Matrimonial Property Division on Death

The new Wills and Succession Act came into effect on February 1, 2012. This single Act specifies how and to whom property is transferred when a person dies. It makes Alberta’s succession legislation easier to use and understand.

Section 117 of the Act deals with amendments to the Matrimonial Property Act. These amendments will allow a surviving spouse to make a claim for matrimonial property on the death of his or her spouse, if that claim is not satisfied on the death of the spouse.

The Government of Alberta deferred proclamation of Section 117 of the Act, until estate practitioners could be consulted on how best to transition to this new law.

The following information was provided as background for the consultation: 

Discussion Guide Download Adobe Acrobat Reader :

Other documents for your reference:

The Matrimonial Property Division on Death questionnaire was open for response from May 22, 2012 until June 8, 2012. The Government of Alberta has reviewed the summary report of the feedback from the technical discussions held with wills, estate and family law practitioners and the results of the online questionnaire.

View the report: Division of Matrimonial Property on Death - Views and Perspectives

Update:  Section 117 of the Wills and Succession Act was repealed on December 11, 2013 by the Statutes Repeal Act (section 28). Further research will be conducted to explore some of the issues raised in the consultation process.

View: Statutes Repeal Act