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(Consolidated up to 306/2009)
ALBERTA REGULATION 130/95
Court of Queen’s Bench Act
SURROGATE RULES
Table of Contents
1 Definitions
2 Rules of Court
4 Application for direction
5 Notice to attend or produce
6 Venue
7 Date of affidavit
8 Additional information
9 Forms
Part 1
Non‑contentious Matters
Division 1
Application for Grant
10 Grants
11 Preference
12 Limited grant
13 Forms required
Will
14 Void gift
15 Wills and codicils
16 Identification by witness
17 Proving signing of will
18 Will not in English
19 Witnesses dead
20 Dated will
21 Minor testator
22 Other documents
23 Formal proof of will
24 Lost will
25 Alterations, etc.
Notice Required
26 Notice of application
27 Unknown beneficiary
Bonds
28 Bonds
29 Dispensation from bond
30 Application re bond
31 Powers of court
Personal Representatives
32 Renunciation
33 Nominations
34 Grant of double probate
35 Grant of re‑sealed probate or re‑sealed administration
36 Ancillary grant
37 Unadministered property
Claimants
38 Notice to claimants
39 Notice by claimant
40 Verification of claims
41 Valuation of security
42 Contested claims
43 Claims not yet payable
Duties of the Clerk
44 Fees
45 Applications
46 Grants
47 Retention of documents
48 Copies of documents
49 Clerk’s certificate
Division 2
Administration of the Estates of Minors
50 Applications
51 Publication
52 Bonds
53 Dispensing with bond
54 Application of rules
Part 2
Contentious Matters
Division 1
General
55 Application
56 Parties
57 Persons interested in the estate
58 Commencement of action
59 Documents to be served
60 Service
61 Notice
62 Representation
63 Proceedings in chambers
64 Procedure at hearing
65 Standing
66 Trial of an issue
67 Time limit
68 Production of testamentary documents
69 Security for costs
70 Time for completion
Division 2
Proceedings on Caveats
71 Caveat against issue of grant
72 Warning to caveator
73 Objection to grant
74 Frivolous or vexatious caveat
Division 3
Formal Proof of a Will
75 Applications
76 Original will lost or destroyed
77 Required documents
78 Persons interested in the estate
79 Action commenced by a person interested in the estate
80 Special applications
81 Order requiring formal probate
82 Parties
83 Trial
84 Hearing in chambers
85 Evidence
86 Order of decisions
87 Order of proceedings
88 Other proceedings
89 Witness fees
90 Powers of the court
91 Order final
92 Appeal
93 Return and revocation of informal grant
Division 4
Proof of Death
94 Proof of death
Division 5
Claims on an Estate
95 Contested claim
96 Application to court
Part 3
Accounting
Division 1
General
97 Requirement for an accounting
98 Contents of financial statements
99 Acceptable documentation
Division 2
Releases
100 Releases
101 Effect of release
102 Bond
Division 3
Dispensing with Formal Passing of Accounts
103 Dispensing with passing accounts
104 Proceeding without notice
106 Objection
Division 4
Passing Accounts
107 Required forms
108 Application by person interested in estate
109 Reply
110 Withdrawal
111 Objection
112 Consent to an accounting
113 Powers of court
114 Notice of objection
115 Examination of accounts by an accountant
116 Access to records
117 Report
Part 4
Dependent Adults
118 Application of Part
119 Contents of financial statements
120 Acceptable documentation
121 Required forms
122 Application by an interested person
123 Parties
124 Reply
125 Accounting given
126 Objection to accounting formally
127 Consent to accounting formally or filing inventory
128 Powers of court
129 Reference to Public Trustee
130 Examination of accounts by an accountant
131 Access to records
132 Report
133 Approving and dispensing with passing accounts
134 Proceeding without notice
135 Court order
136 Public Trustee
Part 5
Transitional, Repeal and Commencement
Schedule 1 - Legal and Personal Representative Compensation
Schedule 2 - Court Fees
Schedule 3 - Forms
Definitions
1 In these Rules,
(a) “Act” means the Court of Queen’s Bench Act;
(b) “beneficiaries” includes persons who receive gifts of any kind under a will and heirs on intestacy;
(c) “claimants” includes creditors;
(d) “contentious matter” means
(i) proceedings respecting caveats,
(ii) formal proof of a will,
(iii) proceedings in which the right to obtain or retain a grant is in dispute, or
(iv) any other matter in dispute that arises in the administration of an estate to which these Rules apply;
(e) “file” means file with the clerk in the judicial district in which an application must be made;
(f) “financial statement” means a formal financial report or statement required to be prepared by a personal representative under Part 3;
(g) “form” means a form in Schedule 3;
(h) “formal proof of a will” means proof of a will in solemn form;
(i) “minor” includes an unborn child;
(j) “person” includes an organization or society;
(k) “person interested in an estate” means a person referred to in rule 57;
(l) “personal representative” means an executor of a will or an administrator or trustee of an estate to which these Rules apply, and includes a person named as an executor or trustee in a will before a grant is issued;
(m) “residuary beneficiary” means a person receiving a part or all of the residue of the estate;
(n) “sign” with reference to a document means the execution of the document whether by signing or by some other means;
(o) “will” includes any testamentary disposition.
AR 130/95 s1;53/2001
Rules of Court
2(1) The Alberta Rules of Court (Alta. Reg. 390/68), except Part 34, apply to an application to the court if the matter is not otherwise dealt with under these Rules or the context indicates otherwise.
(2) The court may vary any rule in any case where the court decides it is appropriate to do so.
(3) Subrule (2) does not apply if the rule imposes a duty on the court.
(4) If provision for a procedure or matter is not made in these Rules or is not included in and cannot be analogized to the Alberta Rules of Court (Alta. Reg. 390/68), the court may make any order concerning it that is necessary or appropriate in the circumstances.
3 Repealed AR 53/2001 s3.
Application for direction
4 A personal representative or a person interested in an estate may apply to the court for directions at any time.
Notice to attend or produce
5(1) The court may issue
(a) a notice to compel attendance or to compel the production of any relevant documents, or
(b) a notice of future applications.
(2) The court may
(a) issue a notice to classes of persons interested in the estate generally rather than to individuals by name, and
(b) state the method of service to be used for the notice.
Venue
6(1) An application for a grant must be filed in a judicial district in which the deceased resided on the date of death unless the court permits otherwise.
(2) If the deceased resided outside Alberta immediately before dying, an application for a grant may be filed in any judicial district where the deceased had property on the date of death.
Date of affidavit
7 An affidavit filed under these Rules may be dated before the date on which it or any other document is filed.
Additional information
8 On any application to which these Rules apply, the court may require the applicant to give any additional information that the court decides is necessary.
Forms
9 The forms in Schedule 3 are the forms required to be filed under these Rules.
Part 1
Non‑contentious Matters
Division 1
Application for Grant
Grants
10(1) The following grants may be applied for under this Part:
(a) grants that are unlimited and unrestricted, including
(i) a grant of probate;
(ii) a grant of administration with will annexed (cum testamento annexo);
(iii) a grant of administration;
(iv) a supplemental grant (cessate);
(v) a grant of double probate;
(b) grants that are limited to part of the deceased’s property, including
(i) a grant of administration of unadministered property (de bonis non administratis);
(ii) a grant of re-sealed probate with respect to property in Alberta;
(iii) a grant of re-sealed administration with respect to property in Alberta;
(iv) a grant of administration limited to specific property;
(v) a grant of administration of property not included in another grant (caeterorum bonorum);
(vi) an ancillary grant;
(c) grants that are for a limited time, including
(i) a grant of administration until a will is found;
(ii) a grant of administration during the minority, absence or mental incompetence of the personal representative (durante minoritate, absentia, dementia);
(d) grants that are for a limited purpose only, including
(i) a grant of administration when the validity of a will is in question (pendente lite);
(ii) a grant of administration for the purpose of litigation (ad litem);
(iii) a grant of administration for the preservation of property (ad colligendum bona defuncti);
(iv) a grant of administration limited to a specified matter.
(2) The court may issue any grant that is not referred to in subsection (1) that the court considers proper in the circumstances.
AR 130/95 s10;132/2000
Preference
11(1) Preference must be given to an applicant for a grant of probate or administration with will annexed in the following order unless the court, on application, orders otherwise:
(a) a personal representative named in a will;
(b) a residuary beneficiary named in a will;
(c) a life tenant of the residue in a will;
(d) an heir on intestacy, excluding the Crown, if the residue is not completely disposed of in a will;
(e) a beneficiary receiving a specific gift in a will;
(f) a contingent beneficiary of the residue in a will;
(g) a contingent beneficiary of a specific gift in a will;
(h) the Crown in right of Alberta.
(2) Preference must be given to an applicant for a grant of administration in the following order unless the court, on application, orders otherwise:
(a) the surviving spouse or surviving adult interdependent partner;
(b) a child of the deceased;
(c) a grandchild of the deceased;
(d) issue of the deceased other than a child or grandchild;
(e) a parent of the deceased;
(f) a brother or sister of the deceased;
(g) a child of the deceased’s brother or sister if the child is an heir on intestacy;
(h) next of kin of the deceased of closest and equal degree of consanguinity who are heirs on intestacy and who are not otherwise referred to in this subsection;
(i) a person who has an interest in the estate because of a relationship with the deceased;
(j) a claimant;
(k) the Crown.
(3) Between applicants of equal preference under subrule (1) or (2), preference must be given
(a) to an applicant living in Alberta, or
(b) in the case of subrule (2)(a), to the applicant who last lived with the deceased before the deceased’s death,
unless the court, on application, orders otherwise.
(3.1), (3.2) Repealed AR 306/2009 s2.
(4) Unless the court, on application, orders otherwise, a grant of administration must not be given to more than 3 persons at the same time.
AR 130/95 s11;201/2003;306/2009
Limited grant
12(1) If the grant applied for is limited in any manner, the limitation must appear clearly on the application.
(2) If the grant given is limited in any manner, the limitation must appear clearly on the grant.
Forms required
13(1) An applicant for a grant of probate or a grant of administration with will annexed
(a) must file the following forms:
(i) Form NC 1;
(ii) Form NC 2;
(iii) Form NC 3 Schedule 1;
(iv) Form NC 4 Schedule 2;
(v) Form NC 8;
(vi) Form NC 5 Schedule 3;
(vii) Form NC 6 Schedule 4;
(viii) Form NC 7 Schedule 5;
(ix) Form NC 19;
(x) Form NC 27;
(b) if the circumstances require, must file the following forms:
(i) Form NC 20;
(ii) Form NC 17;
(iii) Form NC 22;
(iv) Form NC 23;
(v) Form NC 24;
(vi) Form NC 12;
(vii) Form NC 14;
(viii) Form NC 24.1;
(ix) Form NC 25.
(2) An applicant for a grant of administration or a limited grant of administration
(a) must file the following forms:
(i) Form NC 1;
(ii) Form NC 2;
(iii) Form NC 3 Schedule 1;
(iv) Form NC 5 Schedule 3;
(v) Form NC 6 Schedule 4;
(vi) Form NC 7 Schedule 5;
(vii) repealed AR 132/2000 s3;
(viii) Form NC 27;
(b) if the circumstances require, must file the following forms:
(i) Form NC 17;
(ii) Form NC 22;
(iii) Form NC 23;
(iv) Form NC 24;
(v) Form NC 15;
(vi) Form NC 16;
(vii) Form NC 24.1;
(viii) Form NC 25;
(ix) Form NC 21.
(3) An applicant for a grant who is an attorney entitled by law to make the application must file the following forms and any relevant forms referred to in subrule (1) or (2):
(a) Form NC 28;
(b) Form NC 29.
(4) An applicant for a grant of double probate must file the following forms and any relevant forms referred to in subrule (1):
(a) Form NC 30;
(b) Form NC 31.
(5) An applicant for an order to re-seal a foreign grant of probate or administration or an ancillary grant must file the following forms and any relevant forms referred to in subrule (1) or (2):
(a) Form NC 32 application;
(b) Form NC 33 affidavit;
(c) a copy, duplicate or exemplification of the foreign grant that complies with section 29(3) of the Administration of Estates Act;
(d) a certificate from the foreign court or some other proof satisfactory to the court that the foreign grant is unrevoked and fully effective;
(e) proof that the signing formalities of any will comply with the law of Alberta if the deceased owned an interest in land in Alberta.
(6) An applicant must file any forms or documents not referred to in subrules (1) to (5) that the court or the circumstances of the estate require.
