Section 117 of the Wills and Succession Act deals with amendments to the Matrimonial Property Act. These amendments 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.
To gather input from wills, estate and family law practitioners, two dialogue sessions were held in Edmonton and Calgary at the end of May 2012. An online questionnaire was also made available from May 22, 2012 to June 8, 2012 for input from the general public. This report summaries the input received from participants in the dialogue sessions, the online questionnaire and via direct correspondence.
Update: Section 117 of the Wills and Succession Act was repealed on December 11, 2013 by the Statutes Repeal Act (Section 28).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.
View the report: Division of Matrimonial Property on Death - Views and Perspectives - 1.5 MB