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Competence and Communication in the Alberta Evidence Act, Report 27

On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation about competence has not kept pace with modern knowledge about children’s abilities, and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. This Report for Discussion contains preliminary recommendations for updating Alberta […]

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FORMAT Publications
FILE rfd027.pdf

August 1, 2015

Succession and Posthumously Conceived Children, Report for Discussion 23

This report discusses the position of posthumously conceived children under the law of succession in Alberta and outlines some possible options for reform. It is unlikely that parentage can be established for posthumously conceived children under Alberta`s Family Law Act, and therefore the link for inheritance purposes is missing. Even if parentage could be established, the fact that reproduction occurs sometime after the death of one of the parents brings in other factors affecting whether and […]

AREA OF LAW Wills and Succession Children Family Law
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FORMAT Publications
FILE RFD23_web.pdf

February 2, 2012

Reform of the Intestate Succession Act, Report for Discussion 16

A person who dies without a valid will is known as “intestate.” The distribution of such a person’s assets was (at the time of this report’s publication) determined by the Intestate Succession Act, RSA 1980, c I-9. This Act was based on a system of property distribution developed in 1670 (the Statute of Distribution). This report asserts that this scheme of distribution was out of date, and that the will of those who died intestate could be […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE rfd16.pdf

January 2, 1996