AR 130/95 s13;132/2000;251/2001
Will
Void gift
14 If a gift to a beneficiary under a will is void because the beneficiary is a witness to the will or the then spouse or then adult interdependent partner of a witness, an application made with respect to the will must indicate that the gift is void and the endorsement must appear on the copy of the will attached to the grant.
AR 130/95 s14;201/2003;107/2004
Wills and codicils
15 Subject to section 4 of the Administration of Estates Act, the original will and any original codicils must be attached to an application for a grant of probate or a grant of administration with will annexed.
Identification by witness
16(1) If possible, the applicant, the person before whom the applicant’s affidavit is sworn and the justice must each mark the will, and any codicil, in such a way that the will is identified for the purposes of the application and of any affidavit respecting the application.
(2) Any marking on a will must be made below the signatures on either the front or back of the last page of the will and must not obliterate or damage the original will.
(3) A witness to a will must prove that the signing formalities were observed by providing an affidavit in Form NC 8 and the original will must be an exhibit to the affidavit.
(4) If a will is a holograph will, a person other than the applicant, unless otherwise ordered by the court, must prove the deceased’s handwriting by providing an affidavit in Form NC 9.
(5) An affidavit sworn by a witness to a will at the time that a will is signed is acceptable as proof that the formalities were observed, unless there is an apparent change in the will that the witness has not satisfactorily explained in the affidavit.
(6) An affidavit referred to in subrule (5) may be in a form other than Form NC 8 if it is sworn before these Rules come into force.
(7) The court may require any further identification of a will the court considers necessary if the will is written on more than one piece of paper and not all pieces are identified by the signature or initials of the deceased and the witnesses.
(8) The following may be used to mark a will for identification under this rule:
(a) respecting Schedule 2 of the application:
This is the will referred to in Schedule 2 and is exhibit A to the affidavit of , a witness to this will.
(Applicant’s Signature)
(A Commissioner for Oaths)
(Justice of the Court of Queen’s
Bench of Alberta)
(b) respecting an affidavit of a witness to the will:
This is exhibit A referred to in the affidavit of (deponent’s name).
Sworn before me on
(A Commissioner for Oaths)
AR 130/95 s16;135/96;53/2001
Proving signing of will
17 If the deceased at the time a will was made
(a) was blind,
(b) was illiterate,
(c) did not fully understand English,
(d) indicated an intention to give effect to the will with a mark, or
(e) indicated an intention to give effect to the will by having another person sign at the deceased’s direction,
the applicant must satisfy the court that the deceased and the witnesses were present when the will was signed, that the will was fully explained to the deceased and that the deceased appeared to the witnesses to fully understand the will.
Will not in English
18 If a will is written in a language other than English, the applicant must give an affidavit in Form NC 10 verifying the will’s translation into English.
Witnesses dead
19 If both witnesses to a will are dead or neither witness can give an affidavit for any reason, the applicant may establish proof that the formalities required for a will to be valid were observed by an affidavit
(a) attesting to the authenticity of the signature of the deceased, or
(b) from any person
(i) who did not sign as a witness,
(ii) who was present during the signing of the will, and
(iii) who can attest to the circumstances.
Dated will
20(1) If there is no indication on a will of the date on which the will was signed or reference to the date is imperfect, one of the attesting witnesses must give evidence of the date on which the will was signed.
(2) If subrule (1) cannot be complied with, the court may require the applicant
(a) to give evidence of the signing of the will between 2 stated dates, and
(b) to give evidence that a search for a later will has been made and none was found.
Minor testator
21 If the deceased was under 18 years of age at the time the will was signed, the applicant must prove that section 9 of the Wills Act was complied with at the time the will was signed.
Other documents
22(1) If a will refers to a document or the applicant knows of a document that may form part of a will, the applicant must give the document to the court with the application.
(2) If a document referred to in subrule (1) is not given with an application, the applicant must explain to the satisfaction of the court why it is not.
Formal proof of will
23 The court may require formal proof of a will under Part 2 or any other proof satisfactory to the court, if
(a) no witness is available to swear the necessary affidavit,
(b) the appearance of the will indicates an attempt to cancel it by burning, tearing or any other act of destruction,
(c) words in the will that might be important have been erased or obliterated, or
(d) in the opinion of the court, circumstances require formal proof of the will.
Lost will
24 If an original will is lost or destroyed but a copy or other evidence of it exists, the court may admit the copy or other evidence to probate if
(a) the will is proved formally under Division 3 of Part 2, or
(b) in the opinion of the court, the will can be adequately identified under this Part.
Alterations, etc.
25 If the court directs that any alterations, interlineations, erasures or obliterations should be omitted from a will, the clerk must omit them from the copy of the will attached to the grant.
Notice Required
Notice of application
26(1) An applicant must serve notice of any application for a grant
(a) in Form NC 19, Form NC 20 or Form NC 21 to the persons listed in Form NC 6 as filed, and
(b) in Form NC 22, Form NC 23, Form NC 24 or Form NC 24.1 to the appropriate persons, if any.
(2) A copy of the completed application must be served with a notice required under subrule (1) on any person who is a residuary beneficiary or an heir on intestacy.
(3) Service under this rule may be made
(a) by registered mail, or
(b) by serving a lawyer who is authorized to accept service on behalf of a person.
(4) If a person is required to be served under this rule, proof of the service must be filed in Form NC 27.
(5) If the applicant does not file proof of service on a person as required by subrule (4), the court may issue a grant only if it is satisfied with the reason given by the applicant for not filing the proof of service as required.
(6) Service under this section is valid despite a later amendment to the application that is made at the direction of the court.
AR 130/95 s26;135/96;132/2000
Unknown beneficiary
27 If an applicant knows of a particular beneficiary but does not know the identity or address of the beneficiary, the applicant must file an affidavit in Form NC 25 to that effect with the application.
Bonds
Bonds
28(1) Subject to subrule (2), a personal representative who is not a resident of Alberta must provide a bond.
(2) A personal representative is not required to provide a bond if
(a) the personal representative is resident in Alberta, or
(b) there are 2 or more personal representatives and one of them is resident in Alberta.
(3) If a non-resident personal representative must provide a bond, the bond must be from an insurer licensed under the Insurance Act to undertake contracts of guarantee insurance as defined in section 1(1)(q) of the Classes of Insurance Regulation (AR 121/2001).
(4) A bond must be for an amount equal to
(a) the gross value of the deceased’s property in Alberta,
less
(b) if the court so orders, any amount distributable to the personal representative as a beneficiary.
AR 130/95 s28;7/2005
Dispensation from bond
29(1) A non-resident personal representative may apply to dispense with the requirements of rule 28(1) or to reduce the amount of a bond by filing an affidavit in Form NC 17.
(2) An applicant under this rule may file a beneficiary’s consent to dispensing with a bond in Form NC 18 in support of the application.
Application re bond
30(1) Any person interested in an estate may apply to the court for an order that a bond be required from a resident personal representative despite rule 28(2) if the personal representative is not named as executor in the will.
(2) Any person interested in an estate may apply to the court for an order requiring a non‑resident personal representative to provide a bond despite rule 28(2), whether or not an application is made under rule 29.
Powers of court
31(1) The court, on an application under rule 29 or 30, may, after considering the interests of the beneficiaries and claimants of the estate,
(a) require a bond;
(b) reduce the amount of a bond;
(c) dispense with the bond requirements;
(d) impose conditions on the applicant or any other person interested in the estate;
(e) require more information;
(f) do any other thing that the circumstances require.
(2) The court must not require a lawyer representing an applicant to undertake to retain control of the property in the estate as a condition of dispensing with a bond.
Personal Representatives
Renunciation
32(1) If a personal representative named in a will does not wish to or cannot apply for a grant of probate, the personal representative must renounce in Form NC 12 or by a method approved by the court.
(2) Before a grant of administration may be issued to an applicant, all those who rank higher or equal to the applicant under rule 11(2) must renounce their rights to apply for a grant in form NC 14 or NC 15 or by a method approved by the court.
(3) The court, at any time, may dispense with a renunciation required by subrule (1) or (2).
(4) Renunciation under this rule does not by itself prevent a personal representative named in a will from applying for a grant of administration with will annexed.
Nominations
33(1) A person entitled to a grant of administration may nominate, in Form NC 16, a person to be the personal representative for the purpose of applying for a grant of administration.
(2) A person expressly authorized in a will to appoint a personal representative may nominate, in Form NC 16, a person to be the personal representative for the purpose of applying for a grant of administration or probate.
AR 130/95 s33;132/2000;306/2009
Grant of double probate
34(1) If all the personal representatives named in a will do not apply for a grant of probate at the same time, the personal representatives who do not apply
(a) must reserve their right to apply later by filing Form NC 13 at the time the initial grant of probate is applied for, and
(b) may apply by filing Forms NC 30 and NC 31 for a grant of double probate at any time after filing Form NC 13.
(2) A personal representative to whom subrule (1) applies who does not comply with subrule (1)(a) may not apply for a grant of double probate.
(3) An alternate personal representative named in a will may apply for a grant of double probate if it is necessary for the alternate personal representative to complete the administration of the estate.
(4) The original grant of probate must be surrendered with an application under this rule.
AR 130/95 s34;107/2004
Grant of re-sealed probate or re-sealed administration
35(1) An applicant may apply in accordance with rule 13(5) and (6) for an order resealing a foreign grant, as defined in section 29 of the Administration of Estates Act.
(2) An application under subrule (1) must show only the property and debts of the deceased in Alberta.
(3) A foreign grant is proof without more of the death of the person whose estate is dealt with in the grant and that
(a) the signing formalities of the foreign jurisdiction were observed and the will is the last will of the deceased, or
(b) the deceased left no will.
AR 130/95 s35;251/2001
Ancillary grant
36(1) An applicant may apply in accordance with rule 13(5) and (6) for an ancillary grant if
(a) part of the deceased’s property is in Alberta, but the deceased was not resident in Alberta at the time of death, and
(b) the deceased was a resident of a jurisdiction that is not listed in section 29(1)(a) of the Administration of Estates Act.
(2) An application under subrule (1) must show only the property and debts of the deceased in Alberta.
(3) A foreign grant is proof without more of the death of the person whose estate is dealt with in the grant and that
(a) the signing formalities of the foreign jurisdiction were observed and the will is the last will of the deceased, or
(b) the deceased left no will.
AR 130/95 s36;251/2001
Unadministered property
37(1) If a deceased was the personal representative of an intestate person, another person may apply for a grant of administration of the unadministered property of the intestate person.
(2) If a deceased was the personal representative of a testate person and the deceased did not appoint a personal representative for the deceased’s estate, another person may apply for a grant of administration with will annexed of the unadministered property of the testate person.
(3) If the personal representative of a testate person resigns and there is no alternate personal representative named in the will, another person may apply for a grant of administration with will annexed of the unadministered property of the testate person.
(4) An applicant under subrule (1), (2) or (3)
(a) subject to subrule (5), must file the same documents as those filed in the original application for a grant, and
(b) must file an affidavit attesting to the details of the original grant and to the death or resignation of the personal representative.
(5) An application under subrule (1), (2) or (3) must show only the description and value of the unadministered property on the date of the application.
(6) The original grant must be surrendered with an application under subrule (1), (2) or (3).
AR 130/95 s37;107/2004
Claimants
Notice to claimants
38(1) If a personal representative publishes a notice to claimants, the personal representative must do so in accordance with this rule and may use Form NC 34.
(2) A notice to claimants must be published in a newspaper
(a) that is published or circulated in the area where the deceased usually lived, or
(b) if the deceased did not usually live in Alberta, that is published or circulated in the area where a significant amount of the deceased’s property is situated.
(3) A notice to claimants must be published,
(a) in the case of an estate with a gross value of $100 000 or less, at least once, or
(b) in the case of an estate with a gross value of more than $100 000, at least twice with not less than 6 days between the publications.
AR 130/95 s38;135/96
Notice by claimant
39(1) A claimant must notify a personal representative of the claim not more than 30 days after the date on which the last notice is published under rule 38.
(2) A claimant who does not comply with subsection (1) may make a claim against an estate only with the prior consent of the court.
Verification of claims
40(1) If a personal representative has notice of a claim against the estate, the personal representative may require the claimant to verify the claim using a statutory declaration in Form NC 35.
(2) If a claimant does not give a value to any security held by the claimant wholly or partly to secure the claim, the personal representative may apply to the court for an order under section 40(6) of the Administration of Estates Act by filing a notice of motion in Form C1 and an affidavit in Form C2.
