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AR 201/2015 PUBLIC TRUSTEE GENERAL REGULATION

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ALBERTA REGULATION 201/2015

Public Trustee Act

PUBLIC TRUSTEE GENERAL REGULATION

Table of Contents

                1      Notice regarding unclaimed property

                2      Expeditious disposition of small estates

                3      Election to administer estate in certain cases

                4      Transfer of property to minor’s guardian

                5      Transfer of property to Public Trustee’s equivalent
in other jurisdiction

                6      Monitoring trustee for minors

                7      Public Trustee compensation for acting as
litigation representative for minor

                8      Trustee of estate of incapacitated person

                9      Access to information regarding clients

              10      Repeal

              11      Coming into force

Schedule


Notice regarding unclaimed property

1   The notice referred to in section 11(2)(b) or (4) of the Act must contain the following:

                               (a)    the name of the person entitled to the property, if known;

                              (b)    if the property is part of the estate of a deceased person,

                                        (i)    the name of the deceased, and

                                      (ii)    the judicial centre and file number of the relevant court file;

                               (c)    if the property is held by the Public Trustee under a court order, the judicial centre and file number of the relevant court file;

                              (d)    a description of the property and a statement of its value or estimated value;

                               (e)    any additional information that the Public Trustee considers appropriate to include in the notice.

Expeditious disposition of small estates

2(1)  The amount prescribed for the purpose of section 13(1) of the Act is $10 000.

(2)  The document referred to in section 13(2) of the Act must be in Form 1 of the Schedule.

Election to administer estate in certain cases

3(1)  The amount prescribed for the purpose of section 16(1)(b) of the Act is $75 000.

(2)  The election referred to in section 16(2)(a) of the Act must be in Form 2 of the Schedule.

(3)  At the time of filing an election, the Public Trustee must also file with the Court an affidavit disclosing, insofar as known to the Public Trustee,

                               (a)    the name, date of death and last place of residence of the deceased,

                              (b)    the beneficiaries of the estate,

                               (c)    whether the deceased left a will or not,

                              (d)    the estimated gross value of the deceased’s estate, and

                               (e)    any additional information that in the opinion of the Public Trustee is appropriate to disclose in the affidavit.

(4)  If the deceased left a will, it must be attached as an exhibit to the affidavit referred to in subsection (3).

Transfer of property to minor’s guardian

4(1)  The amount prescribed for the purpose of section 18(1)(b) of the Act is $10 000.

(2)  The acknowledgment of responsibility referred to in section 18(3) of the Act must be in Form 3 of the Schedule.

Transfer of property to Public Trustee’s equivalent
in other jurisdiction

5   The following are designated as equivalent entities for the purpose of section 19 of the Act:

JURISDICTION

EQUIVALENT ENTITY

British Columbia

Public Guardian and Trustee

Manitoba

Public Guardian and Trustee

Newfoundland and Labrador

Public Trustee

Northwest Territories

Public Trustee

Nova Scotia

Public Trustee

Nunavut

Public Trustee

Ontario

Public Guardian and Trustee or the Children’s Lawyer

Prince Edward Island

Public Trustee

Quebec

Curateur public

Saskatchewan

Public Guardian and Trustee

Yukon

Public Administrator or Public Guardian and Trustee

Monitoring trustee for minors

6(1)  For the purposes of section 21(2)(a)(iii) of the Act, the Public Trustee must review the trust’s liabilities.

(2)  For the purpose of section 21(2)(b) of the Act,

                               (a)    the prescribed interval is one year or such longer interval as the trust instrument may provide, and

                              (b)    the prescribed statements or information are as follows:

                                        (i)    an inventory of assets and liabilities as of the beginning of the year;

                                      (ii)    a statement of receipts and disbursements for the year;

                                     (iii)    a separate statement of capital receipts and disbursements, if relevant under the terms of the trust;

                                     (iv)    an inventory of assets and liabilities as of the end of the year.

(3)  The following fees are prescribed for the purpose of section 21(11) of the Act:

                               (a)    for the initial review under section 21(2)(a) of the Act,

                                        (i)    a file‑opening fee of $75, plus

                                      (ii)    $100 per hour for time expended by the Public Trustee to obtain and review the information referred to in section 21(2)(a) of the Act;

                              (b)    for each review under section 21(2)(b) of the Act,

                                        (i)    a minimum fee of $100, plus

                                      (ii)    $100 per hour for time in excess of one hour that is expended by the Public Trustee to obtain and review the statements and information referred to in subsection (2);

                               (c)    a fee that the Public Trustee considers reasonable for anything done under section 21(5) of the Act.

