prepared for: edmonton estate planning council edmonton alberta november 16, 2011

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 JUST.SuccessionLaw@gov.ab.ca