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     Alberta Regulation 125/95

     Municipal Government Act

     NON-PROFIT ORGANIZATION TAX EXEMPTION REGULATION

     Filed:  June 2, 1995

Made by the Minister of Municipal Affairs (M.O. L:303/95) pursuant to
section 370 of the Municipal Government Act.


     Table of Contents

Definitions    1
General rule   2
Property used for business purposes     3
Exemption under section 362(n)(i) of the Act 4
Exemption under section 362(n)(ii) of the Act     5
Exemption under section 362(n)(iii) of the Act    6
Exemption under section 362(n)(iv) of the Act     7


Definitions
1   In this Regulation,

     (a)  "Act" means the Municipal Government Act;

     (b)  "non-profit organization" means

               (i)  a society, credit union or co-operative established
under a law of Canada or Alberta,

               (ii) a corporation that is prohibited from paying
dividends to its members and distributing the assets to its members on a
winding-up, or

               (iii)     any other entity established under a law of Canada
or Alberta for a purpose other than to make a profit;

     (c)  "taxation" means taxation under Division 2 of Part 10 of the
Act.


General rule
2   An exemption from taxation under section 362(n) of the Act may apply

     (a)  to the whole of a property, or

     (b)  to part of a property

that is chiefly used for the purposes that qualify for the exemption.


Property used for business purposes
3   Property or part of a property referred to in section 362(n) of the Act
is not exempt from taxation if it is used for business purposes that
compete with any business that is subject to taxation.


Exemption under section 362(n)(i) of the Act
4   Property referred to in section 362(n)(i) of the Act is exempt from
taxation only if the municipality that owns the property has delegated to
the non-profit organization that holds the property the authority to act as
the representative of the municipality in all matters concerning the
property.


Exemption under section 362(n)(ii) of the Act
5(1)  Property referred to in section 362(n)(ii) of the Act is exempt from
taxation only if

     (a)  the general public is evidently and actively encouraged by the
non-profit organization that holds the property to use the property for the
purposes set out in that section,

     (b)  the property is accessible to the general public and the use of
the property is not restricted by virtue of the race, culture, ethnic
origin, age, gender or religious belief of any individual or as a result of
a fee or other criterion that by its very nature restricts an individual
from using the property, and

     (c)  where the use of the property is restricted to members of the
non-profit organization that holds the property, the membership in that
organization is not restricted by virtue of the race, culture, ethnic
origin, age, gender or religious belief of any individual or as a result of
a fee or other criterion that by its very nature restricts an individual
from being a member in that organization.

(2)  Property or part of a property referred to in section 362(n)(ii) of
the Act is not exempt from taxation if

     (a)  the property is used to satisfy the interests of an individual
or group of individuals that has a specific interest or objective, or

     (b)  the income or profits of the non-profit organization that holds
the property are paid to a member or shareholder of that organization other
than as wages.


Exemption under section 362(n)(iii) of the Act
6(1)  Property referred to in section 362(n)(iii) of the Act is exempt from
taxation only if

     (a)  the resources of the non-profit organization that holds the
property are devoted to the charitable or benevolent purpose for which the
property is used,

     (b)  the non-profit organization that holds the property uses the
property to provide to individuals or groups of individuals services that
are perceived to be, due to their charitable or benevolent nature, for the
general public benefit and the services are provided without monetary gain
or benefit to that organization, and

     (c)  the use of the property is not restricted as a result of a fee
that by its very nature restricts an individual from using the property.

(2)  Property or part of a property referred to in section 362(n)(iii) of
the Act is not exempt from taxation if the income or profits of the
non-profit organization that holds the property are paid to a member or
shareholder of that organization other than as wages.


Exemption under section 362(n)(iv) of the Act
7   Property referred to in section 362(n)(iv) of the Act is exempt from
taxation only if the accommodation provided to senior citizens is
subsidized accommodation as defined in the General Regulation (Alta. Reg.
213/94).





     Alberta Regulation 126/95

     Apprenticeship and Industry Training Act

     APPRENTICESHIP PROGRAM AND CERTIFICATE
     RECOGNITION AMENDMENT REGULATION

     Filed:  June 7, 1995

Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.


1   The Apprenticeship Program and Certificate Recognition Regulation
(Alta. Reg. 1/92) is amended by this Regulation.


2   Section 3 is amended

     (a)  in subsection (1) by striking out "after December 31, 1991";

     (b)  in subsection (2) by striking out "that is granted after
December 31, 1991 it is" and substituting ", it is";

     (c)  by repealing subsection (3).


3   Section 4 is amended by repealing subsection (2) and by renumbering
section 4(1) as section 4.


4   Section 5(b) is amended by striking out "to the satisfaction of the
Executive Director" and substituting "subject to section 21".


5   Section 6(b) is amended by striking out "to the satisfaction of the
Executive Director" and substituting "subject to section 21".


6   Section 8 is repealed and the following is substituted:

Entrance requirements
     8(1)  Where a person is required to do so by the applicable trade
regulation, that person must as an entrance requirement in respect of the
designated trade take and successfully complete one or more entrance
examinations.

     (2)  Where a person is unable to establish that the person has met
the educational requirements that are prescribed in the applicable trade
regulation, that person must, if requested to do so by the Executive
Director, take one or more examinations as an entrance requirement in
respect of the designated trade and successfully complete those
examinations.


