Publications
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 […]
| AREA OF LAW | Wills and Succession Family Law Property Real Property |
| TAGS | homeowner, trailer, bank, occupant, landmen, homeless, adult interdependent partner, estate plan, condo, life estate, home, homestead, house, husband, wife, disposition, real estate, partner, common law, consent, death, dower, lease, loss, mobile home, mortgage, owner, spouse, tenant |
| FORMAT | Publications |
| FILE | Dower_consultation_summary.pdf |
September 9, 2022
Improving Alberta’s Dower Act
| AREA OF LAW | Wills and Succession Family Law Marriage & Divorce Property Real Property |
| TAGS | senior, life estate, estate planning, home, disposition, ownership, real estate, dower, estate, mortgage, Property, spouse, title, will |
| FORMAT | Publications |
| FILE | Dower_Summary.pdf |
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 […]
| AREA OF LAW | Wills and Succession Family Law |
| TAGS | equality, stepparent, stepfather, stepmother, blended family, disability, stepchild, planning, in loco parentis, fairness, testamentary, child, common law, divorce, estate, family, freedom, maintenance, relief, succession, support, will |
| FORMAT | Publications |
| FILE | FR117.pdf |
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 […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD37.pdf |
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 […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD36.pdf |
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
| AREA OF LAW | Wills and Succession Children Family Law Marriage & Divorce |
| TAGS | blended, step, mother, father, sibling, application, in loco parentis, raise, adopt, obligation, parent, money, inheritance, adoption, children, death, estate, family, maintenance, minor, support, will |
| FORMAT | Publications |
| FILE | RFD34.pdf |
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 […]
| AREA OF LAW | Wills and Succession |
| TAGS | rules, directives, enduring, execution, personal, recognition, substitute |
| FORMAT | Publications |
| FILE | FR113.pdf |
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 […]
| AREA OF LAW | Wills and Succession |
| TAGS | attorney, directives, execution, personal, powers, recognition, substitute |
| FORMAT | Other |
| FILE | RFD32.pdf |
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 […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | act, asset, estate, law, new trustee act, Property, reform, report, trust, trustee act |
| FORMAT | Publications |
| FILE | FR109.pdf |
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 […]
| AREA OF LAW | Wills and Succession Family Law |
| TAGS | new trustee act, trust, trustee, trustee act, Uniform Trustee Act |
| FORMAT | Publications |
| FILE | rfd028.pdf |
November 1, 2015