Publications
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This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate.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 |
TAGS | grant, affidavit, surrogate, dependent, deceased, estate, minor, Rule, trustee, will |
FORMAT | Publications |
FILE | rfd10.pdf |
October 2, 1991
Status of Children: Revised Report, Final Report 60
This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in […]
AREA OF LAW | Wills and Succession Children Family Law |
TAGS | child, custody, guardianship, illegitimate, paternity, status, succession, support |
FORMAT | Publications |
FILE | fr060.pdf |
May 29, 1991
Enduring Powers of Attorney, Final Report 59
This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]
AREA OF LAW | Wills and Succession |
TAGS | agency, capacity, contract, enduring, power of attorney |
FORMAT | Publications |
FILE | fr059.pdf |
December 1, 1990
Enduring Powers of Attorney, Report for Discussion 7
This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]
AREA OF LAW | Wills and Succession |
TAGS | mental, agency, capacity, contract, enduring, power of attorney |
FORMAT | Publications |
FILE | rfd7.pdf |
February 2, 1990
Competence and Human Reproduction, Final Report 52
This report recommends the draft legislation Competence and Human Reproduction Act to create a decision-making process regarding sterilization for those not legally competent to make the decision themselves. The Act replaces the blanket prohibition of Re Eve with legislation that allows for a judgment based on the best interest of the individual and an empathy for her situation. The Institute concluded that no person should be denied access to sterilization because she is not competent […]
AREA OF LAW | Wills and Succession |
TAGS | capacity, consent, disease, health care, medical treatment, minor, sex, venereal |
FORMAT | Publications |
FILE | fr052.pdf |
February 1, 1989
Survivorship, Final Report 47
This report recommends a new rule to cover the case in which property is to go to B on A’s death and there is doubt which of them died first. The Alberta Survivorship Act currently provides that in cases of doubt the older of the two will be deemed to have died first. This report proposes a new rule that B, the beneficiary, would be deemed to have died first unless it can be proved that he […]
AREA OF LAW | Wills and Succession |
TAGS | survivorship, donee, disaster, Survivor, common, donor, beneficiary, estate, will |
FORMAT | Publications |
FILE | fr047.pdf |
August 1, 1986
Status of Children, Final Report 20
The law distinguishes between persons born i n wedlock and persons born out of wedlock. The distinctions are to the disadvantage of the person born out of wedlock, and we see no reason why the law should not do what it can to remove t h a t disadvantage. To that end, we will propose that the legal distinction between legitimate children and illegitimate children be done away with.
AREA OF LAW | Wills and Succession Children Family Law |
TAGS | legitimate, fair, wedlock, equal, marital, guardian, children, illegitimate, marriage, status |
FORMAT | Publications |
FILE | fr020.pdf |
June 17, 1976
Cases decided Under the British Columbia Testator’s Family Maintenance Act Involving Adult Children Petitioners
AREA OF LAW | Wills and Succession |
TAGS | adult, dependent, children, estate, family, maintenance, support |
FORMAT | Publications |
FILE | urp-73_19-Adult-Child-Petitioners_Burrows.pdf |
January 1, 1973
Maintenance of Children in Alberta
AREA OF LAW | Wills and Succession |
TAGS | dependent, income, children, death, estate, maintenance, support, trust |
FORMAT | Publications |
FILE | urp-73_5-Maintenance-of-Children_Gilborn.pdf |
Guardianship
AREA OF LAW | Wills and Succession |
TAGS | custodian, dependent, guardian, children, estate, family, guardianship |
FORMAT | Publications |
FILE | urp-73_2-Guardianship_Russell-1.pdf |