Significant Wills & Estates Legislation Changes in 2012!

The face of Wills and Estates law in Alberta is set to change in 2012! The Government of Alberta is preparing to usher in changes that will see current Wills and Estates laws largely replaced by the Wills and Succession Act. The Wills and Succession Act has been passed by the Alberta legislature and is expected to be declared in force sometime in early 2012.

These changes may impact you and we encourage you to seek legal advice on how your existing estate plan may be affected. Some key changes introduced by the Act are as follows:

  • A gift to a spouse or adult interdependent partner is revoked if the marriage or partnership ends. This applies to both Wills made under existing laws and the new legislation, but only pertains to relationships that end after the new legislation comes into effect;
  • Entering into an adult interdependent partnership agreement or marriage no longer nullifies your Will so long as your Will is made after the new legislation comes into effect;
  • A spouse or adult interdependent partner has the automatic right to stay in the home they shared with the deceased for three months after the death regardless of any contrary intention expressed in the Will;
  • Adult children under the age of 22, who are enrolled in school full time, can make a claim for support against their parent’s estate;
  • Minor grandchildren who are supported by their grandparents can make a claim against their grandparent’s estate for support;
  • A surviving spouse may make a claim for their share of matrimonial property from the estate of their deceased spouse regardless of whether divorce proceedings have been commenced. This rule will not apply to adult interdependent partners;
  • If you have been living separate and apart from your spouse for over two years and you die without a Will, your spouse is not automatically entitled to a share of your estate; and
  • If you have not given your entire estate to your spouse, the possibility exists under the new legislation for a spouse to make a claim for one-half of the matrimonial property, as well as anything they receive under your Will. If this is your situation, it would be advisable to contact one of our Estate Lawyers to discuss this further.