AR 130/95 s40;251/2001
Valuation of security
41(1) If a dispute arises between a personal representative and a claimant with respect to the value of security held wholly or partly by the claimant to secure any claim against the estate, the personal representative may apply to the court for an order under this rule.
(2) A personal representative must give 3 days’ notice of an application under subrule (1) to the claimant.
(3) On an application by the personal representative, the court may
(a) require the claimant to file a statutory declaration specifying the value of the security with the personal representative within the time limited by the order, and
(b) declare that the rights of the claimant against the estate in respect of the claim or the part of it that is secured are barred if the claimant does not comply with the order under clause (a).
(4) If a claim is secured, the personal representative may
(a) consent to the claimant’s ranking with other claimants for the amount of the claim after the value of the security specified in the declaration is deducted, or
(b) require an assignment of the security to the estate at the value specified in the declaration of the claimant.
(5) If an assignment is required under subrule (4), the difference between the value at which the security is assigned to the estate and the amount of the gross claim of the claimant is the amount for which the claimant ranks with other claimants.
(6) If the personal representative requires an assignment of a security under subrule (4), the claimant must assign the security to the estate after the claimant has received
(a) payment of the value of the security as specified in the declaration, and
(b) interest to the date of payment if the indebtedness bears interest.
(7) Nothing in this Part prejudices any of the rights or remedies of a secured claimant before the personal representative has given notice that an assignment of the security is required and payment is tendered in respect of that security.
(8) If the claim of a claimant is based on a negotiable instrument that is not mature or exigible and on which the deceased is indirectly or secondarily liable, the claim is secured for the purposes of this Part, and the claimant must give the value of the liability of the person primarily liable on the instrument as the claimant’s security for repayment of the claim.
(9) If, after the instrument referred to in subrule (8) matures, the liability is not paid by the person primarily liable, the claimant may amend and revalue the claim.
Contested claims
42 Part 2, Division 5 applies if a personal representative does not agree to all or part of a claim by a claimant against an estate.
Claims not yet payable
43(1) Rules 40, 41 and 42 apply to a claim that is not payable at the time a grant is issued in respect of the estate and for which, for that reason, an action for the recovery of the claim cannot be brought.
(2) If a claim to which subrule (1) applies is established, the claimant may take proceedings to enforce payment of it only with the consent of the court.
Duties of the Clerk
Fees
44 The clerk may charge fees in accordance with Schedule 2 for the performance of duties and services by the clerk under these Rules.
Applications
45 The clerk must
(a) number and date every application for a grant when it is filed,
(b) record the information in the appropriate court records,
(c) present all applications to the court for its order and direction, and
(d) send any rejection notice in Form NC 26 to the applicant.
Grants
46 The clerk must
(a) sign all grants and copies of any will forming part of or attached to a grant;
(b) issue all grants under the seal of the court;
(c) record all grants and copies of wills in the appropriate court records.
Retention of documents
47 The clerk must retain a sealed duplicate of all grants issued.
Copies of documents
48 Unless the court requires otherwise, the clerk, on payment of the required fee, must give copies of all documents filed in the court to any person who asks for them.
Clerk’s certificate
49 The clerk may issue a certificate in Form NC 49 that a grant or other document is in force.
Division 2
Administration of the Estates of Minors
Applications
50(1) A person may apply for a grant of trusteeship of the estate of a minor.
(2) An applicant for a grant under this Division must file the following forms:
(a) Form NC 43;
(b) Form NC 44.
(3) If the minor who is the subject of an application is 14 years of age or over, the applicant must file an election in Form NC 45.
Publication
51 The court may require a notice of intention to apply for trusteeship of the estate of a minor in Form NC 46 to be published at the time and in the manner ordered by the court.
Bonds
52(1) An applicant under this Division must provide a bond or other security that is satisfactory to the court unless the court dispenses with this requirement under subsection (4).
(2) The bond or other security must be in an amount equal to the estimated value of the property to which the order relates unless the court orders otherwise.
(3) Where the court requires a bond under subsection (1), the bond must be from an insurer licensed under the Insurance Act to undertake contracts of guarantee insurance as defined in section 1(1)(q) of the Classes of Insurance Regulation (AR 121/2001).
(4) The court may dispense with the requirement for a bond or other security where the court is of the opinion that it is in the minor's best interests to do so.
AR 130/95 s52;7/2005
Dispensing with bond
53 An applicant may apply to dispense with the requirement for a bond or other security by filing an affidavit in Form NC 47.
AR 130/95 s53;7/2005
Application of rules
54(1) This Division and rules 38 to 43, 55 to 70, 95 and 96 apply to an application for a grant of trusteeship of the estate of a minor and to the administration of the estate of a minor.
(2) Part 3, except rule 97(2), applies to the trustee of the estate of a minor.
Part 2
Contentious Matters
Division 1
General
Application
55(1) An application to the court may be made under this Part respecting any contentious matter.
(2) If applying a rule in this Division would lead to a conflict respecting the application of a rule in any other Division in this Part, the rule in the other Division applies and the rule in this Division does not.
Parties
56(1) If a personal representative is not joined as an applicant in an application under this Part, that personal representative must be shown as a respondent in documents filed with the court.
(2) The respondents in an application under this Part must be grouped in accordance with the classes set out in rule 57 in any documents filed with the court.
Persons interested in the estate
57 Subject to rule 78, the classes of persons who may be interested in a particular estate are the following:
(a) personal representatives;
(b) residuary beneficiaries;
(c) life tenants;
(d) specific beneficiaries who have not received their entitlement under the will;
(e) heirs on intestacy;
(f) trustees of dependent adults under the Dependent Adults Act;
(g) attorneys appointed under the Powers of Attorney Act;
(h) minors;
(i) missing persons;
(j) repealed AR 110/2001 s2;
(k) unpaid claimants;
(l) bonding companies;
(m) a group of persons with identical interests ordered to be a class by the court.
AR 130/95 s57;110/2001
Commencement of action
58 A person may commence an application under this Part by filing
(a) a notice of motion in Form C1, and
(b) an affidavit in Form C2.
Documents to be served
59(1) An applicant must serve copies of the documents required to be filed under these Rules or the Alberta Rules of Court (Alta. Reg. 390/68) on all the persons interested in the estate, if any.
(2) If a missing person as defined in the Public Trustee Act is a person interested in an estate, the applicant must serve the Public Trustee with notice of the application.
AR 130/95 s59;110/2001
Service
60(1) Service may be made on a person
(a) personally or by registered mail in the case of an originating document,
(b) by ordinary mail delivery or electronic transmission in the case of documents that are not originating documents,
(c) if documents filed in the matter give an address for service, at that address, or
(d) by serving a lawyer who is authorized to accept service on behalf of a person.
(2) Proof in Form NC 27 that a person has been served must be filed with the court.
AR 130/95 s60;110/2001
Notice
61 Notice of an application must be given
(a) to the personal representative 30 days before the hearing;
(b) to the Public Trustee 10 days before the hearing;
(c) to other persons interested in the estate, if they are residents of Alberta, 10 days before the hearing;
(d) to other persons interested in the estate, if they are not residents of Alberta, 30 days before the hearing.
Representation
62(1) At any time during the proceedings, the court may
(a) decide that certain parties form a class with identical interests whether or not they are also in a class referred to in rule 57,
(b) require that all the parties in a class be represented by the same lawyer,
(c) determine which parties may cross‑examine witnesses and make representations to the court,
(d) require 2 or more persons to be represented by different lawyers if they are represented by the same lawyer, or
(e) appoint a lawyer to represent an unrepresented person.
(2) One or more of the persons in a class may appoint a particular lawyer to represent them if they do not accept the lawyer appointed by the others in the class to represent the class.
(3) The costs of a lawyer appointed under subrule (2) may be paid from the estate only if the court specifically orders that the costs are to be paid from the estate.
Proceedings in chambers
63 All proceedings to which this Part applies must be before a justice in chambers unless the court or these Rules require otherwise.
AR 130/95 s63;53/2001
Procedure at hearing
64(1) The court, on hearing an application, may
(a) receive evidence by affidavit or orally;
(b) summarily dispose of the issues arising out of the application;
(c) direct a trial of issues arising out of the application;
(d) grant any relief to which the applicant is entitled because of a breach of trust, wilful default or other misconduct of a respondent;
(e) direct that notice of the court’s judgment or order be given to a particular person;
(f) dispense with service of notice on any person if, in the opinion of the court, service is impractical;
(g) subject to subrule (2), dispense with service of an order and order that a person is bound by the court’s order as if the person had received notice of it;
(h) order costs to be paid from the estate or by any person who is a party to the application;
(i) make any order that the court considers necessary in the circumstances.
(2) If service on a person is dispensed with under subrule (1) and an order is obtained by fraud or non-disclosure of material facts, that person is not bound by the order.
Standing
65 A person served with notice of an order may
(a) apply to vary, discharge or add to the order within 14 days after being served, and
(b) attend any proceedings in respect of the order.
Trial of an issue
66 If the court orders the trial of an issue, the court must order the procedure to be followed and the terms and conditions under which the trial is to take place.
Time limit
67(1) An applicant must not apply for an order requiring a personal representative to accept or refuse probate until at least 60 days after the date of the death of the testator.
(2) Despite subrule (1), an applicant may apply for an order requiring a personal representative to accept or refuse probate during the period referred to in subrule (1) if, in the opinion of the court, the circumstances warrant the granting of the order.
Production of testamentary documents
68 If an applicant applies for an order requiring the production of a testamentary document, the court may require a person by affidavit or by an appearance before the court,
(a) to explain why the document should not be produced and deposited with the clerk,
(b) to explain why the document cannot be produced,
(c) to give a statement that no testamentary document is or has been in the person’s possession or control, or
(d) to give any information the person has that is relevant to discovering the document’s present location.
Security for costs
69 The court may order security for costs to be posted by any party at any stage of the proceedings under this Division.
Time for completion
70 The court may set a time or times within which matters or proceedings respecting an estate under this Part must be completed.
Division 2
Proceedings on Caveats
Caveat against issue of grant
71(1) A person may file a caveat under the Administration of Estates Act in Form C3 against the issue or resealing of a grant.
(2) The clerk must send a copy of any caveat filed with respect to an estate to the applicant for a grant in respect of that estate.
(3) If a caveat expires or is withdrawn or removed, an application for a grant becomes a non‑contentious matter and must be continued under Part 1.
Warning to caveator
72 An applicant for a grant may file and serve on a caveator a warning in Form C4.
Objection to grant
73(1) A caveator may file a notice of objection in Form C9 to a grant being issued under Part 1 and serve it on the applicant not more than 10 days after the caveator is served with the warning.
(2) Despite subsection (1), a caveator may apply to the court for an order extending the time within which the caveator must file and serve a notice of objection.
(3) If a caveator files and serves a notice of objection within the time allowed, the application must be continued under Division 3.
(4) If a caveator does not file and serve a notice of objection within the time allowed, the clerk must remove the caveat and the application for a grant must be continued under Part 1.
Frivolous or vexatious caveat
74(1) Despite rule 73, if a caveator files and serves a notice of objection to an informal grant, the applicant may apply for an order that the caveat is frivolous or vexatious and that the caveat be removed.
(2) If the court determines that a caveat is frivolous or vexatious, the court may order that the caveat be removed and award costs against the caveator.
(3) If the court determines that a caveat is not frivolous or vexatious, the application for a grant must be continued under Division 3.
(4) If the court determines that a caveat is not frivolous or vexatious but that it should be removed in the circumstances of the estate, the court may order that the caveat be removed.
Division 3
Formal Proof of a Will
Applications
75(1) A personal representative or a person interested in the estate may apply to the court
(a) to obtain formal proof of a will, whether or not an application for a grant has been made under Part 1;
(b) to set aside a grant issued under Part 1 and require formal proof of the will;
(c) to prevent the issue of a grant under Part 1 and require formal proof of a will;
(d) to obtain an order that the deceased died intestate;
(e) to request the appointment of a personal representative;
(f) to request the appointment of a personal representative other than the one appointed by a grant issued under Part 1;
(g) to restrain a personal representative from exercising any powers during an application under this subrule;
(h) to appoint a special personal representative to conduct an application under this subrule.
(2) The court may order a person to apply for an order under subrule (1).
(3) An application under subrule (1) operates to stay proceedings under an application under Part 1.
(4) If an application under subrule (1) is filed, a personal representative appointed by a grant issued under Part 1 must not distribute any of the property of the estate unless
(a) the court approves the distribution, or
(b) all persons interested in the estate consent to the distribution.
