Bill 22 — Second Session, 16Th Legislature, 18 Elizabeth Ii the Legislative A~Sembhli ''Of ."J\F:,Berta Bill 22 An Act To A·Mend the Wills Act, 1960 the Attorney General (Legislature 16, Session 2)

L16 S2 4589

Alberta — Bills

1969 Bill Second Session, 16th Legislature, 18 Elizabeth II THE LEGISLATIVE A~SEMBhli ''OF ."j\f:,BERTA BILL

An Act to a·mend The Wills Act, 1960 THE ATTORNEY GENERAL First Reading ............................. . Second Reading ............................ . Third Reading Printed by L. S. Wall. Queen's Printer, Edmonton BILL 22

An Act to mend The Wills Act, 1960 (Assented to , 1969) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Wills Act, 1960 is hereby amended.

Section 5, clause (

a) is amended by striking out the words "in his name". 3.

Section applies to wills made on or after July 1, 1960. 4. This Act comes into force on the day upon which it is assented to. Explanatory Notes I. This Bill amends

chapter of the Statutes of Alberta, 1960.

Section 5(

a) presently reads: 5. Subject to sections and 7, a will is not valid unless (

a) it is signed at the end or foot thereof by the testator or in his name by some other person in his presence and by his direction, The effect of this amendment is to allow a person signing a will on behalf of a testator to sign either his own name or the testator's name.

Section 5(

a) of British Columbia's Wills Act is the same as Alberta's but the decision in the B.C. case of Re Fiszhaut (1966) 56 D.L.R. 381 held that a will signed by a person on behalf of a testator and in the testator's name was valid. The court held that the words "in his name" were not sufficient to abrogate the com mon law rule that a person signing for a testator may sign either his own name or the testator's name. 3. The amendment to

section 5(

a) is made applicable to all wills made after the commencement of the Act. Title: 1969 (16th, 2nd) Bill 22,

An Act to amend The Wills Act, 1960

Document details

Collection	Alberta — Bills
Citation	L16 S2 4589
Type	bill
Volume / chapter	L16 S2 4589
Language	en
Format	json
Source	PROVINCIAL
Identifier	c3d4841746200cb9fa8f93c9e151efb29c6501b2

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