Bill 47 — First Session, 16Th Legislature, Lit Elizah~Ii. the Legislative Assembly of Alberta Bill 47 An Act To Amend the Trustee Act the Attorney General (Legislature 16, Session 1)

L16 S1 4498

Alberta — Bills

1968 Bill First Session, 16th Legislature, lIT Elizah~II. THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL

An Act to amend The Trustee Act THE ATTORNEY GENERAL First Reading ............................................................. . Second Reading ......................................................... . Third Reading ........................................................... . Printed by L. S. Wall, Queen's Printer, Edmonton BILL 47

An Act to amend The Trustee Act (Assented to , 1968) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Trustee Act is hereby amended.

Section 33a, subsection (1) is amended by adding after the words "person's estate have been granted in Alberta," the words "or because the executor or admini strator in Alberta has been discharged by an order of the court,". 3. This Act comes into force on the day upon which it is assented to. Explanatory Notes I. This Bill amends

chapter 346 'of the Revised Statutes of Alberta.

Section 33a (1) presently reads: 33a.

(1) Where a pers'on wronged is unable to maintain an action under

section because neither probate of the will of the deceased person nor letters of administration of the deceased person's estate have been granted in Alberta, a judge of the Supreme Court, or a judge of the district court, as the case may require, may, on the application of the person wronged and on such terms and on such notice as he may deem proper, apPoint an adminstrator ad litem of the estate of the deceased person, whereupon (

a) the administrator ad litem is an administrator against whom and by whom an action may be brought under

section 33, and (

b) a judgment in favour of or aga-inst the administrator ad litem in any such action has the s,ame effect as a judgment in favour of or against, as the case may be, the deceased person, but it has no effect whatsoever for or against the administrator ad litem in his personal capacity. This amendment will allow the court to appoint an administrator ad litem where a person wishes to bring an action against the estate of a deceased before the appropriate statutory limitation period has expired but after the administrator or executor, as the case may be, has been discharged from his responsibilities. Title: 1968 (16th, 1st) Bill 47,

An Act to amend The Trustee Act

Document details

Collection	Alberta — Bills
Citation	L16 S1 4498
Type	bill
Volume / chapter	L16 S1 4498
Language	en
Format	json
Source	PROVINCIAL
Identifier	b069a99755197abfefe05b80a5f4b5335d7f5c7e

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