(5) Subject to subrule (4), if an application is filed to appoint a personal representative under this Part and to restrain a personal representative appointed by a grant issued under Part 1 from acting, the personal representative appointed by the grant issued under Part 1 must not exercise any of the powers of a personal representative during the application for formal proof of the will without the consent of the court.
Original will lost or destroyed
76 If an original will is lost or destroyed, a person interested in the estate must apply for an order under rule 75 unless
(a) the applicant shows to the satisfaction of the court that section 40 of the Alberta Evidence Act applies, or
(b) the court orders otherwise.
AR 130/95 s76;251/2001
Required documents
77(1) A person may commence an application under this Division by filing the following and serving them on the persons interested in the estate:
(a) if the application is made by a personal representative,
(i) Form C5;
(ii) Form C6;
(iii) Form C8;
(b) if the application is made by a person interested in the estate, a notice of objection in Form C9;
(c) if the application is ordered by the court, direction by the court that the will be formally proved.
(2) If a court file has already been opened for the estate, the clerk must record all of the documents under subrule (1) in the existing file.
(3) If there is no court file, the documents under subrule (1)(a) and (b) are originating documents and the clerk must open a court file.
(4) If an application under this Division is not contested or opposed, the court may make an order under this Division based on the documents filed without requiring more.
Persons interested in the estate
78 Despite rule 57, the classes of persons interested in an estate who may apply for an order under rule 75 are the following:
(a) surviving spouse or surviving adult interdependent partner;
(b) adult children;
(c) Public Trustee or any other person representing minors;
(d) trustees of dependent adults under the Dependent Adults Act;
(e) attorneys appointed under the Powers of Attorney Act;
(f) Public Trustee when representing missing persons;
(g) heirs on intestacy;
(h) personal representatives and beneficiaries in any will in respect of which an application is made under these Rules;
(i) personal representatives appointed under a prior grant issued in respect of the will;
(j) the alleged deceased if the fact of death is an issue.
AR 130/95 s78;110/2001;201/2003
Action commenced by a person interested in the estate
79(1) If a person interested in an estate files an application under this Division, a personal representative named in the will may
(a) file the documents referred to in rule 77(1)(a);
(b) renounce all right to be the personal representative of the estate if the personal representative has not intermeddled in the estate;
(c) apply to be discharged;
(d) apply for an order that the application is frivolous or vexatious.
(2) An application under this Division or under Part 1 is not by itself intermeddling in the estate.
Special applications
80(1) If a personal representative renounces all rights or does not respond to a notice of objection in Form C9, a person interested in the estate may apply to the court for directions on how to proceed.
(2) The court may appoint a personal representative to administer the estate and conduct proceedings under this Division until a grant is issued.
Order requiring formal probate
81(1) The court may require formal proof of a will with respect to which an application is made under Part 1 whether before or after a grant is issued.
(2) An order referred to in subrule (1) must give the reasons for requiring formal proof of the will.
(3) If an order is made under subrule (1), the personal representative or applicant, as the case may be, must file the documents required under rule 77(1)(a).
Parties
82 If a personal representative renounces or fails to respond to a notice of objection in Form C9, the person filing the notice of objection is the applicant in any application to the court for further directions.
Trial
83(1) The hearing in an application for formal proof of a will under this Division must be in the form of a trial before the court and must not be held in chambers,
(a) if several witnesses are necessary in the opinion of the court, or
(b) if the court orders a trial.
(2) If the hearing is a trial, the applicant must apply to the court in chambers for directions on the procedure to be followed at the trial.
(3) The court on application under subrule (2) may
(a) set the procedure to be followed at the trial, including
(i) giving directions on pre-trial discovery and examinations,
(ii) ordering the discovery of documents,
(iii) stating the parties and their roles,
(iv) ordering the representation of parties, or
(v) dispensing with pre-trial procedures and sending the matter straight to trial,
or
(b) despite subrule (1), order a hearing in chambers on affidavit or oral evidence or both respecting certain issues.
AR 130/95 s85;107/2004
Hearing in chambers
84(1) Despite rule 83, the hearing of an application for formal proof of a will under this Division must be in chambers if the only issue is proof of the death of the testator or proving the signing of the will or both.
(2) In subrule (1), “proving the signing of the will” means
(a) proving the fact of the testator’s signature and handwriting,
(b) proving the fact of the witnesses’ signatures, presence and qualifications, or
(c) proving that the signing of the will complied with the Wills Act.
AR 130/95 s83;107/2004
Evidence
85(1) Evidence at a hearing in chambers referred to in rule 84 may be given by affidavit or orally or both.
(2) Any person who took instructions for the preparation of the will is compellable as a witness and subject to pre‑trial discovery of documents and oral examinations for discovery respecting
(a) the circumstances of that person’s involvement in the preparation of the will and of any lawyer’s retainer,
(b) the instructions given by the testator,
(c) the preparation of the will or the circumstances of its signing, or
(d) any steps taken to ascertain or record by any means the testator’s capacity or the witness’s or lawyer’s opinion concerning that capacity.
AR 130/95 s84;132/2000;107/2004
Order of decisions
86 The court must do the following on an application for formal proof of a will:
(a) if several wills of the deceased are in issue, consider each will in turn in the order in which they were made, beginning with the most recent;
(b) as soon as the court admits to probate one or more wills that dispose of all of the property of the deceased, consider no further wills;
(c) if the wills admitted to probate do not dispose of all of the property of the deceased, consider whether an intestacy exists;
(d) if a will is opposed and an application for a declaration of intestacy is made, decide whether the will should be admitted to probate.
Order of proceedings
87 In an application for formal proof of a will under this Division,
(a) the proponent of the will must be heard first and must present evidence concerning the proof of death, proof of the signing of the will and the capacity of the deceased, and
(b) the contestant must be heard next.
Other proceedings
88 An application for formal proof of a will may be combined with another application to the court concerning the same estate.
Witness fees
89 Any person who appears as a witness at a hearing under this Division
(a) is entitled to an appearance fee in the amount required to be paid to witnesses in civil cases, and
(b) may be given a preparation fee and any additional fees in amounts specified by the court.
Powers of the court
90 On an application under this Division the court may
(a) determine the fact of death;
(b) determine whether the deceased died testate or intestate;
(c) determine which will of the deceased, if any, to admit to probate;
(d) determine the heirs of a deceased on intestacy;
(e) terminate any grant issued under Part 1 appointing a personal representative;
(f) terminate the appointment of a personal representative who was appointed to make an application for formal proof of a will;
(g) issue any grant referred to in rule 10;
(h) direct the payment of costs, including penalizing any person who required formal proof of the will if it became clear during the proceedings that
(i) the application was frivolous or vexatious,
(ii) the person caused undue delay, or
(iii) the person had no substantial basis for requiring the scrutiny of the court;
(i) determine any other matter that the court considers relevant or that is incidental to the application.
Order final
91(1) Subject to subrule (2), in the absence of fraud and even if a will is discovered after the court makes a decision under rule 86, a grant issued under rule 90 based on that decision is binding on all persons.
(2) A person referred to in rule 78 who was not served with notice of proceedings under this Division may apply for an order under this Division in respect of a testamentary instrument that has not been considered by the court in a prior application under this Division.
Appeal
92 Despite rule 91, an appeal lies to the Court of Appeal from the whole or any part of an order under this Division.
Return and revocation of informal grant
93(1) If an application is made under rule 75 for formal proof of a will, a personal representative who has been appointed by a grant issued under Part 1 must return the grant to the court unless the court orders otherwise.
(2) If a personal representative does not return a grant, the court may issue an order requiring delivery of the grant to the clerk.
(3) If the court revokes a grant after proceedings for formal proof of a will are concluded, the clerk must endorse the following on the grant:
Revoked by Order
of M Justice
on
(Clerk of the Court) (seal)
AR 130/95 s93;53/2001
Division 4
Proof of Death
Proof of death
94(1) The court may permit a person to swear to the death of another person if there is no direct evidence of the death but there is evidence from which the death can be presumed.
(2) An application for permission to swear to the death of a person may be made
(a) in Forms C1 and C2, and
(b) without notice or on the notice the court orders.
(3) The court may declare that the death of a person is proven or presumed if the court is satisfied with the evidence and the form of the evidence presented to the court.
(4) A declaration of presumption of death made by the court must contain particulars of the following information to the extent that those particulars have been established to the satisfaction of the court:
(a) the full name of the person presumed dead, including the person’s maiden or married name, where applicable;
(b) the sex of the person presumed dead;
(c) the place where the death is presumed to have occurred;
(d) the date on which the death is presumed to have occurred.
AR 130/95 s94;209/2007
Division 5
Claims on an Estate
Contested claim
95 If a personal representative does not agree with all or part of the claim of a claimant against the estate, the personal representative must serve the claimant with a notice of contestation in Form C11.
Application to court
96(1) A claimant whose claim is contested may apply to the court for an order allowing the claim and setting the amount by filing a notice of claim with affidavit in Form C12 and serving it on the personal representative.
(2) A claimant must make an application under subrule (1) within 60 days of receiving the notice of contestation under rule 95.
(3) The court may waive the time limit in subrule (2) if
(a) the claimant applies to the court for an extension of time before the expiration of the 60 days, and
(b) the application is heard not more than 3 months after the last day of the original 60-day period.
Part 3
Accounting
Division 1
General
Requirement for an accounting
97(1) A personal representative must give an accounting of the administration of the estate at regular intervals
(a) by preparing financial statements showing the property and money received and the property distributed and the money paid out respecting the administration of the estate, and
(b) by giving the financial statements to the beneficiaries.
(2) Unless the court orders a longer or shorter period, a personal representative must give an accounting of the administration of the estate every 2 years after the date of death or the date of the end of the latest period for which an accounting is given.
(3) The court may require, or a person interested in the estate may apply to the court for an order requiring, the personal representative to give an accounting of the administration of the estate at any time.
(4) A beneficiary of only a specific gift under a will
(a) is entitled to an accounting that is in respect of only that gift, and
(b) who has received that gift may not apply for an order under subrule (3).
Contents of financial statements
98(1) The financial statements respecting an estate must include the following:
(a) an inventory of property and debts at the beginning and end of the accounting period;
(b) a statement of all property and money received during the accounting period showing whether it is capital or income;
(c) a statement of all property distributed and money paid out during the accounting period showing whether it is capital or income;
(d) a statement of all changes to property made and all debts of the estate paid or incurred by the personal representative during the accounting period;
(e) a statement of all expenses incurred or paid during the accounting period;
(f) in the case of a final passing of accounts, a statement of anticipated receipts and disbursements;
(g) a reconciliation, where necessary, showing the items required to balance the opening net value of the estate with the closing net value of the estate;
(h) a distribution schedule, including interim distributions and the proposed final distribution, if appropriate;
(i) a proposed compensation schedule for the personal representative showing the basis on which it is calculated and its allocation to income or capital.
(2) The financial statements may be separate or combined as long as they can be followed clearly.
(3) The financial statements may be in any format, and each entry may be numbered consecutively.
(4) If the will or other trust instrument specifies separate capital and income interests, the financial statements must distinguish entries respecting capital from entries respecting income.
(5) The court, at any time, may require further financial statements or more particulars with respect to the financial statements presented.
AR 130/95 s98;132/2000
Acceptable documentation
99 The following documentation is sufficient to confirm ownership by the estate of the property referred to:
(a) in the case of publicly traded securities and commercial paper,
(i) a certificate, or
(ii) a letter from a dealer registered under the Securities Act, a bank or a trust corporation, whether registered under the Loan and Trust Corporations Act or not, carrying on business in any jurisdiction in Canada stating that the dealer, bank or trust corporation is holding securities for the estate, either by having them in its possession, through a securities depository or by some other means that is in accordance with current practice in the industry;
(b) in the case of private company shares,
(i) a certificate, or
(ii) a letter from a duly authorized officer of the company or from the company’s lawyer confirming the holding;
(c) in the case of bank balances, cash, term deposits, treasury bills, annuities, pensions, retirement plans, royalty trusts, and similar property,
(i) a certificate or statement of account, or
(ii) a letter from a financial institution stating that the financial institution is holding property for the estate, either by having it in its possession, through a securities depository, or by some other means that is in accordance with current practice in the industry;
(d) in the case of household goods and personal effects,
(i) a letter or bill of lading from any depository where the goods or effects are stored, or
(ii) an inventory, the accuracy of which is attested to by the personal representative, indicating possession of the goods or effects on behalf of the estate;
(e) in the case of real property, a current certified copy of the certificate of title.
