments
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Protection Against Domestic Abuse, Final Report 74

This Report has two primary aims. The first goal is to facilitate the ability of abused individuals to obtain and enforce orders to protect them from their abusers. The process presently in place requires a Court of Queen's Bench appearance, usually requires lawyers, and can be expensive. The report favours granting with the Provincial Court with the power to issue protection orders. This will lower the cost and expand the geographic accessibility of these orders. [...]

By |2022-09-22T15:08:34-06:00February 1st, 1997|Uncategorized|0 Comments
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Reform of the Intestate Succession Act, Final Report 78

The current scheme for intestate succession is patterned after legislation created in 1670. The report aims to reform the Intestate Succession Act in a manner more in line with the modern presumed intention of intestates, which has been gleaned through an examination of various studies. This report recommends that if an intestate died leaving a surviving spouse and issue, and all of the issue were of the surviving spouse, the entire estate should go to the surviving [...]

By |2020-05-29T13:10:20-06:00June 29th, 1999|Uncategorized|0 Comments
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Division of Matrimonial Property on Death, Final Report 83

This report addresses the underlying conflict between the principles of matrimonial property law and succession law that causes unfair results for a surviving spouse who under the existing law does not have a cause of action under the Matrimonial Property Act. The surviving spouse of a marriage terminated by death should not have fewer remedies than the spouse in a marriage terminated by divorce. The contribution of a spouse to a marriage should be recognized either [...]

By |2020-05-29T12:55:36-06:00May 29th, 2000|Uncategorized|0 Comments
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Non-Resident Trustees Under the Dependent Adults Act, Final Report 86

A trustee under the Dependent Adults Act of Alberta handles some or all of the financial affairs of a dependent adult, depending on the terms of the trusteeship order. An individual cannot be appointed a trustee under the Dependent Adults Act unless the individual is a resident of Alberta. The Act's prohibition of non-resident trustees creates significant practical difficulties if the only suitable or most suitable potential trustee is a non-resident or if an Alberta trustee is appointed and [...]

By |2020-05-29T12:44:39-06:00January 29th, 2002|Uncategorized|0 Comments
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Family Law Project – The Conclusion, Final Report 93

This report sets out the process by which ALRI has proposed rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in [...]

By |2020-06-24T12:09:27-06:00June 29th, 2004|Uncategorized|0 Comments
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Property Division: Common Law Couples and Adult Interdependent Partners, Final Report 112

The Alberta Law Reform Institute recommends changes to the law for how common-law couples divide property if their relationship breaks down. This Report also recommends changes to the law for married couples who lived together before marriage and for adult interdependent partners who are not common law couples. Why is Law Reform Needed? 2016 Census data indicates that 320,260 Albertans consider themselves to be in common-law relationships. If common-law couples break up and cannot agree how [...]

By |2023-01-27T10:59:53-07:00June 4th, 2018|Project|0 Comments
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Property Division: Common Law Couples and Adult Interdependent Partners, Report 30

In recent decades, it has become increasingly common for couples to live together without being legally married. Couples who live together in a marriage-like relationship without being legally married are often said to be living in a common-law relationship. In Alberta, there are no legislated rules for property division upon the breakdown of a common-law relationship. The Matrimonial Property Act applies only to married spouses. Property division for common-law partners is based on legal ownership and the [...]

By |2023-01-27T11:00:56-07:00September 30th, 2017|Project|0 Comments
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Property Division: Living Together Before Marriage, Report 31

It is not uncommon for couples to live together before getting married. In some cases, they will acquire significant property, such as a home, furniture and a vehicle. While the Matrimonial Property Act [MPA] applies a presumption of equal division to property acquired during the marriage, it exempts the property acquired before the marriage. Consequently, the original value of that property is not divided on separation or divorce; only the increase in value of that property, from [...]

By |2023-01-27T11:00:45-07:00October 31st, 2017|Project|0 Comments
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