Bill 71 (Legislature 15, Session 1)

L15 S1 1650

Alberta — Bills

No. 71 1st Session, 15th Legislature, Alberta 12 Elizabeth II BILL 71 A Bill respecting Survivorship HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1964

Explanatory Note General. This Bill will replace The Commorientes Act, R.S.A. 1955, c. 51, which was first enacted in 1948 following its adoption by the Conference of Commissioners on Uniformity of Legislation in Canada. In 1960 the Commissioners replaced it with a model Survivorship Act which is adopted in this Bill. 2.

(1) General Rule. The present

section 2 (1) revised.

(2) Substitute gifts.

(3) Substitute executors. 3. The present

section 2 (2) revised. The reference to

section 263 of The Alberta Insurance Act was

section 269 prior to amend ments in 1960. 4. Repeal. 5. Commencement of Act.

BILL No. 71 Df 1964

An Act respecting Survivorship (Assented to , 1964) HER MAJESTY, by and with the advice and CDnsent Df the Legislative Assembly Df the PrDvince Df Alberta, enacts as fDIIDWS: 1. This Act may he cited as "The Survivorship Act". 2.

(1) Where two. Dr mDre perSDns die at the same time Dr in circumstances rendering it uncertain which Df them survived the Dther or others, the deaths are, subject to' subsectio.ns (2) and (3), presumed to. have Dccurred in the Drder of seniDrity, and accordingly the younger is deemed to. have survived the Dlder.

(2) Where a statute 'Or an instrument cDntains a prD visiDn for the dispDsiti'On of prDperty Dperative if a perSDn designated in the statute Dr instrument, (

a) dies before anDther perSDn, (

b) dies at the same time as another persDn, Dr (

c) dies in circumstances rendering it uncertain which of them survived the Dther, and the designated perSDn dies at the same time as the Dther perSDn Dr in circumstances rendering it uncertain which o.f them survived the other, then, for the purpose Df that dispositiDn, the case fDr which the statute Dr in strument provides is deemed to' have .occurred.

(3) Where a will contains a provisiDn fDr a substitute personal representative Dperative if an executDr designated in the will, (

a) dies before the testator, (

b) dies at the same time as the testatDr, Dr (

c) dies in circumstances rendering it uncertain whioh .of them survived the other, and the designated executDr dies .at the same time as the testatDr Dr in circumstances rendering it uncertain which of them survived the Dther, then, fDr the purpDse Df prD bate, the case for which the will prDvides is deemed to' have .occurred. 3. This Act is subject to' sectiDns 263 and 320e of The Alberta Insurance Act. 4. This Act repeals and replaces The Commorientes Act, being

chapter 51 of the Revised Statutes. 5. This Act CDmes into. fDrce Dn the first day Df July, 1964.

No. 71 FIR8T SESSION FIFTEENJH LEGISLA YURE 12 ELIZABETH II 1964 BILL

An Act respecting Survivorship Received and read the First time .................. ;: ................... . Second time ................ ,' ................... . Third time ....................................... . HON. MR. MANNING Title: 1964 (15th, 1st) Bill 71,

An Act respecting Survivorship

Document details

Collection	Alberta — Bills
Citation	L15 S1 1650
Type	bill
Volume / chapter	L15 S1 1650
Language	en
Format	json
Source	PROVINCIAL
Identifier	40325758f8b61d7889ccf1953138a521743baf04

Source file is stored in the law ingest library (json).