This paper is a companion to theTrustees Act: Proposals for Reform (2002) and addresses the powers of personal representatives who are not trustees as defined in The Trustee Act. The Commission recommends including some provisions garnered from existing statute in The Administration of Estates Act and omitting other out-dated provisions, in effect replacing the Devolution of Real Property Act.
Under the present law, a will is automatically revoked on marriage or divorce. These long-standing rules are intended to protect the interests of spouses and children of the makers of wills. However, it has been suggested the the changing social and legal context may sometimes defeat the purpose of the rules, and even make them a problem. This Consultation Paper discusses when a will is automatically revoked due to marriage or divorce.
Ademption resulting from equitable conversion has had unjust consequences for beneficiaries. This report proposes amendment of The Wills Act to provide that when a testator enters into an agreement for sale of devised property, the beneficiary takes the interest of the testator under the agreement, mortgage or option agreement.