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Abolition of Perpetuities Law, Final Report 110


The rule against perpetuities is an ancient and complex set of legal rules designed to prevent people from indefinitely tying up land and assets via successive contingent interests of title so that future generations cannot sell, mortgage or enjoy full use of the property. In 1972, Alberta reformed the worst excesses of the rule against perpetuities in our current Perpetuities Act, seeking a reasonable balance between competing interests. Following public consultation, the Alberta Law Reform […]

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March 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 The current Trustee Act is outdated and has not kept pace with the modern world.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 […]

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January 1, 2017

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 […]

AREA OF LAW Wills and Succession
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FILE FR104.pdf

July 1, 2014

Order of Application of Assets in Satisfaction of Debts and Liabilities, Report for Discussion 19


This report considers the payment of a person’s debts out of their estate after their death (at the time of publication). Over hundreds of years, a common law “order of application” had developed, that determined the order in which certain kinds of assets could be applied to pay off a debt, so that, for example, assets that were not given over as a gift to someone would be applied to pay off debts before those […]

AREA OF LAW Wills and Succession Constitutional and Public Law
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FILE rfd19.pdf

September 2, 2001