Publications
Division of Matrimonial Property on Death, Report for Discussion 17
At the time of publication, there was a contradiction in the law of Alberta regarding marital property. If a marriage dissolved, each spouse would be presumed to have contributed equally to the marriage (barring evidence to the contrary), and therefore to be entitled to an even share of the marital property, regardless of the name on title. On the other hand, if one spouse died before the other, he or she would have complete freedom […]
AREA OF LAW | Family Law Marriage & Divorce |
TAGS | administration, death, deceased, division, estate, matrimonial, Property, spouse, valuation |
FORMAT | Publications |
FILE | rfd17.pdf |
March 2, 1998
Should a Claim for Loss of a Chance of Future Earnings Survive Death?, Consultation Memorandum 4
This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]
AREA OF LAW | Administration of Justice Constitutional and Public Law Court Rules & Procedure Limitation of Actions Procedure |
TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
FORMAT | Publications |
FILE | cm4.pdf |
August 1, 1997
Revision of the Surrogate Rules, Final Report 73
This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate.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 | fr073.pdf |
May 29, 1996
Reform of the Intestate Succession Act, Report for Discussion 16
A person who dies without a valid will is known as “intestate.” The distribution of such a person’s assets was (at the time of this report’s publication) determined by the Intestate Succession Act, RSA 1980, c I-9. This Act was based on a system of property distribution developed in 1670 (the Statute of Distribution). This report asserts that this scheme of distribution was out of date, and that the will of those who died intestate could be […]
AREA OF LAW | Wills and Succession |
TAGS | intestacy, history, social, trend, children, distribution, estate, share, spouse |
FORMAT | Publications |
FILE | rfd16.pdf |
January 2, 1996
Beneficiary Designations: RRSPs, RRIFs and Section 47 of the Trustee Act, Final Report 68
This report examines the issue whether section 47 of the Trustee Act ought to apply to RRSPs and RRIFs. It describes the scope and history of this project, looks at the existing law, and concludes that section 47 probably applies to RRSPs, even though its definition of “plan” does not mention them by name. The report also explores the fact that RRIFs as a type of “plan” within the meaning of section 47 is more doubtful. Arguments […]
AREA OF LAW | Wills and Succession Family Law |
TAGS | disposition, testamentary, designation, beneficiary, estate, Property, Validity |
FORMAT | Publications |
FILE | fr068.pdf |
September 29, 1993
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
Section 16 of the Matrimonial Property Act, Final Report 57
Section 16 of the Matrimonial Property Act, RSA 1980, c M-9, stated that the rights of a person who started a property action against a spouse did not survive that person’s death, and thus the action could not be continued by his or her estate. This was based on the legal policy that matrimonial property should be available for the use of a surviving spouse. This report notes that, in practice, this section led to […]
AREA OF LAW | Family Law Marriage & Divorce |
TAGS | child, death, deceased, estate, marriage, matrimonial, minor, Property, spouse |
FORMAT | Publications |
FILE | fr057.pdf |
ENACTMENT |
Miscellaneous Statutes Amendment Act, 1991, SA 1991, c 21, s 24 amending the Matrimonial Property Act (now RSA 2000, c M-8, s 16). |
March 1, 1990
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
Artificial Insemination and Illegitimacy
AREA OF LAW | Children Family Law |
TAGS | artificial, insemination, genetic, illegitimacy, planning, reproduction, children, estate |
FORMAT | Publications |
FILE | urp-75_24-Artificial-Insem_Pritchard.pdf |
January 3, 1975
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