New Wills and Succession Act to replace outdated legislation

A Government of AlbertaNews Release confirms new legislation that aims to make it easier for Albertans to plan their estates has been introduced in the legislature.

The new Wills and Succession Act would repeal and replace several outdated statutes.

“Alberta society has greatly changed since this legislation was last reviewed,” said Verlyn Olson, MLA for Wetaskiwin-Camrose, who introduced the bill. “Updating this legislation will make it easier for Albertans who are trying to plan their estates and for their family’s future.”

Bill 21, the Wills and Succession Act, will consolidate legislation that refers to how and to whom property is transferred when a person dies. This bill will set out the parameters for succession legislation and create a single piece of legislation. This single, plainly written Act will make Alberta’s succession legislation easier to use and understand.

Alberta’s succession law has not been comprehensively reviewed since the 1920s, and Alberta has changed significantly since then. Proposed amendments in Bill 21 include:

• updating rules for family support and matrimonial property distribution on death;
• abolishing the law that marriage revokes a will and instead providing that divorce or the end of a relationship revokes gifts to the ex-spouse, and
• ensuring spouses and partners have a temporary place to live when their spouse or partner dies.

The legislation will make settlement of estates easier and less expensive by providing clear, up-to-date law, which includes:

• rules setting out who gets property if there is no will,
• new law for making and interpreting wills,
• new default rules to cover unforeseen events that are not dealt with in a will, and
• consolidation of several statutes.

In coming years, reforms are planned for administration of estates legislation, including a review of the duties of executors and others appointed to administer estates.