Publications
The Creation of Wills, Final Report 96
Categories Menu By Area of Law Administration of Justice Constitutional and Public Law Contract Corporate and Commercial Criminal Law Debtor and Creditor Employment and Industrial Law Equity and Trusts Family Law General Legal Profession Medical Law Partnerships and Associations Personal Representatives Procedure Property Tort Wills and Succession Publication Type The Creation of Wills This report makes a number of recommendations to reform the Wills Act. It recommends that Alberta courts be given the power to validate […]
| AREA OF LAW | Wills and Succession |
| TAGS | validate, alteration, revival, formalities, majority, testamentary, requirement, handwriting, interpretation, revocation, revoke, wills, act, capacity, decision, holograph, witness |
| FORMAT | Publications |
| FILE | fr096.pdf |
September 29, 2009
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
Enduring Powers of Attorney, Issues Paper 5
The Alberta Law Reform Institute is considering whether to prepare a report and recommendations for the adoption of additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”). In order that its consideration may be properly informed, the Institute solicits the comments and advice of the reader on these two questions: Should the law provide additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”)? If the law should provide additional safeguards, what should the […]
| AREA OF LAW | Wills and Succession Family Law |
| TAGS | mental, agency, capacity, contract, enduring, power of attorney |
| FORMAT | Publications |
| FILE | IPNo.5.pdf |
February 4, 2002
Enduring Powers of Attorney, Final Report 59
This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]
| AREA OF LAW | Wills and Succession |
| TAGS | agency, capacity, contract, enduring, power of attorney |
| FORMAT | Publications |
| FILE | fr059.pdf |
December 1, 1990
Enduring Powers of Attorney, Report for Discussion 7
This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]
| AREA OF LAW | Wills and Succession |
| TAGS | mental, agency, capacity, contract, enduring, power of attorney |
| FORMAT | Publications |
| FILE | rfd7.pdf |
February 2, 1990
Competence and Human Reproduction, Final Report 52
This report recommends the draft legislation Competence and Human Reproduction Act to create a decision-making process regarding sterilization for those not legally competent to make the decision themselves. The Act replaces the blanket prohibition of Re Eve with legislation that allows for a judgment based on the best interest of the individual and an empathy for her situation. The Institute concluded that no person should be denied access to sterilization because she is not competent […]
| AREA OF LAW | Wills and Succession |
| TAGS | capacity, consent, disease, health care, medical treatment, minor, sex, venereal |
| FORMAT | Publications |
| FILE | fr052.pdf |
February 1, 1989
Consent of Minors to Health Care, Final Report 19
The general rule is that medical treatment can be given only with the consent of the patient. The age of majority in Alberta is eighteen years, but as one moves to lower ages, sixteen, fifteen, and so on the uncertainty of consent increases. A physician dealing with a minor is left in doubt as to when the patient can give a binding consent. Legislation is required to specify definitely the circumstances in which a minor […]
| AREA OF LAW | Family Law |
| TAGS | capacity, con, consent, disease, health care, medical treatment, minor, venereal |
| FORMAT | Publications |
| FILE | fr019.pdf |
December 1, 1975
Age of Majority, Final Report 4
On April 15th, 1969, the following motion was proposed in the Legislative Assembly of the Province of Alberta: “Whereas great changes are taking place in the lives of young people. Now therefore this Legislative Assembly request the government to give consideration to-enacting a Youth Act which will set the age of 19 as the age of majority and set out the basis for the contractual liability of young adults.” Although the motion was defeated, the […]
| TAGS | age of majority, capacity, consent, contract, infant, liability, marriage, minor |
| FORMAT | Publications |
| FILE | fr004.pdf |
| ENACTMENT |
Age of Majority Act, SA 1971, c 1 (now RSA 2000, c A-6). |
January 1, 1970