Author: Katherine MacKenzie

Katherine is legal counsel with the Alberta Law Reform Institute (ALRI). Her recent law reform work includes projects focused on substitute decision-making documents and international commercial arbitration.

An Electronic Change is Gonna Come: Recommendations for the Alteration and Revocation of Electronic Wills

By Katherine MacKenzie

On May 3, 2024

In Law Reform, Wills and Estates

By: Katherine MacKenzie, Legal Counsel, Alberta Law Reform Institute

Report Commented On: Alberta Law Reform Institute, Alteration and Revocation of Electronic Wills, Final Report 120

PDF Version: An Electronic Change is Gonna Come: Recommendations for the Alteration and Revocation of Electronic Wills

At the end of 2023, my colleague, Matthew Mazurek, wrote a post about the use of an emoji as a valid, electronic signature and explored how that might play out in the context of electronic wills. The post coincided with the publication of the Alberta Law Reform Institute’s (ALRI) final report about the creation of electronic wills. In that report, ALRI proposed that electronic wills should be permitted in Alberta and provided recommendations for how electronic wills should be created. Specifically, we recommended that electronic wills should follow the formalities required for the creation of formal paper wills, meaning they should be:

readable as text,
signed by the testator with an electronic signature, and,
signed by two witnesses, who both use an electronic signature.

Does the Dower Act Still Serve a Useful Purpose? ALRI Wants to Hear From You!

By Katherine MacKenzie

On October 29, 2020

In Legal Education, Legal Research, Property, Wills and Estates

By: Katherine MacKenzie

PDF Version: Does the Dower Act Still Serve a Useful Purpose? ALRI Wants to Hear From You!

Legislation Commented On: Dower Act, RSA 2000, c D-15

The Alberta Law Reform Institute (ALRI) is studying whether the Dower Act should be reformed or repealed. The project is still in its early stages, with a consultation document forthcoming in 2021. In the meantime, ALRI is seeking preliminary feedback on the Dower Act and any practical problems it may present.

Key Features of the Dower Act

The rights under the Dower Act only apply to married people (s 1(c)). The Act is intended to protect a spouse (the “dower spouse”) if the couple’s home is solely owned by the other spouse (the “owner spouse”). It applies to a “homestead”, which is a parcel of land where the owner spouse lived during the marriage (s 1(d)). The Dower Act protects the dower spouse from losing their home, either during the lifetime of the owner spouse or after the owner spouse’s death. There are two key features:

Consent to disposition: The owner spouse cannot dispose of a homestead without the consent of the dower spouse (s 2(1)). Disposition includes a transfer, long-term lease, or mortgage (s 1(b)). If the owner spouse disposes of a homestead without consent, they may be subject to a penalty and liable to pay damages to the dower spouse (ss 2(3), 11).
Life estate: The dower spouse is entitled to a life estate in the homestead after the death of the owner spouse (s 18).

The Dower Act has been part of the law of Alberta for more than 100 years, but it has not changed substantially since 1948.

Inter-Provincial Recognition of Substitute Decision-Making Documents: Personal Directives

By Katherine MacKenzie

On April 24, 2019

In Wills and Estates

By: Katherine MacKenzie

PDF Version: Inter-Provincial Recognition of Substitute Decision-Making Documents: Personal Directives

Report Commented On: Alberta Law Reform Institute, Inter-Provincial Recognition of Substitute Decision-Making Documents: Personal Directives, Final Report 113

A little over a year ago, I wrote a post about the Alberta Law Reform Institute’s (ALRI) project on the inter-provincial recognition of substitute decision-making documents. This was an implementation project, which means that it looked at whether sample, uniform legislation already researched and drafted by the Uniform Law Conference of Canada (ULCC) was suitable for enactment in Alberta.

At the time of that post, ALRI recommended that the ULCC’s uniform legislation should be implemented in Alberta, with some minor amendments. We also sought feedback on our preliminary recommendations for reform. Unfortunately, the consultation results did not support our preliminary recommendations and, as a result, ALRI is not in a position to make any final proposals. Instead, Final Report 113 summarizes the project’s consultation process and results, and highlights any policy alternatives or additional issues that may deserve further exploration and analysis.

Inter-Provincial Recognition of Substitute Decision-Making Documents

By Katherine MacKenzie

On December 22, 2017

In Wills and Estates

By: Katherine MacKenzie

PDF Version: Inter-Provincial Recognition of Substitute Decision-Making Documents

Report Commented On: Alberta Law Reform Institute, Inter-Provincial Recognition of Substitute Decision-Making Documents, Report for Discussion 32

The Alberta Law Reform Institute (ALRI) is considering changes to the statutory rules governing recognition of substitute decision-making documents (enduring powers of attorney, personal directives etc.) that originate outside of Alberta. It recently published Inter-Provincial Recognition of Substitute Decision-Making Documents, Report for Discussion 32. The report reviews the issues with the existing law, considers the uniform provisions recently proposed by the Uniform Law Conference of Canada (ULCC) and makes preliminary recommendations for reform. Before it makes final recommendations to the Alberta government, ALRI is seeking feedback on the questions and proposals below.