The Dower Act

R.S.M. 1988, c. D100

The Dower Act

Table of Contents

1 Definitions.
CONSENT OR RELEASE TO DISPOSITION OF HOMESTEAD
2 Consent of wife to disposition.
3 Husband forbidden to act as attorney.
4 Consent of wife to change of homestead.
(2) Only one homestead.
(3) Change of home without consent.
(4) Election after death of husband.
(5) Form of election.
(6) Where widow does not wish to elect.
5 Written consent to be filed in L.T.O.
(2) Form.
6 Release of rights in favour of husband.
(2) Form.
(3) Termination of release.
(4) Order terminating release.
(5) Filing of caveat.
(6) Withdrawing release filed in L.T.O.
7 Consent or release by attorney.
8 Acknowledgment of consent or release.
(2) Acknowledgment of power of attorney.
(3) Persons who may take acknowledgments.
(4) Certificate is conclusive evidence.
(5) Proof of marriage.
(6) Making of affidavit
(7) Where no inquiry need be made.
(8) Onus of proof.
9 Acknowledgment where a mineral interest
(2) Affidavit as to mineral interest.
10 Acknowledgment by attorney.
11 Mortgage encumbrance.
(2) Wife to receive one-half of surplus.
(3) Order respecting wife living apart
12 Order validating defective consent.
COURT DISPENSING WITH CONSENT
13 Where homestead may be sold on order.
(2) Charge upon the homestead.
(3) Provision for wife made by husband.
(4) Effect of order.
LIFE ESTATE IN HOMESTEAD
14 Wife to have life estate.
(2) Consent by widow.
(3) Form and execution of consent.
WIDOW'S SHARE OF ESTATE
15 Widow to have one-half.
(2) Computation of capital value.
16 Exception.
ELECTION BY WIDOW
17 Election where husband left will.
(2) Form of election.
(3) Election shall be filed.
(4) Where notice to elect not given.
(5) Effect of failure to comply.
(6) Procedure where widow fails to elect.
(7) Procedure in case of dispute.
(8) Effect of section.
18 Death of widow before election.
19 Consequence of election under this Act.
20 Declaration as to life insurance.
21 Priority of widow's share.
WIFE LIVING APART
22 Rights of wife living apart.
(2) Settlement of dispute by judge.
(3) Order as to wife's rights.
(4) Effect of resumption of cohabitation.
(5) Procedure before judge.
(6) Costs where application fails.
GENERAL
23 Release of rights.
24 Wife may release or elect although not 18.
(2) Actions of committee for wife.
25 Effect of defects of form.
26 No consent after previous consent given.
(2) Consent in another document.
27 Right to file.
(2) Withdrawal before registration.
(3) Attestation of notice.
(4) Manner of withdrawing.
(5) Discharge.
(6) Effect of consent where caveat filed.
28 Judge to determine certain questions.
29 Extension of time for election.
30 Dispensing with notice of application.
(2) Service of notice of application.
(3) Service on committee.
31 Effect of orders.
(2) Filing judgments.
32 Appeal.
33 Rights in wife's homestead.
(2) Rights in wife's estate.
34 Forms I and K.
SCHEDULE
FORM A
(Section 5)
CONSENT TO DISPOSITION (IF EMBODIED IN OR ENDORSED UPON A DISPOSITION)
FORM B
(Section 5)
CONSENT TO DISPOSITION (BY SEPARATE DOCUMENT)
FORM C
(Section 14)
CONSENT BY WIDOW TO DISPOSITION BY PERSONAL REPRESENTATIVE
FORM D
(Section 5)
CONSENT TO CHANGE OF HOMESTEAD
FORM E
(Section 6)
RELEASE TO HUSBAND
FORM F
(Section 8)
CERTIFICATE OF ACKNOWLEDGMENT BY WIFE TO CONSENT, RELEASE OR POWER OF ATTORNEY, AS THE CASE MAY BE
FORM G
(Section 8)
AFFIDAVIT BY MAKER OF INSTRUMENT (OR HIS ATTORNEY, ETC.)
FORM H
(Section 8)
AFFIDAVIT BY MAKER OF INSTRUMENT (OR HIS ATTORNEY, ETC.)
FORM I
(Section 27)
DOWER NOTICE
FORM J
(Section 27)
AFFIDAVIT IN SUPPORT OF DOWER NOTICE
FORM K
(Section 27)
DISCHARGE OF NOTICE OF DOWER RIGHTS