What is the test case law for the purpose of determining the validity of a husband’s property under the Dower Act, 1917?
Alberta, Canada
The following excerpt is from McNeil v. Martin, 1982 ABCA 351 (CanLII):
The stage for Johnsen v. Johnsen was set in the Dower Act, 1917, as amended in 1919. In its amended form it provided as follows: “3. Every disposition by act inter vivos of the homestead of any married man whereby the interest of such married man shall or may vest in any other person at any time during the life of such married man or during the life of such married man’s wife living at the date of such disposition, shall in so far as it may affect the interest of the said wife in such homestead under this Act be null and void unless made with the consent in writing of the wife aforesaid.”
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