Publications
Estate Administration, Final Report 102
The Alberta Law Reform Institute makes a number of recommendations for reform of the Administration of Estates Act. The objective of these reforms is to create clear, rational and accessible legislation that will provide guidance to estate representatives who are responsible for administering an estate. Final Report 102 – Estate Administration clarifies the roles of the estate representative, beneficiaries and the court. It will also outline the primary responsibilities of the estate representative and will emphasize the […]
AREA OF LAW | Wills and Succession |
TAGS | wills, beneficiaries, representative, administration, act, beneficiary, estate |
FORMAT | Publications |
FILE | FR102.pdf |
October 1, 2013
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
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
AREA OF LAW | Wills and Succession |
TAGS | revocation, revoke, rectification, gifts, inheritance, beneficiary, estate, marriage, reform, will |
FORMAT | Publications |
FILE | fr098.pdf |
August 29, 2010
The Creation of Wills, Final Report 96
Categories Menu By Area of Law Administration of Justice Constitutional and Public Law Contract Corporate and Commercial Criminal Law Debtor and Creditor Employment and Industrial Law Equity and Trusts Family Law General Legal Profession Medical Law Partnerships and Associations Personal Representatives Procedure Property Tort Wills and Succession Publication Type The Creation of Wills This report makes a number of recommendations to reform the Wills Act. It recommends that Alberta courts be given the power to validate […]
AREA OF LAW | Wills and Succession |
TAGS | validate, alteration, revival, formalities, majority, testamentary, requirement, handwriting, interpretation, revocation, revoke, wills, act, capacity, decision, holograph, witness |
FORMAT | Publications |
FILE | fr096.pdf |
September 29, 2009
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 | planning, trusts, appoint, mental, epa, donor, attorney, capacity, enduring, estate, financial, power, trustee, witness |
FORMAT | Publications |
FILE | WCLRA-EPA-report.pdf |
June 16, 2008
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 […]
AREA OF LAW | Wills and Succession |
TAGS | valid, exempt, statutory, validate, majority, testamentary, handwriting, interpretation, capacity, decision, estate, holograph, substitute, will, witness |
FORMAT | Publications |
FILE | rfd020.pdf |
September 2, 2007
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 | planning, trusts, appoint, mental, epa, donor, attorney, capacity, enduring, estate, financial, power, trustee, witness |
FORMAT | Publications |
FILE | wclra-EPA-CP1.pdf |
August 10, 2004
Exemption of Future Income Plans on Death, Final Report 92
This report deals with creditor protection upon death of the plan holder. The principle issue in this report is whether registered retirement savings plans (RRSPs), registered retirement income funds (RRIFs) and deferred profit sharing plans (DPSPs) should be wholly or partially exempt from the remedies of the creditors of the deceased plan holder. Recommendations apply to all RRSPs, RRIFs and DPSPs and recommendations differ somewhat from the creditor protection that now exists for insurance RRSPs, […]
AREA OF LAW | Wills and Succession |
TAGS | deferred, income, fund, rrsp, rrif, dpsp, lif, lrif, savings, exemption, partner, lira, retirement, creditor, pension, profit, protection, registered |
FORMAT | Publications |
FILE | fr092.pdf |
May 30, 2004
Exemption of Future Income Plans, Final Report 91
This report considers whether registered retirement savings plans (RRSPs), deferred profit sharing plans (DPSPs), and registered retirement income funds (RRIFs) should be wholly or partly exempt from creditors’ remedies during the lifetime of the plan holder. This report also considers the exempt status of locked-in retirement accounts (LIRAs), life income funds (LIFs) and locked-in retirement income funds (LRIFs). Draft legislation is included. This report states that insurance and non-insurance RRSPs, DPSPs and RRIFs as defined […]
AREA OF LAW | Wills and Succession |
TAGS | deferred, income, fund, rrsp, rrif, dpsp, lif, lrif, savings, exemption, partner, lira, retirement, creditor, pension, profit, protection |
FORMAT | Publications |
FILE | fr091.pdf |
May 29, 2004