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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 The current Trustee Act is outdated and has not kept pace with the modern world.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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FILE FR109.pdf

January 1, 2017

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

The Creation of Wills, Report for Discussion 20


This report makes a number of recommendations to reform the Wills Act. It recommends that Alberta courts be given the power to validate a will or an alteration, revocation or revival of a will even if it does not comply with the formalities prescribed by the Wills Act. It also recommends that the age of testamentary capacity remain the same as the age of majority (18 years) so that a minor cannot make a valid will. People […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE rfd020.pdf

September 2, 2009

Creditor Access to Future Income Plans


This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]

AREA OF LAW Corporate and Commercial Personal Property Property
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FORMAT Publications
FILE cm11.pdf

June 4, 2002

Creditor Access to Future Income Plans


This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]

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FORMAT Publications
FILE cm011.pdf

June 1, 2002

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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FORMAT Publications
FILE rfd19.pdf

September 2, 2001

Should a Claim for the Loss of a Chance of Future Earnings Survive Death? Final Report 76


Section 2 of the Survival of Actions Act (SAA) provides that a “cause of action vested in a person survives for the benefit of his estate.” Section 5 of the SAA specifies that “only those damages that resulted in actual financial loss to the deceased or his estate are recoverable.” In Duncan Estate v Baddeley, the Alberta Court of Appeal ruled that the loss of a chance of future earnings was an actual financial loss. This report recommends the SAA be amended […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr076.pdf

December 29, 1999

Reform of the Intestate Succession Act, Final Report 78


The current scheme for intestate succession is patterned after legislation created in 1670. The report aims to reform the Intestate Succession Act in a manner more in line with the modern presumed intention of intestates, which has been gleaned through an examination of various studies. This report recommends that if an intestate died leaving a surviving spouse and issue, and all of the issue were of the surviving spouse, the entire estate should go to the surviving […]

AREA OF LAW Wills and Succession Family Law Marriage & Divorce
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FORMAT Publications
FILE fr078.pdf

June 29, 1999