Publications
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
Arbitration Act: Stay and Appeal Issues, Final Report 103
The Alberta Law Reform Institute has published Final Report 103 – Arbitration Act: Stay and Appeal Issues. Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. Over the years, certain issues have arisen which affect the ideal functioning of the arbitration system. Following public consultation, the Alberta Law Reform Institute has now released Final Report 103 – Arbitration Act: Stay and Appeal Issues.
AREA OF LAW | Administration of Justice Alternate Dispute Resolution |
TAGS | mediation, stay, dispute, resolution, arbitrate, Appeal, arbitration, contract, Court |
FORMAT | Publications |
FILE | FR103.pdf |
January 1, 2014
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
2010-2013 Annual Report
TAGS | annual, report |
FORMAT | Publications |
FILE | 2012_Annual_Report.pdf |
July 1, 2013
Criminal Appeal Procedures, Final Report 101
The criminal appeal process is complex and not well understood. It derives from a number of sources, which are not always consistent and not always clear. Personal freedom and liberty are crucial. The stakes are high for anyone convicted of an offense. Prompt access to an appeal system that is clear and comprehensive is critical. The challenge accepted by the Alberta Law Reform Institute, and taken up by its working group of judges, prosecutors, defense […]
AREA OF LAW | Administration of Justice Court Rules & Procedure Courts |
TAGS | justice, judge, prosecute, defense, appellant, respondent, courts, Appeal, criminal, evidence, notice, procedure |
FORMAT | Publications |
FILE | FR101.pdf |
August 2, 2012
Arbitration Act: Stay and Appeal Issues, Report for Discussion 24
Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so […]
AREA OF LAW | Administration of Justice Constitutional and Public Law Corporate and Commercial |
TAGS | stay, Appeal, arbitration |
FORMAT | Publications |
FILE | RFD24_hyperlinks.pdf |
Criminal Trial Proceedings, Final Report 100
The process for conducting a criminal trial may be complicated by differing processes and rules in different locations. Part of the difficulty is attributable to a complex system of rule-making authority for criminal matters. Some provisions are prescribed by the Criminal Code while other processes may be set by the court in question. The Alberta Law Reform Institute identified three specific areas in which non-standardized matters were particularly problematic: Charter Issues “ The content of […]
AREA OF LAW | Administration of Justice Court Rules & Procedure Courts Procedure |
TAGS | proceeding, charter, non-disclosure, code, jury, justice, trial, rules, conduct, Court, criminal, selection |
FORMAT | Publications |
FILE | FR100.pdf |
August 1, 2012
Joint Ventures, Final Report 99
Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. Final Report 99, Joint Ventures recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a […]
AREA OF LAW | Corporate and Commercial |
TAGS | 99, venture, arrangement, partnership, partner, business, commercial, joint |
FORMAT | Publications |
FILE | FR-99_hyperlinks.pdf |
July 1, 2012
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