The Wills and Succession Act consolidates the Wills Act, Intestate Succession Act, Survivorship Act, Dependants Relief Act and section 47 of the Trustee Act. It also includes changes to the Matrimonial Property Act, the Administration of Estates Act, and the Family Law Act.
This single Act specifies how and to whom property is transferred when a person dies. It makes Alberta’s succession legislation easier to use and understand.
The Wills and Succession Act came into effect on February 1, 2012 (except section 117).
There are several important changes, such as:
Amendments to the Surrogate Rules arising out of the Wills and Succession Act prescribe a number of new forms and introduce several procedural changes. Please see the Queen’s Printer website for the Order in Council, which includes the text of the Surrogate Rules Amendment Regulation (including forms). Applicants are expected to comply with the amendments starting on February 1, 2012. For further information, please refer to Notice to the Profession NP#2012-02 on the Alberta Courts website.
To obtain a copy of the Act, you can visit the Alberta Queen’s Printer website at http://www.qp.alberta.ca/ or contact them at the following address:
Alberta Queen’s Printer Bookstore
5th floor Park Plaza
10611 98 Avenue
Edmonton, AB T5K 2P7
Note: The Government of Alberta cannot give legal advice. If you have questions about preparing or amending your will, please contact your lawyer.
A will that is out of date could create more problems than it solves. Laws change, personal and financial circumstances change, and new developments arise with respect to financial resources and estate planning. It is a good idea to review your will with your lawyer on a regular basis to make sure it does what you want it to do!