The Wills and Succession Act has been proclaimed in Alberta on February 1, 2012

The Wills and Succession Act of Alberta incorporates substantial changes to the areas of wills and estates in the Province of Alberta. Included but not limited to these extensive changes are:

  • the effect of marriage on a will;
  • the effect of divorce or the termination of an adult interdependent relationship on a will;
  • new lapse provisions;
  • abolition of the presumption of advancement;
  • survivorship rules;
  • Family Maintenance and Support;
  • validation of wills and rectification of wills.

The proclamation of Section 117 of the Act, being a section which will make substantial amendments to the Matrimonial Property Act, has currently been delayed by the Alberta Legislature.

As these changes are extensive and affect all areas of estate planning it is strongly advised that you review your current estate plan and related documents with your lawyer and other applicable professional advisers immediately.