Improving Alberta’s Dower Act

February 15, 2022

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 […]

January 25, 2022

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Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]

November 24, 2021

Dower Act: Consent to Disposition, Report for Discussion 36

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Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]

November 23, 2021

Family Maintenance and Support from the Estate of a Person that Stood in the Place of a Parent, Report for Discussion 34

November 3, 2020

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 […]

March 1, 2019

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 […]

December 1, 2017

A New Trustee Act for Alberta, Final Report 109

Trusts are used by many Albertans as a way to manage property and assets, both before and after death. Having modern and clear rules for setting up and handling trusts is important to allow Albertans to manage and distribute their property. The current Trustee Act is outdated and has not kept pace with the modern world. ALRI has just released Final Report No. 109 – A New Trustee Act for Alberta. The Report sets out ALRI’s […]

January 1, 2017

A New Trustee Act for Alberta, Report 28

In 2012, the Uniform Law Conference of Canada published the Uniform Trustee Act and recommended it be adopted by the common law provinces. ALRI representatives participated in the creation of the Uniform Trustee Act. ALRI’s Report For Discussion #28, A New Trustee Act for Alberta, consists of recommendations for implementing the Uniform Trustee Act in Alberta. Using the Uniform Trustee Act as a starting point, ALRI has enhanced, tailored and clarified the Uniform Trustee Act to […]

November 1, 2015

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 […]

March 1, 2015