Publications
Beneficiary Designation by Substitute Decision Makers, Final Report 104
The Alberta Law Reform Institute has released recommendations to ensure testamentary wishes are respected upon death. It has become common to use beneficiary designations as a simple way to pass on assets. Beneficiary designations are made with: Pension plans Insurance policies Retirement savings plans Retirement income funds Locked in retirement accounts Tax free savings accounts However, more of the population is aging and losing the capacity to decide who will receive the proceeds of these […]
| AREA OF LAW | Wills and Succession |
| TAGS | rsp, rif, lira, tfsa, inherit, guardian, retirement, designation, attorney, beneficiary, asset, insurance, pension, substitute, trustee |
| FORMAT | Publications |
| FILE | FR104.pdf |
July 1, 2014
Exemption of Future Income Plans on Death, Final Report 92
This report deals with creditor protection upon death of the plan holder. The principle issue in this report is whether registered retirement savings plans (RRSPs), registered retirement income funds (RRIFs) and deferred profit sharing plans (DPSPs) should be wholly or partially exempt from the remedies of the creditors of the deceased plan holder. Recommendations apply to all RRSPs, RRIFs and DPSPs and recommendations differ somewhat from the creditor protection that now exists for insurance RRSPs, […]
| AREA OF LAW | Wills and Succession |
| TAGS | deferred, income, fund, rrsp, rrif, dpsp, lif, lrif, savings, exemption, partner, lira, retirement, creditor, pension, profit, protection, registered |
| FORMAT | Publications |
| FILE | fr092.pdf |
May 30, 2004
Exemption of Future Income Plans, Final Report 91
This report considers whether registered retirement savings plans (RRSPs), deferred profit sharing plans (DPSPs), and registered retirement income funds (RRIFs) should be wholly or partly exempt from creditors’ remedies during the lifetime of the plan holder. This report also considers the exempt status of locked-in retirement accounts (LIRAs), life income funds (LIFs) and locked-in retirement income funds (LRIFs). Draft legislation is included. This report states that insurance and non-insurance RRSPs, DPSPs and RRIFs as defined […]
| AREA OF LAW | Wills and Succession |
| TAGS | deferred, income, fund, rrsp, rrif, dpsp, lif, lrif, savings, exemption, partner, lira, retirement, creditor, pension, profit, protection |
| FORMAT | Publications |
| FILE | fr091.pdf |
May 29, 2004
Division of Pension Benefits Upon Marriage Breakdown, Consultation Memorandum 1
This report is to review the recommendations that were made in Report 48, Matrimonial Property: Division Benefits upon Marriage Breakdown, to see whether and how it should be revised. Report 48 made recommendations for changes in the law to make the division process fairer, more efficient and less costly, and to protect the interests of all concerned, including spouses, other beneficiaries, employers and plan administrators. This memorandum consists of a series of questions which are […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | accounting, benefit, division, pension, proceeds, valuation |
| FORMAT | Publications |
| FILE | cm1.pdf |
September 1, 1995
Division of Canada Pension Plan Credits in Alberta, Final Report 58
The Canada Pension Plan Act, RSC 1985, c C-8, as amended in 1987, allowed that on the appropriate minister being informed of a divorce, the total Canada Pension Plan (“CPP”) credits accumulated by both spouses through the course of the marriage would be split evenly between both ex-spouses. These amendments reflected a desire to protect women who, because of their unpaid contributions within the home, had historically suffered greater poverty in retirement than men. However, […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | Canada Pension Plan, contribution, CPP, divorce, pension, Property, spouse |
| FORMAT | Publications |
| FILE | fr058.pdf |
November 1, 1990
Towards Reform of the Law Relating to Cohabitation Outside Marriage, Final Report 53
This report addresses the position (at the time of its writing) of opposite-sex couples living together on a domestic basis without a legal marriage. Since these partnerships carry many of the same responsibilities as marriage partnerships, the report suggests that they be afforded similar (but not identical) protections under the law. Twenty-one recommendations are provided here, with the majority opinions falling roughly into the following categories: – Non-married opposite-sex cohabitants should have an official status, […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | child, cohabitation, exem, insurance, maintenance, pension, Property, succession |
| FORMAT | Publications |
| FILE | fr053.pdf |
June 1, 1989
Matrimonial Property: Division of Pension Benefits Upon Marriage Breakdown, Final Report 48
This report recommends amendments to the Matrimonial Property Act to improve the division of the benefits of a pension plan upon marriage breakdown. It covers all pension plans that fall under provincial jurisdiction or that can be reached by Alberta court orders. Recommendations are designed to achieve fairness, minimize the future entanglement of spouses’ financial affairs, encourage settlements, minimize financial and emotional costs, and protect the interests of the employers and other employees in pension plans and […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | husband, wife, value, divorce, matrimonial, pension, Property, settlement, spouse |
| FORMAT | Publications |
| FILE | fr048.pdf |
August 2, 1986
Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2
The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | husband, wife, value, divorce, matrimonial, pension, Property, settlement, spouse |
| FORMAT | Publications |
| FILE | rfd2.pdf |
May 2, 1985
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