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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

Wills: Non-Compliance with Formalities


Wills are occasionally excluded from probate because their execution does not comply strictly with the formalities required by the Wills Act. This paper is to determine whether or not provision should be made for admitting to probate some or all wills that do not strictly comply with the formalities but which testators nonetheless intend to constitute their wills. This paper raises the question of whether or not some provisions should be made that would allow a […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE CM8.pdf

December 4, 1999

Wills: Non-Compliance with Formalities


Wills are occasionally excluded from probate because their execution does not comply strictly with the formalities required by the Wills Act. This paper is to determine whether or not provision should be made for admitting to probate some or all wills that do not strictly comply with the formalities but which testators nonetheless intend to constitute their wills. This paper raises the question of whether or not some provisions should be made that would allow […]

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FORMAT Publications
FILE cm008.pdf

December 1, 1999

Effect of Divorce on Wills, Final Report 72


In Alberta, divorce has no effect on a will made during marriage. If a person has made a will that leaves everything to their spouse, the will is not automatically revoked or otherwise affected by a subsequent divorce. If the person who made the will dies without changing their will or remarrying, everything would go to their former spouse in accordance with the pre-divorce will. In many Canadian and foreign jurisdictions the result would be […]

AREA OF LAW Wills and Succession Family Law Marriage & Divorce
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FORMAT Publications
FILE fr072.pdf

November 1, 1994