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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 […]

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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 […]

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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
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FILE FR104.pdf

July 1, 2014

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
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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
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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
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FORMAT Publications
FILE fr080.pdf

February 29, 2000

Trustee Investments Powers


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
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FORMAT Publications
FILE CM7.pdf

September 4, 1999

Trustee Investments Powers


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 […]

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FILE cm007.pdf

September 1, 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
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FILE fr073.pdf

May 29, 1996

Revision of the Surrogate Rules, Report for Discussion 10


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
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FORMAT Publications
FILE rfd10.pdf

May 2, 1996