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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 […]

AREA OF LAW Wills and Succession
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FILE FR104.pdf

July 1, 2014

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 […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE FR102.pdf

October 1, 2013

Estate Administration, Report for Discussion 22

Estate administration is the job of gathering the assets of the person deceased, paying the debts and distributing the estate to the persons entitled by will or the intestate succession legislation. Often the personal representative [PR] will be a family member who may have no previous experience of such a job and will also be dealing with the death of a family member at the same time. Surveys have found that the job of a […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE rfd022.pdf

October 2, 2011

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

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr098.pdf

August 29, 2010

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 […]

AREA OF LAW Wills and Succession Family Law
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FORMAT Publications
FILE fr068.pdf

September 29, 1993

Survivorship, Final Report 47

This report recommends a new rule to cover the case in which property is to go to B on A’s death and there is doubt which of them died first. The Alberta Survivorship Act currently provides that in cases of doubt the older of the two will be deemed to have died first. This report proposes a new rule that B, the beneficiary, would be deemed to have died first unless it can be proved that he […]

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August 1, 1986

Powers of Maintenance and Advancement, Final Report 10

This report addresses the widening of the provisions for maintenance from income and capital and considers provisions for advancement. It examines when a gift carries income; powers of maintenance out of income; and powers of maintenance and advancement out of capital. Frequently, the trust instrument does not confer powers to maintain or advance and in modern times statutory powers have appeared. Sections 32 and 33 of theAlberta Trustee Act, 1970, are examined. Section 32 gives […]

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The Attorney General Statutes Amendment Act, 1974 (No. 2), SA 1974, c 65, s 9 amending the Trustee Act (now RSA 2000, c T-8, ss 32, 34, 35, 36(3), 37).

June 1, 1972

Rule in Saunders v Vautier, Final Report 9

This report examines the various Rules in the law of will and trusts with have been subject to criticism to see whether the Rules should be altered, and if so what the new provisions should be. One of these Rules is called the rule in Saunders v Vautier which states: Where there is an absolute vested gift made payable at the future even with a direction to accumulate the income in the meantime and pay […]

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FILE fr009.pdf

The Attorney General Statutes Amendment Act, 1973, SA 1973, c 13, s 12 amending the Trustee Act (now RSA 2000, c T-8, s 42).

February 1, 1972