Transcript The New Wills and Succession Act SA 2010 c. 12.2

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
 One year allowed for education
 Housekeeping amendments Fall 2011
 Comes into force February 1, 2012**
2. Impact
 Consolidates
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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. 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
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
 Mary’s estate


Spot
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 C2
Demand 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.ca
Alberta Courts
Information
Alberta Justice
albertacourts.ab.ca
justice.alberta.ca
Comments or questions
[email protected]