Personal Directives Amendment Act 2007

Last week a flurry of activity surrounded the Alberta legislature as the government tried to pass as many bills as possible prior to the Christmas break.  While most of the media attention centred on a couple of the more contentious legislation, an astonishing 25 pieces of legislation passed third reading during a marathon session of the legislature on December 3 and 4.

One of the new bills is the Personal Directives Amendment Act 2007, which I discussed here.  It received Royal Assent on December 7.  Practitioners in this area, including not only lawyers, but also health care workers, should make themselves familiar with the changes to the legislation. 

Comments

[Carolyn]

#1 - My aunt died (May 9, 2008)and is the owner of chattel property, namely a mobile home. The mobile home is movable. Rental fees to the trailer park, utilities bills and home insurance are still being paid separately until the trailer sells by the Estate of my Aunt and from my Uncles bank account (50/50).

Both my late aunt and her surviving husband are the owners of the mobile home by way of Bill of Sale. The surviving husband has not lived in the mobile home for over one year as he resides in a retirement home and will never be able to live in the mobile home again.

My late aunt has an executrix set up for her affairs and her surviving husband has an Enduring Power of Attorney set up for his affairs.

Question: When we sell the mobile home does 1/2 of the sale go in trust to my Aunts's Estate for the beneficiary of her Will and the other half of the sale go in trust to my Uncle's Estate for the benefit of his needs while he is still living?

Question #2 - How long does one have until they must bring an application forward to probate a will?

#3 - My aunt did not name her surviving husband as a beneficary in her Will. He is a Dependent Adult. The only beneficary is her eldest daughter.

The only assets that my Aunt will have in her estate that I would have to list when probating the Will is the estimated value from the sale of the
mobile home and a small about of monies in a bank account in England.

Question #3 - What precent of those assets could the Court award the surviving husband because he is a Dependent Adult?

#4 - As well, Because my Uncle the surviving husband - has resided away from the matrimonial home for one year before my aunt died. They both signed an involuntary separation of Legal Spouses Form from Human Resources Development Canada - Income Security Programs close to one year before my aunt died.

Quetion #4 - Does the Matrimonial Act still apply here?

[marc]

my Mother has been on government assistance for most of her adult life ...does the gov have any right (besides taxes)to the assetts of the estate?..ie the house , cash etc.