Publications
Access to Digital Assets, Final Report 121
More than ever, people are storing their important personal information and other digital property online within the servers of large American companies such as Google, Facebook, and Apple. These “digital assets” can be anything from precious family photos and records to sensitive financial and legal information. What Canadians don’t realize is that outdated laws govern who can access those assets after the owner dies or loses capacity. Even with all the necessary documents proving a […]
AREA OF LAW | Wills and Succession |
TAGS | web, website, domain, crypto, bitcoin, gaming, account, instagram, music, license, itunes, art, nft, cloud, custodian, social media, email, digital, google, facebook, apple, photo, ownership, user, income, access, asset, estate, fiduciary, media, succession, will |
FORMAT | Publications |
FILE | FR121.pdf |
March 26, 2024
Creation of Electronic Wills, Consultation Results
AREA OF LAW | Wills and Succession |
TAGS | consultation, cloud, remote, signature, survey, planning, electronic, online, digital, formalities, testamentary, rules, estate, will, witness |
FORMAT | Publications |
FILE | Creation-of-Wills_Consultation-Results.pdf |
November 2, 2023
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
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
Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Final Report 117
Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Final Report 117 recommends that the Wills and Succession Act be reformed to allow a child to apply for family maintenance and support from the estate of a person who stood in the place of a parent. Who is a Person Standing in the Place of a Parent? To be in place of a parent a person must […]
AREA OF LAW | Wills and Succession Family Law |
TAGS | stepfather, stepmother, blended family, disability, stepchild, equality, stepparent, planning, in loco parentis, fairness, testamentary, child, common law, divorce, estate, family, freedom, maintenance, relief, succession, support, will |
FORMAT | Publications |
FILE | FR117.pdf |
January 25, 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
Family Maintenance and Support from the Estate of a Person that Stood in the Place of a Parent, Report for Discussion 34
AREA OF LAW | Wills and Succession Children Family Law Marriage & Divorce |
TAGS | blended, step, mother, father, sibling, application, in loco parentis, raise, adopt, obligation, parent, money, inheritance, adoption, children, death, estate, family, maintenance, minor, support, will |
FORMAT | Publications |
FILE | RFD34.pdf |
November 3, 2020
A New Trustee Act for Alberta, Final Report 109
Trusts are used by many Albertans as a way to manage property and assets, both before and after death. Having modern and clear rules for setting up and handling trusts is important to allow Albertans to manage and distribute their property. The current Trustee Act is outdated and has not kept pace with the modern world. ALRI has just released Final Report No. 109 – A New Trustee Act for Alberta. The Report sets out ALRI’s […]
AREA OF LAW | Wills and Succession Family Law Property |
TAGS | act, asset, estate, law, new trustee act, Property, reform, report, trust, trustee act |
FORMAT | Publications |
FILE | FR109.pdf |
January 1, 2017
Estate Administration, Final Report 102
The Alberta Law Reform Institute makes a number of recommendations for reform of the Administration of Estates Act. The objective of these reforms is to create clear, rational and accessible legislation that will provide guidance to estate representatives who are responsible for administering an estate. Final Report 102 – Estate Administration clarifies the roles of the estate representative, beneficiaries and the court. It will also outline the primary responsibilities of the estate representative and will emphasize the […]
AREA OF LAW | Wills and Succession |
TAGS | wills, beneficiaries, representative, administration, act, beneficiary, estate |
FORMAT | Publications |
FILE | FR102.pdf |
October 1, 2013