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JUSTICE STATUTES AMENDMENT ACT, 2014

JUSTICE STATUTES
AMENDMENT ACT, 2014

Chapter 13

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Wills and Succession Act

Amends SA 2010 cW‑12.2

13(1)   The Wills and Succession Act is amended by this Act.

(13)  Section 95 is amended

                            (a)    by repealing subsections (1) and (2) and substituting the following:

(2)  Where an application is made under this Division,

                                 (a)    a family member, on the written request of

                                        (i)    another family member,

                                      (ii)    a personal representative of the deceased’s estate, or

                                     (iii)    any other person required to be served under section 91(1) with notice of the application,

                                    or

                                 (b)    a personal representative of the deceased’s estate, on the written request of

                                        (i)    a family member, or

                                      (ii)    any other person required to be served under section 91(1) with notice of the application,

shall provide the family member, personal representative or other person making the request with financial information as required by the regulations that is necessary for the determination of maintenance and support.

                           (b)    by repealing subsection (5) and substituting the following:

(5)  If a family member or a personal representative fails to comply with a request under subsection (2), the Court may, on application, do one or more of the following:

                                 (a)    order the family member or personal representative to provide some or all of the required information to one or more other persons or to the Court;

                                 (b)    dismiss any application made by or on behalf of the family member or by the personal representative but proceed to hear the application in respect of the family members on whose behalf section 92 deems the application to have been made and any other parties;

                                 (c)    proceed to hear the application and, in the course of doing so, may draw an adverse inference against the family member or personal representative who failed to comply with the request and, in the case of a family member, impute income or assets to that family member in an amount the Court considers appropriate;

                                 (d)    award costs in favour of one or more other parties.

                            (c)    by repealing subsection (6).

(16)  Subsections (2), (9) and (13) come into force on Proclamation.