Enduring Powers of Attorney: Safeguards Against Abuse, Final Report 88

The Powers of Attorney Act allows a donor of a power of attorney to provide either that the power of attorney will come into effect on the donor's mental incapacity or infirmity or that the power of attorney will continue in force despite the donors supervening mental incapacity or infirmity. It classifies both springing and continuing powers of attorney as "enduring" powers of attorney (EPA). The great majority of attorneys exercise their control for the donor's benefit, [...]

By |2020-06-01T10:21:22-06:00February 1st, 2003|Uncategorized|0 Comments
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Exemption of Future Income Plans, Final Report 91

This report considers whether registered retirement savings plans (RRSPs), deferred profit sharing plans (DPSPs), and registered retirement income funds (RRIFs) should be wholly or partly exempt from creditors' remedies during the lifetime of the plan holder. This report also considers the exempt status of locked-in retirement accounts (LIRAs), life income funds (LIFs) and locked-in retirement income funds (LRIFs). Draft legislation is included. This report states that insurance and non-insurance RRSPs, DPSPs and RRIFs as defined [...]

By |2020-05-29T10:55:36-06:00May 29th, 2004|Uncategorized|0 Comments
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Exemption of Future Income Plans on Death, Final Report 92

This report deals with creditor protection upon death of the plan holder. The principle issue in this report is whether registered retirement savings plans (RRSPs), registered retirement income funds (RRIFs) and deferred profit sharing plans (DPSPs) should be wholly or partially exempt from the remedies of the creditors of the deceased plan holder. Recommendations apply to all RRSPs, RRIFs and DPSPs and recommendations differ somewhat from the creditor protection that now exists for insurance RRSPs, [...]

By |2021-01-21T11:40:44-07:00May 30th, 2004|Uncategorized|0 Comments
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The Creation of Wills, Final Report 96

Categories Menu By Area of Law Administration of Justice Constitutional and Public Law Contract Corporate and Commercial Criminal Law Debtor and Creditor Employment and Industrial Law Equity and Trusts Family Law General Legal Profession Medical Law Partnerships and Associations Personal Representatives Procedure Property Tort Wills and Succession Publication Type The Creation of Wills This report makes a number of recommendations to reform the Wills Act. It recommends that Alberta courts be given the power to validate [...]

By |2020-05-29T10:16:10-06:00September 29th, 2009|Uncategorized|0 Comments
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Wills and the Legal Effects of Changed Circumstances, Final Report 98

In its Final Report on Wills, the Alberta Law Reform Institute (ALRI) makes a number of recommendations for reform of the Wills Act. The main recommendations are in the following areas: “ Changes that Alter or Revoke a Will “ Revocation by Law “ Reviving a Revoked Will “ Admission of Extrinsic Evidence “ Rectification “ Failed Gifts “ Beneficiary Issues “ Ademption by Conversion “ Legal Discrimination Against Children Born Outside Marriage

By |2020-05-29T09:45:42-06:00August 29th, 2010|Uncategorized|0 Comments
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Estate Administration, Final Report 102

The Alberta Law Reform Institute makes a number of recommendations for reform of the Administration of Estates Act. The objective of these reforms is to create clear, rational and accessible legislation that will provide guidance to estate representatives who are responsible for administering an estate. Final Report 102 - Estate Administration clarifies the roles of the estate representative, beneficiaries and the court. It will also outline the primary responsibilities of the estate representative and will emphasize the [...]

By |2020-05-28T16:06:19-06:00October 1st, 2013|Uncategorized|0 Comments
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Beneficiary Designation by Substitute Decision Makers, Final Report 104

The Alberta Law Reform Institute has released recommendations to ensure testamentary wishes are respected upon death. It has become common to use beneficiary designations as a simple way to pass on assets. Beneficiary designations are made with: Pension plans Insurance policies Retirement savings plans Retirement income funds Locked in retirement accounts Tax free savings accounts However, more of the population is aging and losing the capacity to decide who will receive the proceeds of these [...]

By |2020-05-28T15:59:17-06:00July 1st, 2014|Uncategorized|0 Comments
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Assisted Reproduction After Death: Parentage and Implications, Final Report 106

The idea of recognising parentage and inheritance rights for children born after the death of one of their genetic parents has been part of the common law for centuries. However, these provisions have only applied to children en ventre sa mère. In other words, parentage and inheritance rights are bestowed upon those children who are in utero at the time of a parent’s death, provided they are subsequently born alive. Advancements in reproductive technology mean [...]

By |2020-05-28T15:51:56-06:00March 1st, 2015|Uncategorized|0 Comments
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Interprovincial Recognition of Substitute Decision-making Documents: Personal Directives, Final Report 113

In 2016, the Uniform Law Conference of Canada adopted the Uniform Interjurisdictional Recognition of Substitute Decision-Making Documents Act as suitable for implementation across Canada. The Uniform Act seeks to provide harmonized rules for recognizing substitute decision-making documents (like enduring powers of attorney and personal directives) that are prepared outside of the jurisdiction in which they are sought to be used. This final report reviews ALRI’s consultation process and the feedback ALRI received in response to its preliminary [...]

By |2020-05-28T15:40:34-06:00March 1st, 2019|Uncategorized|0 Comments
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Interprovincial Recognition of Substitute Decision-Making Documents, Report 32

Substitute decision-making documents (also called powers of attorney, proxies, personal directives, etc...) delegate authority to one person to act on behalf of another with respect to financial, property or legal affairs and/or personal or health care matters. A valid substitute decision-making document must conform to the laws of the jurisdiction where it is executed. Execution requirements, however, are not uniform across jurisdictions. As a result, a substitute decision-making document may not be recognized outside of [...]

By |2023-01-27T11:00:34-07:00December 1st, 2017|Project|0 Comments
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