Publications
Interprovincial Recognition of Substitute Decision-making Documents: Personal Directives, Final Report 113
In 2016, the Uniform Law Conference of Canada adopted the Uniform Interjurisdictional Recognition of Substitute Decision-Making Documents Act as suitable for implementation across Canada. The Uniform Act seeks to provide harmonized rules for recognizing substitute decision-making documents (like enduring powers of attorney and personal directives) that are prepared outside of the jurisdiction in which they are sought to be used. This final report reviews ALRI’s consultation process and the feedback ALRI received in response to its preliminary […]
| AREA OF LAW | Wills and Succession |
| TAGS | rules, directives, enduring, execution, personal, recognition, substitute |
| FORMAT | Publications |
| FILE | FR113.pdf |
March 1, 2019
Interprovincial Recognition of Substitute Decision-Making Documents, Report 32
Substitute decision-making documents (also called powers of attorney, proxies, personal directives, etc…) delegate authority to one person to act on behalf of another with respect to financial, property or legal affairs and/or personal or health care matters. A valid substitute decision-making document must conform to the laws of the jurisdiction where it is executed. Execution requirements, however, are not uniform across jurisdictions. As a result, a substitute decision-making document may not be recognized outside of […]
| AREA OF LAW | Wills and Succession |
| TAGS | attorney, directives, execution, personal, powers, recognition, substitute |
| FORMAT | Other |
| FILE | RFD32.pdf |
December 1, 2017
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
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