A Report On Reform Of The Wills Law

Author : Alberta Law Reform Institute
Publisher :
ISBN 13 : 9781896078465
Total Pages : 157 pages
Book Rating : 4.0/5 (784 download)

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Download or read book The Creation of Wills written by Alberta Law Reform Institute and published by . This book was released on 2009 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This final report made by the Alberta Law Reform Institute (ALRI) on the creation of wills makes a number of possible recommendations for reform of the Wills Act. Areas covered include dispensing power regarding wills by the courts; testamentary capacity of minors; statutory wills for persons without testamentary capacity; oral and electronic wills; exempt wills; holograph wills; and will formalities regarding format, as well as witnessing. The summary of these recommendations include the following: a court should be able to validate a will if a person makes a reasonable but imperfect attempt to meet the requirements for creating a will; the age of testamentary capacity should remain at 18 years, subject to the current statutory exceptions allowing a minor to make a will if the minor is married, partnered, a parent or serving in the Canadian Forces; a court should be able to validate a will for any minor who applies for approval of the terms of a specific will; a court should not be able to create a will for a person who has lost their mental capacity to make or change a will; there should continue to be special rules for military wills; a will must still be signed at its end or foot, subject to the current statutory saving provision; and finally, where an inheritance is lost because the beneficiary was also a witness to the will, a court should be able to validate the gift if there was no improper or undue influence on the willmaker.--Includes text from document and publisher's website.