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Wednesday, January 25, 2012

Delay on part of Alberta's new wills law

As regular readers of this blog know, Alberta has a wide-sweeping new Wills and Succession Act coming into force on February 1. I've blogged about some of the changes in previous posts. The latest news is that the law is coming into effect as planned, but without one particular item. That item is the section that allows for a married person, on the death of his or her spouse, to apply for a share of the matrimonial property first and then receive their share of the estate.

This matrimonial property bit is pretty problematic, in my view, and I'm very pleased that the government is going to give this provision more thought and hopefully some tweaking. Of course, it temporarily leaves wills lawyers in a bit of a bind, not knowing whether we have to draft wills with that provision in mind or not, but that's still better than having a poorly prepared law rushed into place.

I'll keep you all informed of what happens with the matrimonial property provisions.

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