Thursday, October 10, 2013

Alberta Law Reform Institute Final Report on Estate Administration

The Alberta Law Reform Institute (ALRI) has released its Final Report on Estate Administration:
"In our Final Report on Estate Administration, ALRI makes a number of recommendations for reform (…) "
The objective of these reforms is to create clear, rational and accessible legislation that will provide guidance to estate representatives who are responsible for administering an estate."
"In keeping with this objective, our report starts by providing a clear description of the role of the estate representative, beneficiaries and the court. The estate representative ensures the timely, efficient, and effective transfer of the estate property to the beneficiaries. The beneficiaries monitor the estate administration process. Generally, where a court is involved, it is at the front-end of the process. The court confirms who has authority to administer an estate and who requires notice. It does not, except where there are disputes, approve the plan for distributing the assets of the estate. In order to carry out the role of the estate representative, certain qualities must be demonstrated."
"To avoid any confusion as to what is expected of an estate representative, our report expressly states the core duties of this position. Particularly important in the context where a layperson is acting as estate representative, this report expands on these core duties by providing a detailed task list (…)"
"Finally, this report emphasizes the importance of communication to the estate administration process. Effective communication between the estate representative, the beneficiaries, and creditors is the key to a beneficiary-driven rather than a court-driven process. For this reason, it is a core duty of the estate representative and at the heart of many of the activities on the detailed task list." 
 The report also examines the legislative framework on the issue in other Canadian provinces, Australia and the United States.

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posted by Michel-Adrien at 7:12 pm


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