DOWER ACT - Alberta

1 Published by Alberta Queen s Printer E-mail: Shop on-line at Alberta Queen s Printer 7th Floor, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Alberta Regulation 39/2000 With amendments up to and including Alberta Regulation 5/2011 DOWER ACT FORMS REGULATION Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20__.

2 * *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. (Consolidated up to 5/2011) Alberta REGULATION 39/2000 DOWER Act FORMS REGULATION Forms prescribed 1 The forms in the Schedule are the forms prescribed for the purposes of the sections indicated on them. Expiry 2 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2021.

3 AR 39/2000 s2;354/2003;5/2011 Repeal 3 The Forms Regulation (AR 470/81) is repealed. Schedule form A DOWER Act (Sections 4 and 6) consent of Spouse I, _____, being married to _____ do hereby give my consent to the disposition of our homestead, made in this (or the annexed) instrument, and I have executed this document for the purpose of giving up my life estate and other DOWER rights in the property given to me by the DOWER Act, to the extent necessary to give effect to the disposition. _____ (Signature of Spouse) (NOTE: If this consent is being annexed to the instrument making the disposition, section 4(5) of Schedule AR 39/2000 FORMS REGULATION 2the Act requires that the person signing this consent must also sign the instrument) form B DOWER Act (Section 4) Affidavit I, _____, of _____, make oath and say.

4 1 I am the transferor (or mortgagor, lessor or encumbrancer, as the case may be) (or the agent acting under power of attorney in my favour registered in the Land Titles Office on (date) as instrument number _____ granted by the transferor, mortgagor, or encumbrancer) named in the within (or annexed) instrument. 2 I am (or my principal is) not married. or Neither myself nor my spouse (or my principal nor my principal s spouse) have resided on the within mentioned land at any time since our (or their) marriage. or I am (or my principal is) married to _____ being the person who executed the release of DOWER rights registered in the Land Titles Office on (date) as instrument number _____.

5 Or A judgment for damages was obtained against me by my spouse (or my principal by my principal s spouse) and registered in the Land Titles Office on (date) as instrument number _____. SWORN BEFORE ME at _____ ) in the Province of _____ ) on (date) ) _____ _____ ) A Commissioner, etc. (or as the case may be) Schedule AR 39/2000 FORMS REGULATION 3 form C DOWER Act (Sections 5, 6 and 9) Certificate of Acknowledgment by Spouse 1 This document was acknowledged before me by _____ apart from her husband (or his wife).

6 2 _____ acknowledged to me that she (or he) (a) is aware of the nature of the disposition (or agreement), (b) is aware that the DOWER Act gives her (or him) a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent , (c) consents to the disposition (or agreement) for the purpose of giving up the life estate and other DOWER rights in the homestead given to her (or him) by the DOWER Act, to the extent necessary to give effect to the said disposition (or agreement), (d) is executing the document freely and voluntarily without any compulsion on the part of her husband (or his wife).

7 Dated at _____ in the Province of _____ on (date) _____ (Title of officiating officer) form D DOWER Act (Section 7) Release of DOWER Rights To the Registrar of Land Titles. Take notice that I (name of spouse) , being the wife (or husband) of (name of married person) of (address) in the Province of Schedule AR 39/2000 FORMS REGULATION 4_____, who is the registered owner of the following land, namely.

8 Hereby release to my husband (or wife) all my life estate and other DOWER rights in the above described land and I hereby discharge my husband (or wife) _____ his (or her) heirs, executors and administrators from any claim for DOWER under the DOWER Act in respect of the land. SIGNED, ) _____ in the presence of _____ ) _____ ) Barrister and Solicitor ) form E DOWER Act (Section 7) Affidavit in Support of DOWER Release I, _____, of _____ in the Province of _____, make oath and say: 1 That I am the wife (or husband) of _____ of _____ in the Province of _____.

9 2 That my husband (or wife) is the registered owner of the following land, namely: 3 That I am aware that the DOWER Act gives me a life estate and other DOWER rights in the land. 4 That I am executing this release for the purpose of giving up my life estate and other DOWER rights in the land. 5 That I am executing this release freely and voluntarily without any compulsion on the part of my husband (or wife). SWORN before me at _____ ) in the Province of _____ ) on (date) ) _____ _____ ) Barrister and Solicitor ) Schedule AR 39/2000 FORMS REGULATION 5 form F DOWER Act (Section 19) Election To the Registrar of Land Titles.

10 Take notice that I (name of spouse) , being the widow (or widower) of (name of deceased married person) formerly of (address) in the Province of _____, do hereby elect and claim my life estate under the DOWER Act in the land registered in the name of my deceased husband (or wife) (or in the name of the executor or administrator of his (or her) estate) and described as follows: SIGNED ) _____ in the presence of ) _____ ) (name of witness) ) form G DOWER Act (Section 21) Affidavit of Executor or Administrator I, _____, of _____, make oath and say: 1 I am the executor (or administrator) of the estate of _____.