Division 2
Releases
Releases
100(1) A personal representative may, on the presentation of accounts to the residuary beneficiaries, obtain releases in Form ACC 12 from the residuary beneficiaries.
(2) The releases obtained under subrule (1) need not be filed.
Effect of release
101 A personal representative may rely on a release for confirmation that, in the opinion of the residuary beneficiary giving the release,
(a) the accounting in respect of the estate presented to the beneficiary is satisfactory;
(b) the personal representative may be compensated as set out in the statement of compensation included in the financial statements;
(c) the personal representative may distribute the estate in accordance with the statement of distribution included in the financial statements.
Bond
102 Releases obtained under rule 100 do not constitute the cancellation of a bond.
Division 3
Dispensing with Formal Passing
of Accounts
Dispensing with passing accounts
103(1) A personal representative may apply for an order dispensing with the formal passing of the accounts and passing the accounts informally by filing the following and serving copies on the persons interested in the estate who have not given releases:
(a) Form ACC 10;
(b) Form ACC 11;
(c) the financial statements;
(d) repealed AR 306/2009 s4.
(2) A personal representative need not serve a beneficiary from whom the personal representative has received a signed release under rule 100.
AR 130/95 s103;306/2009
Proceeding without notice
104 If no notice of objection is filed by a person interested in the estate or if all residuary beneficiaries have signed releases, an application under rule 103 may proceed without notice to any other person.
Court order
105 Even if all the residuary beneficiaries have signed releases, the court
(a) must be satisfied with all the required documentation respecting the estate whether or not all the residuary beneficiaries have signed releases;
(b) may make the order applied for;
(c) may do anything it may do under rule 113.
Objection
106(1) If any person interested in the estate objects to an application under this Division, that person must file and serve a notice of objection in Form ACC 3 in accordance with rule 114.
(2) If a notice of objection is filed, the court must hold a hearing under Division 4 on the matter.
Division 4
Passing Accounts
Required forms
107(1) A personal representative may apply for an order formally passing accounts by filing the following and serving copies on the persons interested in the estate who have not given releases
(a) Form ACC 1;
(b) Form ACC 2;
(c) the financial statements;
(d) repealed AR 306/2009 s5;
(e) any notice of objection in Form ACC 3.
(2) The personal representative must serve the notice of hearing attached to Form ACC 1 not less than 30 days before the hearing.
AR 130/95 s107;306/2009
Application by person interested in estate
108(1) A person interested in an estate may apply for an order requiring the formal passing of accounts by filing the following and serving copies on the personal representative:
(a) Form ACC 6;
(b) Form ACC 7.
(2) An applicant must serve the notice of hearing attached to Form ACC 6 not less than 30 days before the hearing.
(3) In an application by a person interested in an estate that accounts be formally passed, the person interested in the estate is the applicant and the personal representative is one class of respondent.
Reply
109(1) A personal representative who is served with notice under rule 108 must file and serve a reply in Form ACC 8 not less than 10 days before any scheduled hearing on the applicant and all persons interested in the estate who have not given releases.
(2) In a reply, the personal representative may
(a) give an accounting to the applicant and other parties if one has not been given before that time,
(b) object to the application that accounts be formally passed, or
(c) consent to the application that accounts be formally passed.
Withdrawal
110 If a personal representative gives an accounting pursuant to rule 109(2)(a) that satisfies the applicant, the applicant must withdraw the application by giving a letter to that effect to the clerk and serving a copy of the letter on any of those who were served with notice of the application.
Objection
111 If the personal representative objects pursuant to rule 109(2)(b) to an application for an order requiring the formal passing of accounts, the personal representative must file an affidavit in Form ACC 9 and serve it not less than 10 days before the scheduled hearing on the applicant and the persons interested in the estate who have not given releases.
Consent to an accounting
112(1) If a personal representative consents under rule 109(2)(c) to an application, the personal representative
(a) must adjourn any scheduled hearing and set a new date for a hearing in accordance with subrule (2), and
(b) must serve the documents in rule 107(1) and the notice of hearing not more than 60 days after serving a reply under rule 109 on the persons interested in the estate who have not given releases.
(2) The new date set under subrule (1) must occur on the earlier of
(a) a day that is not more than 40 days after the day on which the documents are served under subrule (1), and
(b) a day that is not more than 120 days after the personal representative is served under rule 108(1).
Powers of court
113(1) The court may
(a) set a date for a hearing and direct that notice of the hearing be served on the persons specified by the court within the periods specified despite the time limits for service in rules 107, 108 and 112;
(b) direct a formal passing of one or more or all entries;
(c) reject the application;
(d) dispense with a formal passing and pass the accounts on an informal basis;
(e) make any other determination that the court considers appropriate.
(2) At a hearing to pass interim or final accounts, the court may
(a) pass the accounts;
(b) vary or amend the financial statements;
(c) set the compensation for the personal representative and give any directions in that respect;
(d) decide any matters in dispute summarily;
(e) order the trial of any matter in dispute, set the procedure the parties must follow and set time limits if it is appropriate;
(f) appoint a person to assist the court in determining any matters on which the court requires further clarification or explanation;
(g) direct the payment of debts or charges;
(h) confirm the beneficiaries and their several interests and direct distribution of the estate to them;
(i) direct the substitution for or the reduction or cancellation of any bond;
(j) direct payment to the Public Trustee or any other trustee of any money to which a minor or missing person is entitled;
(k) allow and direct payment of costs;
(l) generally dispose of all matters incidental to the administration of the estate to a date to be stated in the order.
(3) If the court makes an order referred to in subrule (2)(f), the order must not include an examination of maintenance payments ordered by the Provincial Court or the Court of Queen’s Bench other than to determine whether or not the payments have been made.
(4) On a final passing of accounts, the court, in addition to the powers referred to in subrule (2), may
(a) discharge a personal representative who is an administrator;
(b) determine whether a personal representative who is an executor has fully and satisfactorily accounted to a date to be stated in the order;
(c) make any other order that the court considers appropriate.
AR 130/95 s113;110/2001
Notice of objection
114(1) In any proceedings under Division 3 or this Division, if a person interested in the estate objects to financial statements or part of them, the person must file a notice of objection in Form ACC 3 with the court and serve a copy of it on the personal representative and all persons interested in the estate not less than 20 days before the scheduled hearing.
(2) In a notice of objection, the objecting person
(a) must give particulars of the objection in Form ACC 3,
(b) if there is an objection to an entry in the financial statements, must indicate the entry objected to by its number, and
(c) if there is an objection to the manner in which the personal representative has administered the estate, must state the objection.
(3) A person who does not file and serve a notice of objection may only make representations at the scheduled hearing with the permission of the court.
(4) If a person does not appear at the scheduled hearing and has not filed and served a notice of objection as required, that person is deemed to have consented to the administration of the estate as recorded in the financial statements.
Examination of accounts by an accountant
115(1) The court, at any time and whether at a hearing or not, may order one or more entries in the financial statements of a personal representative to be examined by an accountant.
(2) An accountant referred to in subrule (1) must be a chartered accountant, a certified general accountant or a certified management accountant.
(3) The court must determine the nature, scope and extent of the accountant’s examination.
(4) The terms of the accountant’s appointment may be in Form ACC 4.
(5) An accountant’s fees, disbursements and other charges are payable out of the residue of the estate unless otherwise ordered by the court.
Access to records
116 A personal representative and any other person having knowledge or possession of documents relating to the administration of an estate must make all records and other pertinent documents available to an accountant appointed under rule 115 and must co-operate fully with the accountant.
Report
117(1) At the end of the examination, an accountant appointed under rule 115 must file a report in Form ACC 5 and serve a copy of the report by ordinary mail on the personal representative and on the persons interested in the estate.
(2) The court may require the accountant to appear at any hearing and give any further explanations the court needs in order to pass the accounts.
Part 4
Dependent Adults
Application of Part
118(1) This Part applies to the administration of the estate of a dependent adult pursuant to a trusteeship order.
(2) Words used in this Part have the meaning given to them under the Dependent Adults Act.
AR 130/95 s118;238/99
Contents of financial statements
119(1) The accounts filed by a trustee respecting an estate must be in the form of financial statements that include the following:
(a) an inventory of property and debts at the beginning and end of the accounting period using Form DA 5;
(b) a statement of all property and money received during the accounting period;
(c) a statement of all property distributed and money paid out during the accounting period;
(d) an indication of all changes to property and all debts of the estate paid or incurred during the accounting period;
(e) a statement of all expenses incurred or paid during the accounting period using Form DA 5;
(f) in the case of a final passing of accounts, a statement of anticipated receipts and disbursements;
(g) a reconciliation, where necessary, showing the items required to balance the opening net value of the estate with the closing net value of the estate;
(h) a proposed compensation schedule for the trustee showing the basis on which it is calculated;
(i) any personal benefit received by the trustee or members of the trustee’s family;
(j) any personal use of the dependent’s property by the trustee or the trustee’s family.
(2) The financial statements may be separate or combined as long as they can be followed clearly.
(3) The financial statements may be in any format, but each entry must be numbered consecutively.
(4) The court, at any time, may require further financial statements or more particulars with respect to the financial statements presented.
AR 130/95 s119;132/2000
Acceptable documentation
120 The following documentation is sufficient to confirm ownership by the estate of the property referred to:
(a) in the case of publicly traded securities and commercial paper,
(i) a certificate, or
(ii) a letter from a dealer registered under the Securities Act, a bank or a trust corporation, whether registered under the Loan and Trust Corporations Act or not, carrying on business in any jurisdiction in Canada stating that the dealer, bank or trust corporation is holding securities for the estate, either by having them in its possession, through a securities depository or by some other means that is in accordance with current practice in the industry;
(b) in the case of private company shares,
(i) a certificate, or
(ii) a letter from a duly authorized officer of the company or from the company’s lawyer confirming the holding;
(c) in the case of bank balances, cash, term deposits, treasury bills, annuities, pensions, retirement plans, royalty trust and similar property,
(i) a certificate or statement of account, or
(ii) a letter from a financial institution stating that the financial institution is holding property for the estate, either by having it in its possession, through a securities depository, or by some other means that is in accordance with current practice in the industry;
(d) in the case of household goods and personal effects,
(i) a letter or bill of lading from any depository where the goods or effects are stored, or
(ii) an inventory, the accuracy of which is attested to by the trustee, indicating possession of the goods or effects on behalf of the estate;
(e) in the case of real property, a current certified copy of the certificate of title.
Required forms
121(1) A trustee may apply for an order passing the accounts by filing the following and serving copies on any interested persons who have not signed an approval and consent form:
(a) an application for an order passing the accounts in Form DA 1;
(b) an affidavit in Form DA 2;
(c) the financial statements;
(d) all signed approval and consent forms in Form DA 12.
(2) The trustee must serve the notice of hearing attached to Form DA 1 not less than 10 days before the hearing.
(3) Where any date fixed for a hearing under this Division is adjourned for any reason, adequate notice of the rescheduled hearing must be given to any interested persons.
(4) For the purposes of this Part, an approval and consent form may be in Form DA 12.
Application by an interested person
122(1) An interested person may apply for an order that a trustee bring in and pass the accounts or file an inventory by filing the following and serving copies on the trustee and any interested persons:
(a) an application that the trustee pass the accounts or file an inventory in Form DA 6;
(b) an affidavit in Form DA 7.
(2) The applicant must serve the notice of hearing attached to Form DA 6 not less than 30 days before the hearing.
Parties
123 In an application by an interested person that the trustee pass the accounts or file an inventory, the interested person is the applicant and the trustee is the respondent.
Reply
124(1) A trustee who is served with notice under rule 122 must file and serve a reply in Form DA 8 on the applicant and any interested persons not less than 10 days before any scheduled hearing.
(2) In a reply, the trustee may
(a) agree to give and give an accounting or inventory to the applicant and any interested persons if one has not been given before that time,
(b) object to the application that accounts be passed,
(c) object to the application that an inventory be filed,
(d) consent to the application that accounts be passed, or
(e) consent to the application that an inventory be filed.
Accounting given
125 Where the trustee has given an accounting under rule 124(2)(a) that satisfies the applicant, the applicant must withdraw the application by filing a letter to that effect with the clerk and serving a copy of the letter on all those who were served with notice of the application.
Objection to accounting formally
126 If the trustee objects under rule 124(2)(b) or (c) to an application, the trustee must file an affidavit in Form DA 9 and serve it on the applicant and any interested persons not less than 10 days before the scheduled hearing.
