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
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This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate.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
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This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate.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