Bill 56 — Third Session, 16Th Legislature, 19 Elizabeth Ii == the Legislative Assembly ~Rta Bill 56 An Act To Amend the Intestate Succession Act the Attorney General (Legislature 16, Session 3)

L16 S3 4748

Alberta — Bills

1970 Bill Third Session, 16th Legislature, 19 Elizabeth II == THE LEGISLATIVE ASSEMBLY ~RTA BILL

An Act to amend The Intestate Succession Act THE ATTORNEY GENERAL First Reading ............................. . Second Reading ............................ . Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmon ton BILL S6

An Act to amend The Intestate Succession Act (Assented to , 1970) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Intestate Succession Act is hereby amended. 2. Sections and are struck out and the following

section is substituted: 15. For the purposes of this Act, an illegitimate child shall be treated as if he were the legitimate child of his mother. 3. This Act comes into force on the day upon which it is assented to. Explanatory Notes I. This Bill amends

chapter of the Revised Statutes. 2. Sections and presently read: 15. Illegi1timate children and their issul' (

a) shall inherit from the mother as if the children were legitimate, and (

b) shall inherit through the mother, if dead, any real or personal property that she would have taken, if living, by gift, devise or descent from any other person. 17.

If an intestate, being an illegitimate child, dies leaving no widow, or issuE'. his estate shall go to his mother, if living, but if the mother is dead his estate shall go to the other children of the same mother in equal share, and if any child is dead the children of the deceased child shall take the share their parent would have tal{en if living, but where the only persons entited are children of deceased children of the mother, they shall take per capita.

Sections and are the same as those in the original Uniform Intestate Succession Act adopted in by the Conference of Commissioners on Uniformity of Legislation in Canada. In the Conference amended its Uniform Act to replace these sections with the

section to be enacted by this Bill. The Conference amended its Act as a result of the decision in a Saskatchewan case Re Carlson (1957), 11 D.L.R. (2d) 485, which demonstrated a flaw in the old sections in that they covered succession from the illegitimate to the mother and from the mother to the illegitimate but did not cover cases where the illegitimacy is higher up the family tree than the intestate himself. The new

section corresponds to a similar rule in

section of The Wills Act, 1960 which reads: ~r "34. In the construction of a will, ex·cept when a contrary intention appears by the will, an illegitimate child shall be treated as if he were the legitimate child of his mother." Title: 1970 (16th, 3rd) Bill 56,

An Act to amend The Intestate Succession Act

Document details

Collection	Alberta — Bills
Citation	L16 S3 4748
Type	bill
Volume / chapter	L16 S3 4748
Language	en
Format	json
Source	PROVINCIAL
Identifier	d021ead982c8f2f335f37e96023857621fd4bb5b

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