Consent to accounting formally or filing inventory
127(1) If a trustee consents under rule 124(2)(d) or (e) to an application, the trustee
(a) must adjourn any scheduled hearing and set a new date for a hearing in accordance with subrule (2), and
(b) must serve the documents in rule 121(1) on the applicant and any interested persons not more than 60 days after serving the reply.
(2) The new date set under subrule (1) must occur on the earlier of
(a) a day that is not more than 40 days after the day on which the documents are served under subrule (1), and
(b) a day that is not more than 120 days after the trustee is served under rule 122(1).
Powers of court
128(1) The court may
(a) set a date for a hearing and direct that notice of the hearing be served on the persons specified by the court within the periods specified despite the time limits for service in rules 121, 122 and 127;
(b) reject the application;
(c) make any other determination that the court considers appropriate.
(2) At a hearing to pass interim or final accounts, the court may
(a) pass the accounts;
(b) vary or amend the financial statements;
(c) set the compensation for the trustee and give any directions in that respect;
(d) decide any matters in dispute summarily;
(e) order the trial of any matter in dispute, set the procedure the parties must follow and set time limits if it is appropriate;
(f) appoint a person to assist the court in determining any matters on which the court requires further clarification or explanation;
(g) direct the payment of debts or charges;
(h) direct the substitution for or the reduction or cancellation of any bond;
(i) allow and direct payment of costs;
(j) generally dispose of all matters incidental to the administration of the estate to a date to be stated in the order.
(3) If the court makes an order referred to in subrule (2)(f), the order must not include an examination of maintenance payments ordered by the Provincial Court or the Court of Queen’s Bench other than to determine whether or not the payments have been made.
(4) On a final passing of accounts, the court, in addition to the powers referred to in subrule (2), may
(a) discharge a trustee;
(b) make any other order that the court considers appropriate.
Reference to Public Trustee
129(1) The court, on notice to the Public Trustee, at any time and whether at a hearing or not, may refer one or more entries in the financial statements of a trustee to the Public Trustee in accordance with the Public Trustee Act to determine whether any expenditure is appropriate.
(2) The Public Trustee’s fees, disbursements and other charges are payable from the estate unless otherwise ordered by the court.
AR 130/95 s129;132/2000
Examination of accounts by an accountant
130(1) The court, at any time and whether at a hearing or not, may order one or more entries in the financial statements of a trustee to be examined by an accountant.
(2) An accountant referred to in subrule (1) must be a chartered accountant, a certified general accountant or a certified management accountant.
(3) The court must determine the nature, scope and extent of the accountant’s examination.
(4) The terms of the accountant’s appointment may be in Form DA 3.
(5) An accountant’s fees, disbursements and other charges are payable from the estate unless otherwise ordered by the court.
Access to records
131 A trustee and any other person having knowledge or possession of documents relating to the administration of an estate must make all records and other pertinent documents available to the Public Trustee or an accountant appointed under rule 130 and must co-operate fully with the Public Trustee and the accountant.
Report
132(1) At the end of the examination, the Public Trustee or an accountant appointed under rule 130 must file a report by letter in the case of the Public Trustee or in Form DA 4 in the case of an accountant with the court and serve a copy of the report by ordinary mail on the trustee and on any interested persons.
(2) The court may require the Public Trustee or accountant to appear at any hearing and give any further explanations the court needs in order to pass the accounts.
Approving and dispensing with passing accounts
133(1) A trustee may apply for an order approving the accounts or dispensing with passing the accounts for a period of not more than 4 years by filing the following and serving copies on the persons interested in the estate who have not signed an approval and consent form:
(a) Form DA 10;
(b) Form DA 11;
(c) the financial statements;
(d) all signed approvals and consent forms.
(2) A trustee need not serve an interested person from whom the trustee has received a signed approval and consent form.
Proceeding without notice
134 If all interested persons have signed approval and consent forms, an application under rule 133 may proceed without notice to any other person.
Court order
135 If all the interested persons have signed approval and consent forms, the court
(a) must be satisfied with all the required documentation respecting the estate whether or not all the interested persons have signed approval and consent forms;
(b) may make the order applied for;
(c) may do anything it may do under rule 128.
Public Trustee
136(1) If the Public Trustee is the trustee, the Public Trustee must submit the accounts for approval by filing the following and serving copies on any interested persons who have not signed an approval and consent form:
(a) Form DA 16;
(b) Form DA 17;
(c) the financial and compensation statements;
(d) all signed approval and consents forms.
(2) The Public Trustee must serve any interested persons with notice of the hearing attached to Form DA 16 not less than 10 days before the hearing.
(3) If the court so orders, the Public Trustee must bring in and pass accounts in accordance with rule 121.
Part 5
Transitional, Repeal and Commencement
137 to 140 Repealed AR 132/2000 s10.
Schedule 1
Legal and Personal
Representative
Compensation
Definitions
1 For the purpose of this Schedule,
(a) “core legal services” are the legal services listed in Table 1 of Part 2 normally rendered by a lawyer for the personal representatives in connection with the administration of an estate;
(b) “non‑core legal services” are legal services listed in Part 2 Table 2 rendered by a lawyer for the personal representatives that are in addition to the core legal services required in the administration of an estate;
(c) “personal representatives’ duties” are the tasks listed in the Table in Part 1 normally required to be performed by a personal representative in the administration of an estate;
(d) “time of distribution” means
(i) when the estate property is distributable to the beneficiaries immediately on the death of the deceased, the time when distribution to the beneficiaries is complete,
(ii) the time when the transfer of a minor’s property to the minor’s trustees is complete, or
(iii) when the estate property is not all distributable to the beneficiaries immediately on the death of the deceased because trusts delay the final distribution, the time when distribution of immediately distributable property to the beneficiaries is complete, and transfer of the trust property to the trustees is complete.
Part 1
Personal Representatives’ Compensation
Determination
1(1) Personal representatives may receive fair and reasonable compensation for their responsibility in administering an estate by performing the personal representatives’ duties.
(2) Compensation paid to a personal representative is for all the services performed by the personal representative to complete the administration of the estate including distribution of the estate and the conclusion of any trusts.
(3) A personal representative may receive compensation for the care and management of property in an estate only if
(a) there is no outright distribution of that estate property at the date of death, and
(b) the trust is not varied by agreement among the affected beneficiaries or by the court.
Factors to be considered
2 The following factors are relevant when determining the compensation charged by or allowed to personal representatives:
(a) the gross value of the estate;
(b) the amount of revenue receipts and disbursements;
(c) the complexity of the work involved and whether any difficult or unusual questions were raised;
(d) the amount of skill, labour, responsibility, technological support and specialized knowledge required;
(e) the time expended;
(f) the number and complexity of tasks delegated to others;
(g) the number of personal representatives appointed in the will, if any.
Additional compensation
3 Additional compensation may be allowed when personal representatives
(a) are called upon to perform additional roles in order to administer the estate, such as exercising the powers of a manager or director of a company or business,
(b) encounter unusual difficulties or situations, or
(c) must instruct on litigation.
Compensation fixed in will
4 If the compensation payable to the personal representative is fixed in a will, no greater amount can be charged or allowed unless the fixed amount is varied by agreement among the affected beneficiaries or by order of the court.
Compensation to be shared
5 The compensation once determined must be shared among the personal representatives in proportions agreed to among the personal representatives or as ordered by the court.
Pre‑taking compensation
6(1) Personal representatives may be paid compensation before completing the administration of the estate if
(a) the will provides for it,
(b) all the affected beneficiaries agree to it, or
(c) the court orders it.
(2) If all or any part of the amount of compensation paid to a personal representative under subrule (1) is later reduced by the court, the personal representative must repay the disallowed amount immediately to the estate with interest at a rate and for a period set by the court.
Lawyer performs personal representatives’ work
7 If a lawyer or other agent performs some or all of the duties of the personal representative, the amount payable to the personal representative must be reduced commensurately.
Schedule on accounting
8 If a personal representative is required to give the beneficiary of an estate an accounting in which compensation to the personal representative is shown, the personal representative must give the beneficiary a copy of this Part.
Expenses
9 Personal representatives are entitled to reimbursement for expenses properly incurred by them in the administration of the estate, including the following:
(a) expenses reasonably incurred by the personal representatives in carrying out their duties;
(b) fees or commissions to agents, including lawyers, accountants, real estate agents, securities brokers, investment advisors, appraisers, auctioneers and other professionals, engaged to perform estate administration services or to buy or sell estate property.
Table
Personal Representatives’ Duties
1 Making arrangements for the disposition of the body and for funeral, memorial or other similar services.
2 Determining the names and addresses of those beneficially entitled to the estate property and notifying them of their interests.
3 Arranging with a bank, trust company or other financial institution for a list of the contents of a safety deposit box.
4 Determining the full nature and value of property and debts of the deceased as at the date of death and compiling a list, including the value of all land and buildings and a summary of outstanding mortgages, leases and other encumbrances.
5 Examining existing insurance policies, advising insurance companies of the death and placing additional insurance, if necessary.
6 Protecting or securing the safety of any estate property.
7 Providing for the protection and supervision of vacant land and buildings.
8 Arranging for the proper management of the estate property, including continuing business operations, taking control of property and selling property.
9 Retaining a lawyer to advise on the administration of the estate, to apply for a grant from the court or to bring any matter before the court.
10 Applying for any pensions, annuities, death benefits, life insurance or other benefits payable to the estate.
11 Advising any joint tenancy beneficiaries of the death of the deceased.
12 Advising any designated beneficiaries of their interests under life insurance or other property passing outside the will.
13 Arranging for the payment of debts and expenses owed by the deceased and the estate.
14 Determining whether to advertise for claimants, checking all claims and making payments as funds become available.
15 Taking the steps necessary to finalize the amount payable if the legitimacy or amount of a debt is in issue.
16 Determining the income tax or other tax liability of the deceased and of the estate, filing the necessary returns, paying any tax owing and obtaining income tax or other tax clearance certificates before distributing the estate property.
17 Instructing a lawyer in any litigation.
18 Administering any continuing testamentary trusts or trusts for minors.
19 Preparing the personal representative’s financial statements, a proposed compensation schedule and a proposed final distribution schedule.
20 Distributing the estate property in accordance with the will or intestate succession provisions.
Part 2
Lawyers’ Compensation
Categories of service
1 A lawyer may charge fees for the following categories of legal services in the administration of estates:
(a) core legal services;
(b) non‑core legal services.
Personal representatives’ duties
2 A lawyer may charge fees for legal services that involve carrying out personal representatives’ duties.
Agreement
3(1) The lawyer and the personal representatives must agree to the categories of service that the lawyer will perform and to an arrangement or amount for each category of fees, disbursements and other charges.
(2) The fees agreed to must cover, up to the time of distribution of the estate,
(a) all the core legal services or non‑core legal services,
(b) any personal representatives’ duties required to be performed by the lawyer, and
(c) any other services required to be performed by the lawyer.
Lawyer as personal representative
4 When a lawyer is also appointed as the personal representative under a grant, the lawyer may charge additional fees for any core and non‑core legal services performed by the lawyer as a lawyer.
Factors to be considered
5 The following factors are relevant when determining the fees charged by or allowed to a lawyer:
(a) the complexity of the work involved and whether any difficult or novel questions were raised;
(b) the amount of skill, labour, responsibility and specialized knowledge required;
(c) the lawyer’s experience in estate administration;
(d) the number and importance of documents prepared or perused;
(e) whether the lawyer performed services away from the lawyer’s usual place of business or in unusual circumstances;
(f) the value of the estate;
(g) the amount of work performed in connection with jointly held or designated assets;
(h) the results obtained;
(i) the time expended;
(j) whether or not the lawyer and the personal representative concluded an agreement and whether the agreement is reasonable in all the circumstances.
Disbursements
6 Reasonable costs incurred by a lawyer as disbursements and other charges in performing services in any category are allowed in addition to any fees charged.
Statement of fees and disbursements to be in writing
7(1) A lawyer must present a written statement of fees, disbursements and other charges to the personal representative, showing the details of the services performed, together with a copy of this Part.
(2) If the personal representative is required to give the beneficiaries of an estate an accounting in which legal fees are shown, the personal representative must give them a copy of this Part.
Taxing accounts
8(1) The lawyer or the personal representative may have the lawyer’s account reviewed by the taxing officer under rules 627 to 658 of the Alberta Rules of Court (Alta. Reg. 390/68).
(2) The taxing officer or the court may review fees, disbursements and other charges and may increase or decrease any of them.
