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.
"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."@en
"The purpose of issuing a Report for Discussion is to allow interested persons the opportunity to consider the subject proposals and to make their views known to the Alberta Law Reform Institute (ALRI). This Report for Discussion addresses a number of issues regarding the creation of wills and recommends tentative proposals for reforming the law in this area. An excutive summary of the issues is provided, with chapters providing greater coverage on multiple subjects including: inheritance; the testament capacity of minors; statutory wills for persons without testament capacity; oral and electronic wills; privileged wills; holograph wills; will formalities; and witnesses to a will.--Includes text from document."
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