Bill 44 (Legislature 11, Session 4)

L11 S4 6955

Alberta — Bills

Bill No. 44 of 19'51. A BILL TO AMEND THE TESTATORS FAMILY MAINTENANCE ACT. NOTE. This Bill amends The Testators Family Maintenance Act, being

chapter of the Statutes of Alberta, 1947.

Section is amended by striking out the word "widow" and by suhstituting the word "spouse", so as to conform with a similar change made in The Dower Act, 1948, to which it refers. A new

section 7a is added immediately after

section 7. The new

section deals with the case where a testator's will provides for postponement of distribution of the estate until after the death of his spouse or other dependent, and the spouse or other dependent obtains an order making more adequate provision out· of the estate for his main tenance or support. In such circumstances a judge may make an order directing immediate distribution of the residue of the estate. Once an order has been made making more adequate provision than the will did for the main tenance of the spouse or other dependent there is no reason for postponement of the distribution of the residue.

This Bill comes into force on the day upon which it is assented to. KENNETH A. MCKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.) BILL No. 44 of 1951.

An Act to amend The Testators Family Maintenance Act. (Assented to , 1951.) HIS MAJESTY, by and with the advi,ce and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Testators Family Maintenance Act, being

chapter of the Statutes of Alberta, 1947, is hereby amended. 2.

Section is amended,-

Section amended (

a) by striking out the word "widow", wherever it occurs, and by substituting the word "spouse"; (

b) by adding immediately after the words tiThe Dower Act" the figures It, 1948". 3. The following new seetion a is added immediately ~~~on a after se.ction 7: "7a.

Where, under a testator's will, distribution of the Application t t . ·1 f h h .to court for es a e IS postponed unt! a ter t e death of t e spouse, or iI?m~dia!e ~ny other dependent, if the spouse or other dependent has g~s:~~~g~~on . obtained an order under this Act, or under The Widows' of estate Relief Act, making more adequate provision out of the estate for his maintenance and support, a judge, upon the applica- tion of any person interested, and upon such notice as he deems proper, may direct immediate distribution of the residue of the estate remaining after providing for the payment or for the securing of the payment of the portion awarded to the spouse or other dependent under this Act.". 4.

This Act shall come into force on the day upon which g~~~~~ce it is assented to. FOURTH SESSION ELEVENTH LEGISLATURE GEORGE VI BILL

An Act to amend The Testators Family Maintenance Act. Received and read the First time Second time ~hird time HON. MR. MAYNARD. Title: 1951 (11th, 4th) Bill 44,

An Act to amend The Testators Family Maintenance Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6955
Type	bill
Volume / chapter	L11 S4 6955
Language	en
Format	json
Source	PROVINCIAL
Identifier	4a5cae8bcb7dec39f92f748e695eb5a3c76f91a5

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