Publications
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
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 | appoint, planning, trusts, 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 | appoint, planning, trusts, mental, epa, donor, attorney, capacity, enduring, estate, financial, power, trustee, witness |
| FORMAT | Publications |
| FILE | wclra-EPA-CP1.pdf |
August 10, 2004
Creditor Access to Future Income Plans, Consultation Memorandum 11
This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]
| AREA OF LAW | Corporate and Commercial Personal Property Property |
| TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
| FORMAT | Publications |
| FILE | cm11.pdf |
June 4, 2002
Order of Application of Assets in Satisfaction of Debts and Liabilities, Report for Discussion 19
This report considers the payment of a person’s debts out of their estate after their death (at the time of publication). Over hundreds of years, a common law “order of application” had developed, that determined the order in which certain kinds of assets could be applied to pay off a debt, so that, for example, assets that were not given over as a gift to someone would be applied to pay off debts before those […]
| AREA OF LAW | Wills and Succession Constitutional and Public Law |
| TAGS | class, real property, priority, real estate, asset, distribution, estate, testator |
| FORMAT | Publications |
| FILE | rfd19.pdf |
September 2, 2001
Reform of the Intestate Succession Act, Final Report 78
The current scheme for intestate succession is patterned after legislation created in 1670. The report aims to reform the Intestate Succession Act in a manner more in line with the modern presumed intention of intestates, which has been gleaned through an examination of various studies. This report recommends that if an intestate died leaving a surviving spouse and issue, and all of the issue were of the surviving spouse, the entire estate should go to the surviving […]
| AREA OF LAW | Wills and Succession Family Law Marriage & Divorce |
| TAGS | intestacy, history, social, trend, cohabitate, distribution, estate, share, spouse |
| FORMAT | Publications |
| FILE | fr078.pdf |
June 29, 1999
Should a Claim for the Loss of a Chance of Future Earnings Survive Death? Final Report 76
Section 2 of the Survival of Actions Act (SAA) provides that a “cause of action vested in a person survives for the benefit of his estate.” Section 5 of the SAA specifies that “only those damages that resulted in actual financial loss to the deceased or his estate are recoverable.” In Duncan Estate v Baddeley, the Alberta Court of Appeal ruled that the loss of a chance of future earnings was an actual financial loss. This report recommends the SAA be amended […]
| AREA OF LAW | Wills and Succession |
| TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
| FORMAT | Publications |
| FILE | fr076.pdf |
December 29, 1998
Should a Claim for Punitive Damages Survive Death?, Consultation Memorandum 5
The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended […]
December 1, 1998