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AR 39/2000 FORMS REGULATION

(Consolidated up to 5/2011)

Alberta Regulation 39/2000

Dower Act

FORMS REGULATION


Forms prescribed

1   The forms in the Schedule are the forms prescribed for the purposes of the sections indicated on them.

Expiry

2   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2021.

AR 39/2000 s2;354/2003;5/2011

Repeal

3   The Forms Regulation (AR 470/81) is repealed.


Schedule

Form A

Dower Act
(Sections 4 and 6)

Consent of Spouse

I, ____________________, being married to ________________ do hereby give my consent to the disposition of our homestead, made in this (or the annexed) instrument, and I have executed this document for the purpose of giving up my life estate and other dower rights in the property given to me by the Dower Act, to the extent necessary to give effect to the disposition.

_________________

(Signature of Spouse)

                                         (NOTE:  If this consent is being annexed to the instrument making the disposition, section 4(5) of the Act requires that the person signing this consent must also sign the instrument)

Form B

Dower Act
(Section 4)

Affidavit

I, __________________________________________________, of ___________________, make oath and say:

1   I am the transferor (or mortgagor, lessor or encumbrancer, as the case may be) (or the agent acting under power of attorney in my favour registered in the Land Titles Office on      (date)         as instrument number _______ granted by the transferor, mortgagor, or encumbrancer) named in the within (or annexed) instrument.

2   I am (or my principal is) not married.

or

Neither myself nor my spouse (or my principal nor my principal’s spouse) have resided on the within mentioned land at any time since our (or their) marriage.

or

I am (or my principal is) married to _________________________
being the person who executed the release of dower rights registered in the Land Titles Office on          (date)          as instrument number ________.

or

A judgment for damages was obtained against me by my spouse (or my principal by my principal’s spouse) and registered in the Land Titles Office on        (date)          as instrument number _______.

SWORN BEFORE ME at ________    )
in the Province of ______________  )
on            (date)             ) ____________________
______________________                                                         )
A Commissioner, etc. (or
 as the case may be)

Form C

Dower Act
(Sections 5, 6 and 9)

Certificate of Acknowledgment by Spouse

1   This document was acknowledged before me by ____________ apart from her husband (or his wife).

2   ______________________ acknowledged to me that she (or he)

                                          (a)  is aware of the nature of the disposition (or agreement),

                                          (b)  is aware that the Dower Act gives her (or him) a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent,

                                          (c)  consents to the disposition (or agreement) for the purpose of giving up the life estate and other dower rights in the homestead given to her (or him) by the Dower Act, to the extent necessary to give effect to the said disposition (or agreement),

                                          (d)  is executing the document freely and voluntarily without any compulsion on the part of her husband (or his wife).

Dated at ______________________________ in the Province of ________________ on    (date)     

_____________________

(Title of officiating officer)

Form D

Dower Act
(Section 7)

Release of Dower Rights

To the Registrar of Land Titles.

Take notice that I   (name of spouse)  , being the wife (or husband) of    (name of married person)    of    (address)    in the Province of _____________, who is the registered owner of the following land, namely:

hereby release to my husband (or wife) all my life estate and other dower rights in the above described land and I hereby discharge my husband (or wife) _________________ his (or her) heirs, executors and administrators from any claim for dower under the Dower Act in respect of the land.

SIGNED,                )  ______________________ in the presence of ______________  )
______________________                                                         )
Barrister and Solicitor          )

Form E

Dower Act
(Section 7)

Affidavit in Support of Dower Release

I, __________________, of __________________ in the Province of ______________, make oath and say:

1   That I am the wife (or husband) of _____________________ of ______________ in the Province of ________________________.

2   That my husband (or wife) is the registered owner of the following land, namely:

3   That I am aware that the Dower Act gives me a life estate and other dower rights in the land.

4   That I am executing this release for the purpose of giving up my life estate and other dower rights in the land.

5   That I am executing this release freely and voluntarily without any compulsion on the part of my husband (or wife).

SWORN before me at ____________              )
in the Province of ________________           )
on           (date)                                         )  ________________
_________________________________    )
Barrister and Solicitor                )

Form F

Dower Act
(Section 19)

Election

To the Registrar of Land Titles.

Take notice that I      (name of spouse)      , being the widow (or widower) of     (name of deceased married person)     formerly of    (address)    in the Province of _______________, do hereby elect and claim my life estate under the Dower Act in the land registered in the name of my deceased husband (or wife) (or in the name of the executor or administrator of his (or her) estate) and described as follows:

SIGNED                 )  ______________________
in the presence of          )
_______________________    )
  (name of witness)           )

Form G

Dower Act
(Section 21)

Affidavit of Executor or Administrator

I, _______________, of _____________, make oath and say:

1   I am the executor (or administrator) of the estate of _______________.

2   To the best of my knowledge, information and belief, the deceased was not married.

or

To the best of my knowledge, information and belief, the spouse of the deceased married person is dead.

or

To the best of my knowledge, information and belief, neither the deceased nor the spouse of the deceased have resided on the within mentioned land at any time since their marriage.

or

To the best of my knowledge, information and belief, the deceased was, at the time of death, married to ________________, being the person who executed the release of dower rights registered in the Land Titles Office on      (date)              as instrument number ____________.

or

A judgment for damages was obtained against the deceased by his (or her) spouse and registered in the Land Titles Office on        (date)        as instrument number _______________.

or

The homestead of the deceased consists of land other than the within mentioned land as determined by the election of the spouse (or the order of the Court of Queen’s Bench) registered in the Land Titles Office on      (date)              as instrument number ________________.

Sworn before me at ______________    )
in the Province of _______________     )  ________________
on             (date)                                      )

____________________________________
(A Commissioner, etc. (or as the case may be))

Form H

Dower Act
(Section 21)

Consent of Surviving Spouse

I, (name of surviving spouse), being the surviving spouse of (name of deceased spouse), do hereby give my consent to the disposition of our homestead, made in this (or the annexed) instrument, and I have executed this document for the purpose of giving up my life estate and other dower rights in the property given to me by the Dower Act, to the extent necessary to give effect to the disposition.

________________________

(Signature of surviving spouse)

NOTE: If this consent is being annexed to the instrument making the disposition, section 4(5) of the Act requires that the person signing this consent must also sign the instrument.