Hometime

Hometime · Alberta legislation

RTA Residential Tenancies Act

RTA · Wills and Succession Act

Part 5 — Family Maintenance and Support

107 Estate subject to order

Current to 2025-06-11 · Official PDF

(1) On notice of an application under section 88 being given to
the personal representative, the estate is subject to the provisions of
any order that may be made and the personal representative shall
not distribute or dispose of the estate except in accordance with that
order.
(2) A personal representative that distributes or disposes of any
portion of an estate in any manner in contravention of subsection
(1) is personally liable to pay the amount distributed or disposed of
to the extent that any provision, or part of a provision, for
maintenance and support under an order under this Division ought
to be made out of the portion of the estate distributed or disposed
of.
(3) In addition to being personally liable as provided in subsection (2),
a personal representative that wilfully contravenes subsection (1) is
guilty of an offence and liable,
(a) in the case of an individual, to a fine of not more than $ 5000
and in default of payment to a term of imprisonment of not
more than 60 days, and
(b) in the case of a corporation, to a fine of not more than
$25 000.