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Powers of Maintenance and Advancement, Final Report 10


This report addresses the widening of the provisions for maintenance from income and capital and considers provisions for advancement. It examines when a gift carries income; powers of maintenance out of income; and powers of maintenance and advancement out of capital. Frequently, the trust instrument does not confer powers to maintain or advance and in modern times statutory powers have appeared. Sections 32 and 33 of theAlberta Trustee Act, 1970, are examined. Section 32 gives […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr010.pdf
ENACTMENT

The Attorney General Statutes Amendment Act, 1974 (No. 2), SA 1974, c 65, s 9 amending the Trustee Act (now RSA 2000, c T-8, ss 32, 34, 35, 36(3), 37).

June 1, 1972

Powers of Personal Representatives to Grant Options, Final Report 2


In common law, a personal representative has no power to grant an option to purchase property comprised in an estate, unless such power is conferred by the terms of a will. We recommend, therefore, that, subject to certain limitations, the Wills Act be amended so as to provide that where any power to sell real property is imposed or conferred upon a personal representative by the terms of a will, such authority should, in the […]

AREA OF LAW Property
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FORMAT Publications
FILE fr002.pdf
ENACTMENT

An Act to amend The Wills Act, 1960, SA 1970, c 114 (now Wills Act, RSA 2000, c W-12, s. 30). An Act to amend The Devolution of Real Property Act, SA 1970, c 114 (now Devolution of Real Property Act, RSA 2000, c D-12, s. 12).

June 1, 1969

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