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 What Canadians don’t realize is that outdated laws govern who can access those assets after the owner dies or loses capacity.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 […]

March 26, 2024

Creation of Electronic Wills, Consultation Results

November 2, 2023

Improving Alberta’s Dower Act

February 15, 2022

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 […]

January 25, 2022

Dower Act: Life Estate, Report for Discussion 37

The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]

November 24, 2021

Dower Act: Consent to Disposition, Report for Discussion 36

The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]

November 23, 2021

Family Maintenance and Support from the Estate of a Person that Stood in the Place of a Parent, Report for Discussion 34

November 3, 2020

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 […]

February 2, 2012

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

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 […]

September 2, 2007