© Published by Alberta Queen’s Printer

E-mail: qp@gov.ab.ca Shop on-line at www.qp.alberta.ca

Alberta Queen’s Printer 7th Floor, Park Plaza 10611 - 98 Avenue

Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668

Province of Alberta

Office Consolidation

Alberta Regulation 39/2000

With amendments up to and including Alberta Regulation 5/2011

DOWER ACT

FORMS REGULATION

Copyright and Permission Statement

Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format:

© Alberta Queen's Printer, 20__.*

*The year of first publication of the legal materials is to be completed.

Note

All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 5/2011)

ALBERTA REGULATION 39/2000

Dower Act

FORMS REGULATION

Forms prescribed 1 The forms in the Schedule are the forms prescribed for the purposes of the sections indicated on them.

Expiry 2 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2021.

AR 39/2000 s2;354/2003;5/2011

Repeal 3 The Forms Regulation (AR 470/81) is repealed.

Schedule

Form A

Dower Act (Sections 4 and 6)

Consent of Spouse

I, ____________________, being married to ________________ do hereby give my consent to the disposition of our homestead, made in this (or the annexed) instrument, and I have executed this document for the purpose of giving up my life estate and other dower rights in the property given to me by the Dower Act, to the extent necessary to give effect to the disposition.

_________________ (Signature of Spouse)

(NOTE: If this consent is being annexed to the instrument making the disposition, section 4(5) of

Schedule AR 39/2000

FORMS REGULATION

2

the Act requires that the person signing this consent must also sign the instrument)

Form B

Dower Act (Section 4)

Affidavit

I, __________________________________________________, of ___________________, make oath and say:

1 I am the transferor (or mortgagor, lessor or encumbrancer, as the case may be) (or the agent acting under power of attorney in my favour registered in the Land Titles Office on (date) as instrument number _______ granted by the transferor, mortgagor, or encumbrancer) named in the within (or annexed) instrument.

2 I am (or my principal is) not married.

or

Neither myself nor my spouse (or my principal nor my principal’s spouse) have resided on the within mentioned land at any time since our (or their) marriage.

or

I am (or my principal is) married to _________________________ being the person who executed the release of dower rights registered in the Land Titles Office on (date) as instrument number ________.

or

A judgment for damages was obtained against me by my spouse (or my principal by my principal’s spouse) and registered in the Land Titles Office on (date) as instrument number _______.

SWORN BEFORE ME at ________ ) in the Province of ______________ ) on (date) ) ____________________ ______________________ ) A Commissioner, etc. (or as the case may be)

Schedule AR 39/2000

FORMS REGULATION

3

Form C

Dower Act (Sections 5, 6 and 9)

Certificate of Acknowledgment by Spouse

1 This document was acknowledged before me by ____________ apart from her husband (or his wife).

2 ______________________ acknowledged to me that she (or he)

(a) is aware of the nature of the disposition (or agreement),

(b) is aware that the Dower Act gives her (or him) a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent,

(c) consents to the disposition (or agreement) for the purpose of giving up the life estate and other dower rights in the homestead given to her (or him) by the Dower Act, to the extent necessary to give effect to the said disposition (or agreement),

(d) is executing the document freely and voluntarily without any compulsion on the part of her husband (or his wife).

Dated at ______________________________ in the Province of ________________ on (date)

_____________________ (Title of officiating officer)

Form D

Dower Act (Section 7)

Release of Dower Rights

To the Registrar of Land Titles.

Take notice that I (name of spouse) , being the wife (or husband) of (name of married person) of (address) in the Province of

Schedule AR 39/2000

FORMS REGULATION

4

_____________, who is the registered owner of the following land, namely:

hereby release to my husband (or wife) all my life estate and other dower rights in the above described land and I hereby discharge my husband (or wife) _________________ his (or her) heirs, executors and administrators from any claim for dower under the Dower Act in respect of the land.

SIGNED, ) ______________________ in the presence of ______________ ) ______________________ ) Barrister and Solicitor )

Form E

Dower Act (Section 7)

Affidavit in Support of Dower Release

I, __________________, of __________________ in the Province of ______________, make oath and say:

1 That I am the wife (or husband) of _____________________ of ______________ in the Province of ________________________.

2 That my husband (or wife) is the registered owner of the following land, namely:

3 That I am aware that the Dower Act gives me a life estate and other dower rights in the land.

4 That I am executing this release for the purpose of giving up my life estate and other dower rights in the land.

5 That I am executing this release freely and voluntarily without any compulsion on the part of my husband (or wife).

SWORN before me at ____________ ) in the Province of ________________ ) on (date) ) ________________ _________________________________ ) Barrister and Solicitor )

Schedule AR 39/2000

FORMS REGULATION

5

Form F

Dower Act (Section 19)

Election

To the Registrar of Land Titles.

Take notice that I (name of spouse) , being the widow (or widower) of (name of deceased married person) formerly of (address) in the Province of _______________, do hereby elect and claim my life estate under the Dower Act in the land registered in the name of my deceased husband (or wife) (or in the name of the executor or administrator of his (or her) estate) and described as follows:

SIGNED ) ______________________ in the presence of ) _______________________ ) (name of witness) )

Form G

Dower Act (Section 21)

Affidavit of Executor or Administrator

I, _______________, of _____________, make oath and say:

1 I am the executor (or administrator) of the estate of _______________.

2 To the best of my knowledge, information and belief, the deceased was not married.

or

To the best of my knowledge, information and belief, the spouse of the deceased married person is dead.

or

To the best of my knowledge, information and belief, neither the deceased nor the spouse of the deceased have resided on the within mentioned land at any time since their marriage.

Schedule AR 39/2000

FORMS REGULATION

6

or

To the best of my knowledge, information and belief, the deceased was, at the time of death, married to ________________, being the person who executed the release of dower rights registered in the Land Titles Office on (date) as instrument number ____________.

or

A judgment for damages was obtained against the deceased by his (or her) spouse and registered in the Land Titles Office on (date) as instrument number _______________.

or

The homestead of the deceased consists of land other than the within mentioned land as determined by the election of the spouse (or the order of the Court of Queen’s Bench) registered in the Land Titles Office on (date) as instrument number ________________.

Sworn before me at ______________ ) in the Province of _______________ ) ________________ on (date) )

____________________________________ (A Commissioner, etc. (or as the case may be))

Form H

Dower Act (Section 21)

Consent of Surviving Spouse

I, (name of surviving spouse), being the surviving spouse of (name of deceased spouse), do hereby give my consent to the disposition of our homestead, made in this (or the annexed) instrument, and I have executed this document for the purpose of giving up my life estate and other dower rights in the property given to me by the Dower Act, to the extent necessary to give effect to the disposition.

________________________ (Signature of surviving spouse)

NOTE: If this consent is being annexed to the instrument making the disposition, section 4(5) of the Act requires that

Schedule AR 39/2000

FORMS REGULATION

7

the person signing this consent must also sign the instrument.

Printed on Recycled Paper*9780779755646*