Publications
Access to Digital Assets, Final Report 121
More than ever, people are storing their important personal information and other digital property online within the servers of large American companies such as Google, Facebook, and Apple. These “digital assets” can be anything from precious family photos and records to sensitive financial and legal information. What Canadians don’t realize is that outdated laws govern who can access those assets after the owner dies or loses capacity. Even with all the necessary documents proving a […]
| AREA OF LAW | Wills and Succession |
| TAGS | web, website, domain, crypto, bitcoin, gaming, account, instagram, music, license, itunes, art, nft, cloud, custodian, social media, email, digital, google, facebook, apple, photo, ownership, user, income, access, asset, estate, fiduciary, media, succession, will |
| FORMAT | Publications |
| FILE | FR121.pdf |
March 26, 2024
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 | stepfather, stepmother, blended family, disability, stepchild, equality, stepparent, 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
Assisted Reproduction After Death: Parentage and Implications, Final Report 106
The idea of recognising parentage and inheritance rights for children born after the death of one of their genetic parents has been part of the common law for centuries. However, these provisions have only applied to children en ventre sa mère. In other words, parentage and inheritance rights are bestowed upon those children who are in utero at the time of a parent’s death, provided they are subsequently born alive. Advancements in reproductive technology mean […]
| AREA OF LAW | Wills and Succession |
| TAGS | parentage, inheritance, assisted, posthumous, reproduction, succession |
| FORMAT | Publications |
| FILE | FR106.pdf |
March 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 |
| TAGS | inheiritance, intestacy, parentage, posthumous, children, succession, will |
| FORMAT | Publications |
| FILE | RFD23_web.pdf |
February 2, 2012
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 |
| TAGS | beneficiary, death, estate, succession |
| FORMAT | Publications |
| FILE | rfd022.pdf |
October 2, 2011
Status of Children: Revised Report, Final Report 60
This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in […]
| AREA OF LAW | Wills and Succession Children Family Law |
| TAGS | child, custody, guardianship, illegitimate, paternity, status, succession, support |
| FORMAT | Publications |
| FILE | fr060.pdf |
May 29, 1991
Towards Reform of the Law Relating to Cohabitation Outside Marriage, Final Report 53
This report addresses the position (at the time of its writing) of opposite-sex couples living together on a domestic basis without a legal marriage. Since these partnerships carry many of the same responsibilities as marriage partnerships, the report suggests that they be afforded similar (but not identical) protections under the law. Twenty-one recommendations are provided here, with the majority opinions falling roughly into the following categories: – Non-married opposite-sex cohabitants should have an official status, […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | child, cohabitation, exem, insurance, maintenance, pension, Property, succession |
| FORMAT | Publications |
| FILE | fr053.pdf |
June 1, 1989
Family Relief, Final Report 29
This report was undertaken as part of ALRI’s studies on the reform of family law. The Family Relief Act provides for an award from an estate for the maintenance of the surviving spouse and a limited class of children. The maintenance must come from the net estate after payment of claims against the deceased. An eligible dependant may apply to the court within six months of the grant of probate or administration. There is provision […]
| AREA OF LAW | Family Law |
| TAGS | dependant, family, matrimonial, Property, relief, spouse, succession, variation |
| FORMAT | Publications |
| FILE | fr029.pdf |
June 1, 1978