Publications
Wills: Non-Compliance with Formalities, Final Report 84
This report recommends that Alberta courts be given power to admit to probate a will or an alteration, revocation or revival of a will that does not comply with the formalities prescribed by the Wills Act. This “dispensing power” could only be exercised if a court is satisfied by clear and convincing evidence that the testator intended to adopt the document as a will, alteration, revocation or revival. The only formal requirement that could not be […]
| AREA OF LAW | Wills and Succession |
| TAGS | armed forces, exclusion, formality, holograph, international, probate, will |
| FORMAT | Publications |
| FILE | fr084.pdf |
June 29, 2000
Wills: Non-Compliance with Formalities, Consultation Memorandum 8
Wills are occasionally excluded from probate because their execution does not comply strictly with the formalities required by the Wills Act. This paper is to determine whether or not provision should be made for admitting to probate some or all wills that do not strictly comply with the formalities but which testators nonetheless intend to constitute their wills. This paper raises the question of whether or not some provisions should be made that would allow a […]
| AREA OF LAW | Wills and Succession |
| TAGS | compliance, dispensing, formality, holograph, intention, probate, testator, will |
| FORMAT | Publications |
| FILE | CM8.pdf |
December 4, 1999
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This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate.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
Effect of Divorce on Wills, Final Report 72
In Alberta, divorce has no effect on a will made during marriage. If a person has made a will that leaves everything to their spouse, the will is not automatically revoked or otherwise affected by a subsequent divorce. If the person who made the will dies without changing their will or remarrying, everything would go to their former spouse in accordance with the pre-divorce will. In many Canadian and foreign jurisdictions the result would be […]
| AREA OF LAW | Wills and Succession Family Law Marriage & Divorce |
| TAGS | complete, partial, revocation, dissolution, divorce, marriage, testator, will |
| FORMAT | Publications |
| FILE | fr072.pdf |
November 1, 1994
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
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
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 |
| TAGS | advancement, beneficiary, estate, maintenance, perpetuity, power, trust, will |
| 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
Rule in Saunders v Vautier, Final Report 9
This report examines the various Rules in the law of will and trusts with have been subject to criticism to see whether the Rules should be altered, and if so what the new provisions should be. One of these Rules is called the rule in Saunders v Vautier which states: Where there is an absolute vested gift made payable at the future even with a direction to accumulate the income in the meantime and pay […]
| TAGS | age of, beneficiary, charity, gift, gift over, trust, will |
| FORMAT | Publications |
| FILE | fr009.pdf |
| ENACTMENT |
The Attorney General Statutes Amendment Act, 1973, SA 1973, c 13, s 12 amending the Trustee Act (now RSA 2000, c T-8, s 42). |
February 1, 1972
Rule Against Perpetuities, Final Report 6
The purpose of the Rule Against Perpetuities (RAP) is to balance the right of an individual to dispose of her wealth upon death as she sees fit, while recognizing that property is for the living, and the law should uphold the right of the living to control it. The ALRI believes the RAP still serves an important purpose, but requires several legislated amendments and so have provided 28 recommendations for the Alberta Legislature. For example, […]
| TAGS | accumulation, pension, perpetuity, power, pr, purpose, trust, wait and see, will |
| FORMAT | Publications |
| FILE | fr006.pdf |
| ENACTMENT |
Perpetuities Act, SA 1972, c 131 (now RSA 2000, c P-5). |
August 1, 1971
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 |
| TAGS | administra, devolution, estate, executor, personal representative, trustee, will |
| 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