Table 1
Core Legal Services
1 Receiving instructions from the personal representatives.
2 Giving the personal representatives information and advice on all matters in connection with the administration of the estate, including the following:
(a) the basis for the lawyer’s fees for the different categories of legal services;
(b) the basis for the personal representatives’ compensation and preparation of the proposed compensation schedule;
(c) providing a copy of this Schedule to the personal representatives.
3 Reviewing the will or the provisions of the Intestate Succession Act with the personal representative.
4 Receiving information from personal representatives about the following:
(a) the deceased;
(b) the beneficiaries;
(c) the estate property;
(d) the deceased’s debts;
(e) minors.
5 Obtaining details of all the property and debts of the deceased for the purposes of an application to the court, including the following:
(a) the full nature and value of the property of the deceased as at the date of death including the value of all land and buildings and a summary of outstanding mortgages, leases and any other encumbrances;
(b) any pensions, annuities, death benefits and any other benefits;
(c) any debts owed by the deceased as at the date of death;
(d) preparing all required documents for grant applications;
(e) preparing notices to all beneficiaries;
(f) arranging for surviving spouse or surviving adult interdependent partner to receive notices under the Dependants Relief Act and Matrimonial Property Act, if necessary;
(g) arranging for dependants to receive notices under the Dependants Relief Act, if necessary;
(h) attending on signing of application for grant, filing with the court, payment of fees and dealing with the clerk;
(i) advising the Public Trustee, if necessary;
(j) receiving the grant.
6 Preparing documents to advertise for claimants, arranging for advertising and obtaining affidavit of publication.
7 Preparing declarations of transmission and powers of attorney for stocks and bonds transferrable under the Alberta grant.
8 Preparing transmission and transfer documents for land transferrable under the Alberta grant.
9 Preparing all other documents required to transmit and transfer property transferrable under the Alberta grant.
10 Advising the personal representatives on any trusts required by the will.
11 Advising the personal representatives to prepare and file tax returns.
12 Confirming receipt of clearance certificates from Revenue Canada.
13 Submitting personal representatives’ financial statements for approval to the beneficiaries on an informal basis.
14 Preparing releases and obtaining and filing them with the court if so instructed by the personal representatives.
15 Generally advising the personal representatives on all matters referred to in this Table.
Table 2
Non‑core Legal Services
1 Acting as conveyancing lawyer on any sale of land.
2 Acting as lawyer on the sale of other property or businesses.
3 Preparing personal representatives’ financial statements for submission to residuary beneficiaries.
4 Preparing all documents and acting for the personal representatives in any court proceedings involving the estate, including but not limited to the following:
(a) formal proof of a will;
(b) formal passing of accounts;
(c) all other contentious matters.
5 Negotiating with any taxing authorities in Alberta or elsewhere with respect to the assessment and payment of any taxes or duties levied against the deceased, the estate or the beneficiaries and preparing all documents in connection with the negotiations.
6 Arranging to obtain a resealed or ancillary grant in another jurisdiction.
7 Preparing all documents and obtaining a resealed or ancillary grant in Alberta.
8 Preparing all documents and obtaining a grant of double probate.
9 Preparing all documents and obtaining a grant of trusteeship of minors’ estates.
10 Dealing with any claims by claimants.
11 Setting up any trusts required by the will and arranging for the reimbursement of the trustees for services rendered to the trusts.
12 Identifying property not forming part of the estate but passing by survivorship or passing directly to a named beneficiary outside the will, including
(a) preparing documentation to transfer land and other property held in joint tenancy to the surviving tenants;
(b) preparing documentation to pass property to designated beneficiaries outside the will.
13 Arranging for any other legal services not included in Table 1.
14 Generally advising the personal representative on all matters referred to in this Table.
AR 130/95 Sched.1;201/2003
Schedule 2
Court Fees
1(1) For issuing grants of probate or letters of administration or resealing grants, excluding trusteeship but including one certified copy of the document, where the net value of property in Alberta is
(a) $10 000 or under $ 25
(b) over $10 000 but not more than $25 000 100
(c) over $25 000 but not more than $125 000 200
(d) over $125 000 but not more than $250 000 300
(e) over $250 000 400
(2) This section applies to all grants of probate and letters of administration issued on or after February 25, 2000 and the grants resealed on or after February 25, 2000.
(3) This section comes into force on July 1, 2000.
2 Except
items referred to in section 1, for
documents that require the opening of a court
file respecting an estate and all subsequent
filings or acts, a single fee of $ 200
3 For each application for trusteeship $ 200
4 For
issuing each grant of double probate,
supplemental grant or grant of administration
of unadministered property $ 200
5 For each caveat filed $ 200
6 For
each certified copy of a document other
than the initial certified copy $ 10
7 For each search $ 10
8 For a photostatic copy or faxed copy, per page $ 1
AR 130/95 Sched.2;132/2000
Schedule 3
NC 1
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COURT FILE NUMBER COURT |
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JUDICIAL DISTRICT ESTATE NAME PROCEDURE |
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BOND NOTICES REQUIRED COPY OF THE APPLICATION FILED WITH THE PUBLIC TRUSTEE’S OFFICE PERSONAL REPRESENTATIVE(S) NAME(S) COMPLETE ADDRESS FOR SERVICE ON THE PERSONAL REPRESENTATIVE(S) |
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Personal Representative Date
Name:
Complete address:
Lawyers for Personal Representative(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
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ORDER: ISSUE THE GRANT AS APPLIED FOR
JUSTICE OF THE COURT OF QUEEN’S DATE BENCH OF ALBERTA |
NC 2
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COURT FILE NUMBER COURT
JUDICIAL DISTRICT ESTATE NAME DOCUMENT |
Court of Queen’s Bench of Alberta (Surrogate Matter)
Affidavit by the personal representative(s) on application for a grant of |
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DEPONENT(S) NAME(S) |
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THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
Applicant(s)
1. The applicant(s) are entitled to apply for a grant because the applicant(s) are
Schedules Attached
2. The following schedules are part of this affidavit. They are correct to the deponents’ information and belief.
2.1 NC 3 Schedule 1 Deceased
2.2 NC 4 Schedule 2 Will
2.3 NC 5 Schedule 3 Personal representative(s)
2.4 NC 6 Schedule 4 Beneficiaries
2.5 NC 7 Schedule 5 Inventory
Documents Attached
3. The following documents are part of this affidavit.
3.1 Original will of the deceased
3.2 NC 8 Affidavit of witness to a will
The schedules and documents that are part of this affidavit provide all the information required in this application by the Surrogate Rules and have been prepared by me or by my lawyer on my behalf.
Notices
4. The applicant(s) have served the following notices as required and in the manner prescribed by the Surrogate Rules.
4.1 NC 19 Notice(s) to beneficiaries (residuary)
4.2 NC 20 Notice(s) to beneficiaries (non residuary)
4.3 NC 21 Notice(s) to beneficiaries (intestacy)
4.4 NC 22 Notice
to spouse of deceased Matrimonial
Property Act
4.5 NC 23 Notice
to spouse/adult interdependent partner of
deceased Dependants Relief Act
4.6 NC 24 Notice
to a dependent child of the deceased
Dependants Relief Act
4.7 NC 24.1 Notice to Public Trustee
5. The applicant(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of their administration to the persons entitled to it when lawfully required.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date:
NC 3
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ESTATE NAME DOCUMENT |
Schedule 1: Deceased |
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Name And any other name(s) by Last residence address in full Date of birth Place of birth Date of death Place of death Habitual
province/state of The deceased died |
Testate: Intestate: After a thorough search of all likely places, no testamentary paper of the deceased has been found. |
IMMEDIATE FAMILY
Complete information or state none in each category.
□ SPOUSE
Name (or state none, if applicable):
Complete address:
□ ADULT INTERDEPENDENT PARTNER
Name (or state none, if applicable):
Complete address:
□ the adult interdependent partner lived with the deceased in a relationship of interdependence
□ for a continuous period of not less than 3 years commencing and ending .
□ of some permanence of which there is a child
□ born
date
□ adopted
date
□ the adult interdependent partner entered into an adult interdependent partner agreement with the deceased which agreement is dated .
The adult interdependent partner
□ is
□ is not
related to the deceased by blood or adoption.
□ CHILDREN
Except as otherwise provided, all of the deceased’s children are over 18 years of age at the time of the deceased’s death, and none is unable by reason of mental or physical disability to earn a livelihood.
Name (or state none, if applicable):
Complete address:
Age: Date of birth:
Date of death:
Died leaving children:
□ FORMER SPOUSES (Who require notice under the Matrimonial Property Act)
Name (or state none, if applicable):
Complete address:
Date of death:
Date of divorce:
NC 4
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ESTATE NAME DOCUMENT |
Schedule 2: Will |
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Date of will Deceased’s age at date of will Marriages of deceased subsequent to date of will Adult interdependent partner Name of first witness Name of second witness |
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Neither witness is a beneficiary or the spouse or adult interdependent partner of a beneficiary named in the will.
(Delete if resealing:) To the best of the personal representative(s) information and belief, this is the deceased’s original last will.
(Delete
if resealing:) The personal representative(s) have examined the will and
observe that
.
NC 5
ESTATE NAME
DOCUMENT Schedule
3: Personal
representative(s)
Name(s)
Complete address(es)
Status
Relationship to deceased
Age over 18
Any persons with a prior or
equal right to apply
Renunciations attached
NC 6
ESTATE NAME
DOCUMENT Schedule 4: Beneficiaries
Name:
Relationship:
Complete address:
Age:
Nature of gift:
Para. no. will:
Section no. (intestacy):
Except as otherwise provided, all beneficiaries are mentally capable.
The following gifts are void because the beneficiary is a witness or the spouse or adult interdependent partner of a witness to the will:
NC 7
ESTATE NAME
DOCUMENT Schedule 5: Inventory of
property and debts
VALUE OF ESTATE IN ALBERTA
Land and buildings (net of encumbrances) $
Other property (gross) $
Gross value of estate $
Debts (excluding encumbrances of land) $
Net value of estate $
PROPERTY
LAND AND BUILDINGS
Description:
Gross value: $
Encumbrances:
Net value: $
OTHER PROPERTY
Description:
Gross value: $
TOTAL VALUE OF PROPERTY $
DEBTS
Description:
Value: $
TOTAL VALUE OF DEBTS $
NET VALUE OF ESTATE $
NC 8
TESTATOR NAME
DOCUMENT Affidavit of witness to a will
DEPONENT’S NAME
EXHIBIT ATTACHED A: Original will dated
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1. I am one of the subscribing witnesses to the last will of the deceased, .
2. The will is dated __________ and is marked as Exhibit A to this affidavit.
3. When the deceased signed the will, I believe the deceased understood that the document being signed was the deceased’s will. [Strike out if deponent did not know or was not told it was the deceased’s will.]
4. When the deceased signed the will, I believe the deceased was competent to sign the will. [Strike out if deponent did not know or was not told it was the deceased’s will.]
5. The deceased, myself and the other witness to the will, __________, were all present together when the witnesses and the deceased signed the will.
6. Before the deceased signed the will, the deceased made the following changes to it:
6.1 .
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date:
NC 9
ESTATE NAME
DOCUMENT Affidavit
of handwriting of
deceased
DEPONENT’S NAME
EXHIBIT ATTACHED A: Will dated
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1. I knew the deceased, __________, well and for __________ years before the deceased died. I frequently saw the deceased write and sign documents and I am very familiar with the deceased’s handwriting and signature.
2. I have carefully examined the document dated __________ which purports to be the deceased’s last will and which is marked as Exhibit A to this affidavit.
3. I believe the whole of the will including the signature is in the deceased’s handwriting.
or
3. I believe that the signature appearing on page __________ of the Will is that of the deceased.
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date:
NC 10
ESTATE NAME
DOCUMENT Affidavit
verifying translation
of non‑English
will
DEPONENT’S NAME
EXHIBITS ATTACHED A: Non‑English will dated
B: Translation
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1. I can read, write, and speak English and __________ fluently and I am competent to translate documents from either language to the other.
2. I have carefully examined the document dated __________ which purports to be the deceased’s last will and which is marked Exhibit A to this affidavit. It is written in the __________ language.
3. Exhibit B to this affidavit is my translation of the will into English and it is accurate.
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date:
NC 11
ESTATE NAME
DOCUMENT AFFIDAVIT OF WITNESS
TO SIGNATURE ON
DEPONENT’S NAME
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1. I am the witness to the signature(s) of __________ in this .
