Prepared for: Edmonton Estate Planning Council Edmonton Alberta November 16, 2011 Averie McNary BA LLB LLM Alberta 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. 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 Marys gift over to Prrfect, Bills gift over to Spot Shared parachute fails Old: Bills estate Marys estate Prrfect New: Bills estate Spot Marys 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 Minors 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 Queens Printer qp.alberta.ca Alberta Courts albertacourts.ab.caalbertacourts.ab.ca Information Alberta Justice justice.alberta.ca Comments or questions