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Prepared for: Edmonton Estate Planning Council Edmonton Alberta November 16, 2011

Wills and Succession Act 13 things you should know about. Prepared for: Edmonton Estate Planning Council Edmonton Alberta November 16, 2011 Averie McNary BA LLB LLM Alberta Justice, Legislative Reform Edmonton, Alberta. 1. When. Wills and Succession Act passed in 2010

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Prepared for: Edmonton Estate Planning Council Edmonton Alberta November 16, 2011

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  1. Wills and Succession Act 13 things you should know about Prepared for: Edmonton Estate Planning Council Edmonton Alberta November 16, 2011 Averie McNary BA LLB LLM Alberta Justice, Legislative Reform Edmonton, Alberta

  2. 1. When Wills and Succession Act passed in 2010 One year allowed for education Housekeeping amendments Fall 2011 Comes into force February 1, 2012**

  3. 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

  4. 3. Survivorship • Two 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

  5. 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

  6. 4. Wills changes • For current and future wills • Validation of void wills • Impact of marriage or divorce • Interpreting wills

  7. Wills changes • For wills made after CIF • Minor’s wills • Void gifts to witnesses, interpreters, etc • Changes to interpretation rules

  8. 5. Intestacy All to the spouse rule Separated spouses disinherited Consanguinity changes to parentelic

  9. 6. Beneficiary Designations No change here Assets still “outside estate” Moved from s. 47 of Trustee Act

  10. 7. Possession of the Home AIP or spouse of a deceased has automatic right to stay in home after death

  11. 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

  12. 9. Advancement Application Application to determine if transfer made during life is to be deducted from inheritance

  13. 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

  14. 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 C2 • Demand for Notice C2.2

  15. 12. Transition from old to new Transitional chart – handout Revised forms are coming Grace period - Old forms can be used for a few months

  16. 13. Where to go • Act, Rules and Forms Queen’s Printer qp.alberta.ca Alberta Courts albertacourts.ab.ca • Information Alberta Justice justice.alberta.ca • Comments or questions JUST.SuccessionLaw@gov.ab.ca

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