2. I was present and saw sign (and seal) this document at , Alberta.
3. I know __________ to be the person named in this .
or
3. On the basis of identification, I believe __________ to be the person named in this .
4. I believe that __________ is at least 18 years of age.
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date:
NC 12
ESTATE NAME
DOCUMENT Renunciation of probate
NAME
COMPLETE ADDRESS
1. The deceased, __________, signed a will in which I am appointed personal representative.
2. I renounce all my right and title to a grant of probate of the deceased’s will.
3. I have not intermeddled in the deceased’s estate.
SIGNED ON
Signature Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 13
ESTATE NAME
DOCUMENT Reservation of right to apply
for grant of probate
NAME
COMPLETE ADDRESS
1. The deceased, __________, signed a will in which I am appointed one of the personal representatives.
2. I wish the administration of the deceased’s estate to proceed expeditiously but I am unable at this time to administer the deceased’s estate because __________.
3. I expect to be able to undertake the duties of personal representative in the future and therefore I reserve my right to apply for a grant of double probate.
4. I consent to the issuance of a grant of probate to __________ subject to my reservation.
SIGNED ON
Signature Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 14
ESTATE NAME
DOCUMENT Renunciation of administration
with will annexed
NAME
COMPLETE ADDRESS
1. The deceased, __________, signed a will in which __________ is appointed personal representative.
2. __________ has renounced all right and title to the grant of probate of the deceased’s will.
3. I am entitled to apply for a grant of administration with will annexed under the Surrogate Rules because I am the deceased’s __________.
4. I renounce all my right and title to administration with will annexed of the deceased’s property.
SIGNED ON
Signature Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 15
ESTATE NAME
DOCUMENT Renunciation of administration
NAME
COMPLETE ADDRESS
1. The deceased, __________, died intestate.
2. I am entitled to apply for a grant of administration under the Surrogate Rules because I am the deceased’s __________.
3. I renounce all my right and title to a grant of administration of the deceased’s property.
SIGNED ON
Signature Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 16
ESTATE NAME
DOCUMENT Nomination and consent to
appointment of personal
representative
NAME
COMPLETE ADDRESS
1. The deceased, __________, signed a will in which __________ is appointed personal representative.
2. __________ has renounced all right and title to a grant of probate of the deceased’s will.
or
1. The deceased, __________, died intestate.
2. I am entitled to apply for a grant of administration under the Surrogate Rules because I am the deceased’s __________.
3. I have an interest in the administration of the deceased’s estate because I am __________.
4. I nominate __________ to apply for a grant of administration with will annexed of the deceased’s property and consent to such an appointment.
or
4. I nominate __________ to apply for a grant of administration of the deceased’s property and consent to such an appointment.
SIGNED ON
Signature Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 17
ESTATE NAME
DOCUMENT Affidavit to dispense with a
bond
DEPONENT(S) NAME(S)
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
Applicant(s)
1. The applicant(s) are entitled to apply for a grant because the applicant(s) are __________.
2. The applicant(s) are fully familiar with the deceased’s affairs because they are related to the deceased as __________.
Debts
3. The applicant(s) have made a complete investigation of the deceased’s affairs. To the best of our knowledge, Schedule 5 shows all the debts for which the deceased may be liable in the Province of Alberta and in any other jurisdiction.
4. The property of the estate is sufficient to pay all the debts shown in Schedule 5 and all the debts have been or will be paid before the distribution of the estate.
Special matters
5. __________
6. And therefore the applicant(s) request that this Court grant the application for a grant of __________ without bond.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date:
NC 18
ESTATE NAME
DOCUMENT Consent to waive bond
NAME
COMPLETE ADDRESS
1. The deceased, __________, died testate.
2. __________, who resides outside Alberta, is appointed personal representative in the deceased’s will and is applying for a grant of probate.
or
1. The deceased, __________, died intestate.
2. __________, who resides outside Alberta, is applying for a grant of administration.
3. I have an interest in the administration of the deceased’s estate because I am __________.
4. I understand that a bond is required because the applicant(s) reside outside Alberta. Nevertheless, I consent to an order of the court dispensing with any bond so required.
SIGNED ON
Signature Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 19
ESTATE NAME
DOCUMENT Notice to beneficiaries
(residuary)
To: Name:
Complete address:
You are named as a residuary beneficiary in the last will of .
The will gives you .
The personal representative(s) named in the will have applied for a grant of probate.
Enclosed with this notice is a copy of the application for a grant of probate. This includes a copy of the will and a list of the estate property and debts.
Once the court issues the grant, the personal representative(s) will collect in the property, pay the debts, and complete the administration of the estate and anything else required of the personal representative(s). Then they will be in a position to account to you before distributing any estate left after payment of all debts and expenses.
By issuing the grant, the court is not approving the figures submitted in the application for a grant of probate. It is the responsibility of the beneficiary(ies) to supervise the actions of the personal representative(s).
You can contact ________ at ________, phone __________, for any further information you may need.
Personal Representative Date
Name:
Complete address:
NC 20
ESTATE NAME
DOCUMENT Notice to beneficiaries
(non residuary)
To: Name:
Complete address:
You are named as a beneficiary in the last will of .
The will gives you .
The personal representative(s) named in the will have applied for a grant of probate.
Once the court issues the grant, the personal representative(s) will collect in the estate property, pay the debts, and complete the administration of the estate and anything else required of the personal representative(s). Then they will be in a position to distribute your gift to you as long as it is not needed to pay for debts and expenses of the estate.
You can contact __________ at __________, phone __________, for any further information you may need.
Personal Representative Date
Name:
Complete address:
NC 21
ESTATE NAME
DOCUMENT Notice to Beneficiaries
(intestacy)
To: Name:
Complete address:
died without leaving a will. In this circumstance, the provisions of the Intestate Succession Act of Alberta determine which relatives of the deceased inherit the estate.
You are one of these relatives, or beneficiary (intestacy), and you will receive .
has applied for a grant of administration.
Enclosed with this notice is a copy of the application for a grant of administration. This includes a list of the property and debts.
Once the court issues the grant, the personal representative(s) will collect in the property, pay the debts, and complete the administration of the estate and anything else required of the personal representative(s). Then they will be in a position to account to you before distributing any estate left after payment of all debts and expenses.
By issuing the grant, the court is not approving the figures submitted in the application for a grant of administration. It is the responsibility of the beneficiary(ies) to supervise the actions of the personal representative(s).
You can contact at , phone , for any further information you may need.
Personal Representative Date
Name:
Complete address:
NC 22
ESTATE NAME
DOCUMENT Notice to spouse of deceased
Matrimonial Property Act
To: Name:
Complete address:
Enclosed with this notice is a copy of the application for a grant of _____. The Matrimonial Property Act gives rights to a spouse or former spouse in certain circumstances and the law requires that the notice be given to you because you are the spouse or a former spouse and have not been given all of the property in the estate.
You may have a claim under the Matrimonial Property Act on the property in the estate. This must be dealt with before the estate can be finally distributed.
There are some time requirements that must be met. You must begin any application before the expiration of six months from the date the court issued the grant of probate or administration. There are other time limits in the Act which may mean that in your case you have less than six months in which to act, after that, the personal representative may distribute the property.
If you want to take this further, you must consult your own lawyer immediately.
Personal Representative Date
Name:
Complete address:
I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE APPLICATION FOR A GRANT OF IN THE ESTATE OF
.
Spouse Date
NC 23
ESTATE NAME
DOCUMENT Notice to spouse/adult
interdependent partner of
deceased
Dependants Relief Act
To: Name:
Complete address:
Enclosed with this notice is a copy of the application for a grant of ______. The law requires that this notice must be given to you because you are the spouse/adult interdependent partner of __________ but you have not been given all the property in the estate.
The Dependants Relief Act gives rights to a spouse/adult interdependent partner that allow the spouse/adult interdependent partner to apply to the court to receive more or all of the estate. The court can change the distribution of the estate and give you more if the court decides the circumstances warrant it.
There are some time requirements which must be met before the court can hear any application. You should begin your application before six months have gone by from the date the court issued the grant of probate or administration. After that, the personal representative may distribute the estate property and you can only apply if the court lets you. You can then only ask for some or all of the property in the estate that is still undistributed at that time.
If you want to take this further, you must consult your own lawyer immediately.
Personal Representative Date
Name:
Complete address:
I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE APPLICATION FOR A GRANT OF __________ IN THE ESTATE OF .
Spouse/Adult Interdependent Partner Date
NC 24
ESTATE NAME
DOCUMENT Notice to a dependent child of the
deceased
Dependants Relief Act
To: Name of Trustee:
Complete address:
On behalf of the dependent child:
Enclosed with this notice is a copy of the application for a grant of _______. The law requires that this notice must be given to you because you may be a dependent child of but you have not been given all the property in the estate.
The Dependants Relief Act gives rights to a dependent child that allow the dependent child to apply to the court to receive more or all of the estate. The court can change the distribution of the estate and give you more if the court decides you are a dependent and the circumstances warrant it.
There are some time requirements which must be met before the court can hear any application. You should begin your application before six months have gone by from the date the court issued the grant of probate or administration. After that, the personal representative may distribute the estate property and you can only apply if the court lets you. You can then only ask for some or all of the property in the estate that is still undistributed at that time.
If you want to take this further, you must consult your own lawyer immediately.
Personal Representative Date
Name:
Complete address:
I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE APPLICATION FOR A GRANT OF __________ IN THE ESTATE OF .
Trustee Date
NC 24.1
ESTATE NAME (deceased’s name)
DOCUMENT Notice to the Public Trustee
This gives you notice that the personal representative shown in the attached copy of an Application for a grant of has applied for this grant.
Notice is given to you
1 under section 6 of the Administration of Estates Act (beneficiaries interested in the estate)
□ a minor at the date of death of the deceased
Name:
Date of Birth:
Address:
□ a person who has been declared to
be a missing person by
an
Order of the Court
Name:
Address:
□ a dependent adult for whose estate you are trustee
Name:
Address:
2 under section 7 of the Administration of Estates Act (dependants)
□ the deceased was survived by a minor child of the deceased
Name:
Date of Birth:
Address:
□ the deceased was survived by a dependent adult child for whose estate you are trustee
Name:
Address:
Personal
Representative Date
Name: Office of the Public Trustee
To the Court of Queen’s Bench of Alberta and the personal representative
The Public Trustee
□ does not intend to be represented on this application
□ intends to be represented on this application
The Public Trustee confirms the following:
□ Any property to which a minor child is entitled from the estate must be delivered to the Public Trustee.
□ Clause of the will appoints as trustee of money or property to which the minor(s) is (are) entitled under the will. The will does not appoint the Public Trustee to monitor on behalf of the minor(s). Accordingly, the Public Trustee will not monitor the trustee on behalf of the minor(s) unless the Court directs the Public Trustee to monitor pursuant to section 22 of the Public Trustee Act.
□ Clause of the will appoints as trustee of money or property to which the minor(s) is (are) entitled under the will and clause appoints the Public Trustee to monitor on behalf of the minor(s). Accordingly, the Public Trustee will monitor the trustee on behalf of the minor(s).
□ The Public Trustee reserves the right to apply under the provisions of the Dependants Relief Act on behalf of .
Public Trustee of Alberta Date
The Court of Queen’s Bench requires submissions to be made as to whether the Public Trustee should monitor the trust for the benefit of minor beneficiaries. Either the applicant or the Public Trustee, on notice to the other, must arrange for the Court to hear the submissions.
Justice of the Court of Queen’s Bench Date
NC 24.2 Repealed AR 209/2007 s3.
NC 25
COURT FILE NUMBER
ESTATE NAME
DOCUMENT Affidavit regarding missing or unknown beneficiaries
DEPONENT(S) NAME(S)
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
Applicant(s)
1. The applicant(s) are entitled to apply for a grant because the applicant(s) are __________.
2. The applicant(s) have applied for a grant of __________.
3. The applicant(s) cannot fully complete Schedule 4 nor provide a complete set of notices to beneficiaries.
Unknown beneficiaries
4. These beneficiaries are unknown to the applicant(s):
4.1
Missing beneficiaries
5. These beneficiaries cannot yet be located:
5.1
Enquiries
6. The applicant(s) have made these enquiries to ascertain and find the beneficiaries:
6.1
Undertakings
7. The applicant(s) undertake:
7.1 to advise the court as soon as they have ascertained or found the beneficiaries, and
7.2 to provide the clerk with the notices to beneficiaries at that time.
8. The applicant(s) believe that it is in the best interest of the estate to begin its administration immediately.
9. Repealed AR 110/2006 s3.
Prayer
10. That this Court grant the application for a grant of without Schedule 4 being fully completed and without sending all the notices to beneficiaries.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date:
NC 26
COURT FILE NUMBER