02-01-2012, 11:39 AM
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#11
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Lifetime Suspension
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Quote:
Originally Posted by GP_Matt
Question, if you die without a will in Alberta does everything automatically transfer to your wife?
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Yes.
Quote:
Originally Posted by Intestate Succession Act, RSA 2000 c.c l-10
Spouse or adult interdependent partner and no issue
2 If an intestate dies leaving a surviving spouse but no issue or leaving a surviving adult interdependent partner but no issue, the intestate’s estate goes to the spouse or adult interdependent partner, as the case may be.
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The reason behind this has nothing to do with people trying to draft their own wills, though that is a significant problem. Other provinces have already done this consolidation exercise and Alberta is just following the trend. B.C. did it in 2009, IIRC.
Wills and estates law is in a very unfortunate state. The problem is that it's extremely undervalued by the market (i.e. "I should be able to get a will for $X") while being a very complicated area in which long-standing jurisprudence has created a lot of strange and baffling rules from the layman's perspective. Given the myriad facts that can be involved in administration even experienced lawyers can easily mess this stuff up, and a word in the wrong place turns into a ticking time bomb for your insurance when the person dies and the will ends up in front of a court. For the little that you're being paid it's not a cost effective practice.
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