The Wills and Succession Act came into force on February 1, 2012, except for section 117 of the Act. This section amends the Matrimonial Property Act to allow a surviving spouse to make a claim for matrimonial property on the death of their spouse. The Alberta Government heard some concerns relating to this amendment and a further review was directed prior to taking any steps in relation to matrimonial property.
Justice and Solicitor General, Legislative Reform, is seeking input from estate and family law practitioners on how best to transition to this new law. Specifically, what should happen to a spouse’s inheritance if some or all of the spouse’s share of matrimonial property is taken from the deceased spouse’s estate. An online survey is available for your input at http://justice.alberta.ca/programs_services/wills/Pages/MatrimonialPropertyDivisiononDeath.aspx .
The deadline for providing input is June 8, 2012. If you have any questions or concerns, please contact [email protected].