Publications
Dower Act, Final Report 118
The Alberta Law Reform Institute (ALRI) is recommending replacing the Dower Act with new legislation. The Dower Act protects a spouse if the couple’s home is solely owned by the other spouse. It has two features that prevent a non-owner spouse from losing their home unexpectedly: Consent to disposition: The owner cannot sell, lease, mortgage, or otherwise transfer the homestead without the non-owner’s consent. Life estate: After the owner’s death, the non-owner can keep the homestead for […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | home, disposition, real estate, wills, consent, contract, dower, estate, marriage, Rights |
| FORMAT | Publications |
| FILE | FR118.pdf |
September 26, 2022
Alberta Dower Act Consultation Summary
This document summarizes the results of consultations ALRI conducted for the it’s law reform project on the Alberta Dower Act. ALRI ran two online surveys. Both surveys were open from 3 December 2021 to 7 March 2022. One survey was aimed at the general public – the general survey. Another survey was aimed at professionals who use the Dower Act in their work, including lawyers, real estate brokers and agents, landmen, and estate planners or administrators […]
| AREA OF LAW | Wills and Succession Family Law Property Real Property |
| TAGS | homeowner, trailer, bank, occupant, landmen, homeless, adult interdependent partner, estate plan, condo, life estate, home, homestead, house, husband, wife, disposition, real estate, partner, common law, consent, death, dower, lease, loss, mobile home, mortgage, owner, spouse, tenant |
| FORMAT | Publications |
| FILE | Dower_consultation_summary.pdf |
September 9, 2022
Improving Alberta’s Dower Act
| AREA OF LAW | Wills and Succession Family Law Marriage & Divorce Property Real Property |
| TAGS | senior, estate planning, life estate, home, disposition, ownership, real estate, dower, estate, mortgage, Property, spouse, title, will |
| FORMAT | Publications |
| FILE | Dower_Summary.pdf |
February 15, 2022
Dower Act: Life Estate, Report for Discussion 37
The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD37.pdf |
November 24, 2021
Dower Act: Consent to Disposition, Report for Discussion 36
The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD36.pdf |
November 23, 2021
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