Publications
Perpetuities Law: Abolish or Reform? Report 29
Perpetuities law is a complex set of legal rules designed to prevent people from indefinitely tying up land and assets for an excessive period of time so that future generations cannot deal freely with the property. But has the time come to abolish perpetuities law in Alberta? Do other modern legal rules now exist which could handle the situation better or more simply? Or should perpetuities law be retained but extensively reformed? Have your say […]
| AREA OF LAW | Administration of Justice Courts Procedure Property |
| TAGS | alberta, law, perpetuities, trustee |
| FORMAT | Other |
| FILE | rfd029.pdf |
April 1, 2016
A New Trustee Act for Alberta, Report 28
In 2012, the Uniform Law Conference of Canada published the Uniform Trustee Act and recommended it be adopted by the common law provinces. ALRI representatives participated in the creation of the Uniform Trustee Act. ALRI’s Report For Discussion #28, A New Trustee Act for Alberta, consists of recommendations for implementing the Uniform Trustee Act in Alberta. Using the Uniform Trustee Act as a starting point, ALRI has enhanced, tailored and clarified the Uniform Trustee Act to […]
| AREA OF LAW | Wills and Succession Family Law |
| TAGS | new trustee act, trust, trustee, trustee act, Uniform Trustee Act |
| FORMAT | Publications |
| FILE | rfd028.pdf |
November 1, 2015
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 |
| TAGS | rsp, rif, lira, tfsa, inherit, guardian, retirement, designation, attorney, beneficiary, asset, insurance, pension, substitute, trustee |
| FORMAT | Publications |
| FILE | FR104.pdf |
July 1, 2014
Enduring Powers of Attorney: Areas for Reform, Final Report
Western Canada Law Reform Agencies (WCLRA) consists of the British Columbia Law Institute, the Alberta Law Reform Institute, the Law Reform Commission of Saskatchewan and the Manitoba Law Reform Commission. In its first report, WCLRA recommends uniformity of certain key provisions in each western province’s statute governing enduring powers of attorney (EPAs). Apart from these proposed uniform provisions, it is intended that each province’s statute will remain unique. The areas in which WCLRA proposes uniformity […]
| AREA OF LAW | Wills and Succession |
| TAGS | appoint, planning, trusts, mental, epa, donor, attorney, capacity, enduring, estate, financial, power, trustee, witness |
| FORMAT | Publications |
| FILE | WCLRA-EPA-report.pdf |
June 16, 2008
Enduring Powers of Attorney: Areas for Reform, Consultation Paper
Western Canada Law Reform Agencies (WCLRA) consists of the British Columbia Law Institute, the Alberta Law Reform Institute, the Law Reform Commission of Saskatchewan and the Manitoba Law Reform Commission. In its first report, WCLRA recommends uniformity of certain key provisions in each western province’s statute governing enduring powers of attorney (EPAs). Apart from these proposed uniform provisions, it is intended that each province’s statute will remain unique. The areas in which WCLRA proposes uniformity […]
| AREA OF LAW | Wills and Succession |
| TAGS | appoint, planning, trusts, mental, epa, donor, attorney, capacity, enduring, estate, financial, power, trustee, witness |
| FORMAT | Publications |
| FILE | wclra-EPA-CP1.pdf |
August 10, 2004
Enduring Powers of Attorney: Safeguards Against Abuse, Final Report 88
The Powers of Attorney Act allows a donor of a power of attorney to provide either that the power of attorney will come into effect on the donor’s mental incapacity or infirmity or that the power of attorney will continue in force despite the donors supervening mental incapacity or infirmity. It classifies both springing and continuing powers of attorney as “enduring” powers of attorney (EPA). The great majority of attorneys exercise their control for the donor’s benefit, […]
| AREA OF LAW | Wills and Succession |
| TAGS | epa, donor, incapacity, safeguard, infirmity, attorney, control, enduring, powers, public, Rights, trustee |
| FORMAT | Publications |
| FILE | fr088.pdf |
February 1, 2003
Non-Resident Trustees Under the Dependent Adults Act, Final Report 86
A trustee under the Dependent Adults Act of Alberta handles some or all of the financial affairs of a dependent adult, depending on the terms of the trusteeship order. An individual cannot be appointed a trustee under the Dependent Adults Act unless the individual is a resident of Alberta. The Act’s prohibition of non-resident trustees creates significant practical difficulties if the only suitable or most suitable potential trustee is a non-resident or if an Alberta trustee is appointed and […]
| AREA OF LAW | Wills and Succession Family Law |
| TAGS | non-resident, dependent, safeguard, enforcement, money, appointment, security, trustee |
| FORMAT | Publications |
| FILE | fr086.pdf |
January 29, 2002
Trustee Investment Powers, Final Report 80
If the instrument that creates a trust does not expressly define the trustee’s powers, section 5 of the Trustee Act defines them. Known as the “legal list”, section 5 states which type of investments a trustee may purchase. The list of permitted investments aims to minimize risk. Many Commonwealth jurisdictions are replacing the legal list concept with the prudent investor approach, and a description of this evolution is included in Chapter 2. The prudent investor method encourages […]
| AREA OF LAW | Wills and Succession |
| TAGS | constraint, investment, investor, power, prudent, prudent man, trust, trustee |
| FORMAT | Publications |
| FILE | fr080.pdf |
February 29, 2000
Trustee Investments Powers, Consultation Memorandum 7
A person who creates a trust is entitled to give the trustees investment powers that are as broad or as narrow as the trust creator considers appropriate. A trust portfolio consisting only of assets identified in section 5 of the Trustee Act would be described as conservative and over the long term the return on such a portfolio would be significantly lower than the return that an investor could realize by applying ordinary principles of long-term prudent […]
| AREA OF LAW | Wills and Succession |
| TAGS | risk, constant, investment, investor, power, prudent, prudent man, trust, trustee |
| FORMAT | Publications |
| FILE | CM7.pdf |
September 4, 1999
Revision of the Surrogate Rules, Final Report 73
This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate. A complicated, detailed endeavour, it was completed in partnership with the Surrogate Rules Committee, and focused solely on the procedural statutory provisions involved. Substantive provisions are examined in another project now underway. Some recommendations are: That one court have carriage of all applications dealing with the administration of a given estate so that courtroom efficiency is […]
| AREA OF LAW | Wills and Succession |
| TAGS | grant, affidavit, surrogate, dependent, deceased, estate, minor, Rule, trustee, will |
| FORMAT | Publications |
| FILE | fr073.pdf |
May 29, 1996