12-01-2010, 08:31 AM
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#22
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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It is harder in Alberta than B.C. to vary a will.
In Alberta:
http://www.qp.alberta.ca/574.cfm?pag...7&display=html
Order for maintenance support
3(1) If a person
(a) dies testate without making in the person’s will adequate provision for the proper maintenance and support of the person’s dependants or any of them, or
(b) dies intestate and the share under the Intestate Succession Act of the intestate’s dependants or of any of them in the estate is inadequate for their proper maintenance and support,
a judge, on application by or on behalf of the dependants or any of them, may in the judge’s discretion, notwithstanding the provisions of the will or the Intestate Succession Act, order that any provision that the judge considers adequate be made out of the estate of the deceased for the proper maintenance and support of the dependants or any of them.
(2) The judge on the hearing of the application
(a) may inquire into and consider all matters that the judge considers should be fairly taken into account in deciding the application,
(b) may in addition to the evidence adduced by the parties appearing direct any other evidence to be given that the judge considers necessary or proper, and
(c) may accept any evidence that the judge considers proper of the deceased’s reasons, so far as ascertainable,
(i) for making the dispositions made by the deceased’s will, or
(ii) for not making adequate provision for a dependant,
including any statement in writing signed by the deceased.
(3) In estimating the weight to be given to a statement referred to in subsection (2)(c), the judge shall have regard to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement.
(4) The judge may make a suspensory order suspending in whole or in part the administration of the deceased’s estate so that an application may be made for an order making specific provision for maintenance and support.
(5) The judge may refuse to make an order in favour of any dependant whose character or conduct is such as in the opinion of the judge disentitles the dependant to the benefit of an order under this Act.
(6) When a testator dies intestate as to part of the testator’s estate, the judge may make an order affecting either the part of the estate as to which the testator died testate or the part as to which the testator died intestate or as to both parts.
Last edited by troutman; 12-01-2010 at 08:38 AM.
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