Rules of Lapse or Alternate Recipients in the Event of Failed Testamentary Gifts: A Review of Sections 32 and 33 of the Alberta Wills and Succession Act

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This paper examines the consequences of failed or ineffective testamentary dispositions under ss 21, 32, and 33 of the Wills and Succession Act. It considers the circumstances in which a gift is considered void or ineffective, and analyzes the hierarchical rules of lapse that determine the priority of alternative beneficiaries in the event of a failed gift. A summary of potential alternate recipients of a failed gift is provided.

This paper is part of a collection presented at LESA’s Wills & EPAs – Commonly Occurring Issues program in Edmonton on January 23, 2019 and in Calgary on January 30, 2019.

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