Public Trustee compensation for acting as
litigation representative for minor

7(1)  The compensation payable to the Public Trustee under section 23(1)(b) of the Act out of money recovered for a minor is the aggregate of the following:

                               (a)    $500;

                              (b)    any amount paid or payable by the Public Trustee to a third party for the purpose of pursuing the minor’s claim;

                               (c)    one of the following amounts:

                                        (i)    1% of the amount recovered for the minor, if the minor’s claim is resolved before questioning;

                                      (ii)    2% of the amount recovered for the minor, if the minor’s claim is resolved before trial;

                                     (iii)    3% of the amount recovered for the minor, if the minor’s claim is resolved after trial.

(2)  For the purposes of subsection (1),

                               (a)    a minor’s claim is considered to be resolved before questioning if it is settled or a judgment is obtained

                                        (i)    after the Public Trustee delivers a notice under section 5.1(6)(b) of the Limitations Act or is directed by a judge to act as the minor’s litigation representative, and

                                      (ii)    before questioning under Part 5, Division 1, Subdivision 3 of the Alberta Rules of Court occurs in a proceeding related to the minor’s claim,

                              (b)    a minor’s claim is considered to be resolved before trial if it is not resolved before questioning under Part 5, Division 1, Subdivision 3 of the Alberta Rules of Court occurs but is settled or a judgment is obtained before the commencement of a trial relating to the minor’s claim,

                               (c)    a minor’s claim is considered to be resolved after trial if it is settled or a judgment is obtained after the commencement of a trial relating to the minor’s claim, and

                              (d)    the amount recovered for a minor includes the cost of funding a structured settlement.

Trustee of estate of incapacitated person

8   A certificate referred to in section 24(2) of the Act must be in Form 4 of the Schedule.

Access to information regarding clients

9   A requisition referred to in section 44(4)(a) of the Act must be in Form 5 of the Schedule.

Repeal

10   The Public Trustee General Regulation (AR 241/2004) is repealed.


Coming into force

11   This Regulation comes into force on January 1, 2016.

Schedule  

Form 1

Certificate of Summary Disposition of Small Estate
(Public Trustee Act (section 13))

Pursuant to section 13 of the Public Trustee Act, I hereby certify that the Public Trustee is administering the estate of   (name of deceased)  , a deceased person who resided in   (municipality)  , Alberta.

Date                                                           

                                                                   
Public Trustee for the Province of Alberta

Form 2

Election to Administer Estate
(Public Trustee Act (section 16))

Pursuant to section 16 of the Public Trustee Act, the Public Trustee hereby elects to administer the estate of   (name of deceased)  , a deceased person who resided in   (municipality)  , Alberta and who died on   (date of death)  .

Date                                                           

                                                                   
Public Trustee for the Province of Alberta

Form 3

Guardian’s Acknowledgment of Responsibility
(Public Trustee Act (section 18))

This acknowledgment of responsibility is given by

Name                                                                                                     

Address                                                                                                 

                                                                                                               

                                                                                                               

1   This acknowledgment of responsibility relates to the minor,    (name of minor)   , who was born on    (day, month, year)   .

2   I am the minor’s guardian because I am

                             □   the minor’s mother or father

                             □   appointed guardian by the deed or will of the minor’s parent,    (name of parent)   , who is now deceased

                             □   appointed guardian by a court order dated    (date of guardianship order)   .

3   I have the power and responsibility to make day‑to‑day decisions affecting the minor.

4   I request the Public Trustee to deliver to me, to hold as trustee for the minor, money or other property of a total value of $             that the Public Trustee is holding for the minor.

5   I will use or expend the money or other property only for the minor’s benefit.

6   When the minor reaches the age of 18 years I will account to the minor and transfer the balance of the money or other property remaining at that time to the minor.

Date                                                                                                       

Guardian’s Signature                                                                          

Witness                                                                                                 

Form 4

Certificate of Public Trustee Regarding
Incapacitated Person
(Public Trustee Act (section 24))

Pursuant to section 24 of the Public Trustee Act, I hereby certify that the Public Trustee is trustee of       (name)      , of   (municipality)  , Alberta, under a certificate of incapacity issued under the Dependent Adults Act on       (date)      .

                                                                   
Public Trustee for the Province of Alberta

Form 5

Requisition for Information or Records

(Public Trustee Act (section 44))

To:           (name of person or organization)  

(Name of client or potential client) of           (address)           is a client or potential client of the Public Trustee.

In accordance with section 44 of the Public Trustee Act and

         section 40(1)(f) of the Freedom of Information and Protection of Privacy Act

         section 35(1)(p) of the Health Information Act

         section 20(b) of the Personal Information Protection Act

the Public Trustee hereby requires you to provide the following information or records to the Public Trustee:

                      (Description of information or records)                       

Date                                                           

                                                                   
Public Trustee for the Province of Alberta

  (Name and title of person signing of behalf of the Public Trustee)