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Prepared for: Edmonton Estate Planning Council
Edmonton AlbertaNovember 16, 2011
Averie McNary BA LLB LLMAlberta Justice, Legislative Reform
Edmonton, Alberta
Wills and Succession Act
13 things you should know
about
1. When
Wills and Succession Act passed in 2010
One year allowed for education
Housekeeping amendments Fall 2011
Comes into force February 1, 2012**
2. Impact Consolidates
Wills Act Intestate Succession Act Survivorship Act Dependants Relief Act S. 47 Trustee Act
Major amendments to the Matrimonial Property Act
Minor amendments to Administration of Estates Act and Family Law Act
3. SurvivorshipTwo or more people die at the same time
Old: the youngest is deemed to have died last
New: for deaths occurring after WSA in force
Each person deemed to have died before the other
If joint owners of property, the property is deemed to be tenancy in common
Example Young Mary and Old Bill leave estates to each
other
Mary’s gift over to Prrfect, Bill’s gift over to Spot
Shared parachute fails
Old: Bill’s estate Mary’s estate Prrfect
New: Bill’s estate Spot Mary’s estate Prrfect
4. Wills changes
For current and future wills
Validation of void wills Impact of marriage or divorce Interpreting wills
Wills changes
For wills made after CIF
Minor’s wills Void gifts to witnesses, interpreters, etc
Changes to interpretation rules
5. Intestacy
All to the spouse rule
Separated spouses disinherited
Consanguinity changes to parentelic
6. Beneficiary Designations
No change here
Assets still “outside estate”
Moved from s. 47 of Trustee Act
7. Possession of the Home
AIP or spouse of a deceased has automatic right to stay in home after death
8. Family Maintenance and Support
“Dependants” = “Family Members”
“DRA” = “FMS”
Adult children under 22 going to school
A grandchild or great grandchild if the grandparent was standing in the place of a parent
9. Advancement Application
Application to determine if transfer made during life is to be deducted from inheritance
10. Matrimonial Property on Death
Applies to current wills and plans
Matrimonial property claim arises on death
Married people, not AIPs
Spouse can receive the MP as well as gift under will
11.
New
Procedures
More Applications for Advice and Direction?
C1 - Applications (not Notices of Motion)
WSA and MPA made by C1, C2
New Reply C2.1, filed with C2Demand for Notice C2.2
12. Transition from old to new
Transitional chart – handout
Revised forms are coming
Grace period - Old forms can be used for a few months
13. Where to go Act, Rules and Forms
Queen’s Printer qp.alberta.caAlberta Courts albertacourts.ab.ca
Information Alberta Justice justice.alberta.ca
Comments or questions [email protected]
