Email to Alberta Government with Answers

[Sysop]

Thank you for visiting the Alberta Government feedback web site.
Following is the response to your question prepared by Justice and
Attorney General [JAG]

On 2007-09-30 23:52:00.0 the SYSOP wrote to the government:

1. Hi. Could you please tell me how people can find out which, if any
Acts, take power over the the Dowers Act in Alberta?

2. I would like to know what happens to a single woman's property if
she dies without a will, or when a woman is left alone after the death
of her spouse.

3. Is it true that when single women buy a house, they may be
unknowingly be signing something at their lawyer's office that may
permit their property to be given to people other than family without
a will?

4. What happens when a woman's husband dies? Is it possible she may be
left without money because of the Dower's Act, and that she may only
be entitled to LIVE in the house until her death but not pass that
house on?

5. Does Alberta have a Family Property Act or a Homestead Act?

6. If the answer to question 5 is no, is there such a Federal Act, and
would this override the Dower's Act?

Your web site seems to bring up almost nothing at all on these topics,
which I feel are very important to women in particular.

Thanks.

Justice and Attorney General responds as follows:



Thank you for your questions.

In answer to Question 1:
The Dower Act is the primary piece of provincial legislation dealing
with spousal dower rights. The Dower Act or dower rights are mentioned
in at least 12 other provincial statutes. However, there is no
provincial statute which overrides the rights set out in the Dower
Act. The Dower Act itself has provisions for dispensing with dower
rights in particular circumstances (section 10 of the Dower Act).

In answer to Question 2:
If anyone, male or female, dies in Alberta without a will, the
distribution of their estate is governed by the Intestate Succession
Act. If a person dies without a will, leaving no spouse and no
children, the Intestate Succession Act, section 5, states the
deceased's estate will go to the deceased's parents. Section 6 of this
Act states if one dies without a will, leaving no spouse, no children
and her parents have predeceased her, the Intestate Succession Act
states the deceased's estate will be divided equally amongst the
deceased's siblings.

In answer to Question 3:
We're sorry, there is not enough information in this question to
provide an appropriate answer. One should likely seek clarification
from the lawyer involved about what they are signing. One should not
sign anything one does not understand and it is the lawyer's job to
explain to their client the nature and effect of the various documents
before they are signed.

In answer to Question 4:
The Dependents Relief Act is the provincial legislation which governs
this area of the law in Alberta. The Dependents Relief Act provides a
mechanism when a spouse or dependent child has not been adequately
provided for from the estate of the deceased, he or she may make a
court application seeking a greater share of the deceased's estate.
This may include full legal ownership of the matrimonial home
depending on the particular circumstances of the situation.

In answer to Question 5:
The provincial act which governs matrimonial property in Alberta is
the Matrimonial Property Act. Alberta's 'homestead legislation' is the
Dower Act.

In answer to Question 6:
Question #5 was answered, 'yes'. Provincial legislation governs
provincial property rights as this is solely within provincial
jurisdiction and not federal jurisdiction.

We hope this information is helpful.