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The Alberta Institute of Law

posted Dec 31, 2013, 10:55 PM by Greg Anastasi

The Alberta Institute of Law
Research and Reform, in its Report on Alberta’s version of the legislation,
Family Relief, Report No 29, 1978, stated that (pp 25–6):

… reform of the Family Relief Act should start from the premise that, in
general, it is only the legal support obligation that exists during the lifetime
that should be preserved after death, in order that we may have a clear and
rational foundation for determining when a judge should have the power to
make provision for the support of another from the deceased’s estate.

The Institute was so concerned to clarify the legislation in terms of
dependence, and dependence alone, that it recommended dropping
‘proper’ altogether. The Manitoba Law Reform Commission agreed with
this approach in its Report on the Testator’s Family Maintenance Act, Report
No 63, 1985. That body recommended replacing the existing section with
the following (pp 55–6):