7   Section 10 is amended by adding the following after subsection (2):

     (3)  Where

               (a)  an employer is satisfied that a prospective
apprentice has had previous work experience or on the job training in
respect of tasks, activities or functions that are carried out in the
trade, and

               (b)  in the opinion of the employer, the apprentice is
able to carry out those tasks, activities or functions in a satisfactory
manner,

     the employer may recommend that credit be granted in respect of that
apprentice for that previous work experience or on the job training.


8   Section 11 is amended

     (a)  in subsection (3)(c) by striking out "completed" and
substituting "acquired";

     (b)  by repealing subsection (4) and substituting the following:

          (4)  The Executive Director shall not reduce the term of
apprenticeship to less than 12 months except where a person has, in the
opinion of the Executive Director, successfully participated in an
apprenticeship program in Alberta.


9   Section 12 is repealed and the following is substituted:

Approval to enter apprenticeship program
     12(1)  If the Executive Director 

               (a)  is satisfied that the prospective apprentice meets
or is of the opinion that the prospective apprentice will be able to meet
the qualifications of an apprentice in a designated trade, and

               (b)  is satisfied the person who is to employ the
prospective apprentice meets the qualifications to employ an apprentice in
that trade,

     the Executive Director may in writing approve the prospective
apprentice's entrance into the apprenticeship program.

     (2)  If an apprentice does not meet the educational or other entrance
requirements prescribed by the applicable trade regulation, the apprentice
is not eligible to engage in the formal instruction required under the
apprenticeship program until the apprentice meets those requirements.

     (3)  Notwithstanding subsection (2), if a person does not meet the
educational or other entrance requirements prescribed by the applicable
trade regulation, the Executive Director may

               (a)  permit the person to enter into the apprenticeship
program, and

               (b)  allow the person, commencing on the day that the
person enters into the apprenticeship program, a period of time within
which the person must meet the educational or other entrance requirements.

     (4)  For the purposes of subsection (3)(b), the Executive Director
may, depending on the circumstances, prescribe a period of time of not less
than 90 days nor greater than 365 days within which a person must meet the
educational or other entrance requirements applicable to that person's
apprenticeship program.

     (5)  If a person to whom subsection (4) is applicable does not meet
the educational or other entrance requirements for the apprenticeship
program within the period of time allowed by the Executive Director, the
Executive Director may, after consulting with

               (a)  the local apprenticeship committee in the
designated trade, or

               (b)  the provincial apprenticeship committee in the
designated trade if there is not a local apprenticeship committee in that
designated trade,

     cancel the registration of that person's contract of apprenticeship.


10   Section 13(3) is repealed.


11  Section 14 is repealed.


12   Section 15 is amended

     (a)  in subsection (2) by striking out "on the recommendation of"
and substituting "after consulting with";

     (b)  by repealing subsections (3) and (4).


13  Section 17 is amended by repealing clause (h) and substituting the
following:

     (h)  to review with the apprentice's direct supervisor, at the
completion of each period of apprenticeship, the hours worked and the on
the job training completed during that period;

     (h.1)     to ensure that the apprentice's record book is kept up to date;

     (h.2)     to send the apprentice's record book, or otherwise ensure that
it is sent, to the Minister on the successful completion of each period of
the apprentice's apprenticeship program;


14   Section 18 is amended

     (a)  in clause (a) by adding "for" after "to provide";

     (b)  in clause (b) by striking out "applicable trade regulation" and
substituting "regulations".


15  Sections 20 and 21 are repealed and the following is substituted:

Employment of apprentices
     20(1)  The number of apprentices that a person may employ shall be
determined in accordance with the applicable trade regulation.

     (2)  Where

               (a)  a person who is a certified journeyman or an
uncertified journeyman or employs a certified journeyman or an uncertified
journeyman in a designated trade is eligible to employ an apprentice in the
trade, and

               (b)  the number of additional apprentices that the
person may employ is based on the number of additional certified journeymen
or uncertified journeymen employed by that person,

     that person shall, in determining the number of additional
apprentices that may be employed, take into account only those certified
journeymen or uncertified journeymen who will provide supervision with
respect to the work of the apprentices.

     (3)  Notwithstanding subsections (1) and (2), if

               (a)  a person carries on business in respect of which
the person must use the services of, as the case may be, a certified
journeyman or an uncertified journeyman in a designated trade,

               (b)  at a location at which the person carries on that
business there is an insufficient number of, as the case may be, certified
journeymen or uncertified journeymen in the trade to provide those
services, and

               (c)  due to that lack of a sufficient number of
certified journeymen or uncertified journeymen in the trade the person is
unable to carry out the work to which the person is committed,

     the Executive Director may, subject to any conditions that the
Executive Director considers appropriate, permit the person to employ, in
addition to the number of apprentices authorized under the applicable trade
regulation, extra apprentices so as to enable the person to carry out the
work to which the person is committed.

     (4)  A person shall not employ an apprentice except in accordance
with the applicable trade regulation and this Regulation.

Supervision and training
     21(1)  In this section, "supervisor" means,

               (a)  in the case of a compulsory certification trade, a
person who is

                         (i)  a certified journeyman in the
compulsory certification trade, or

                         (ii) a certified journeyman or an
uncertified journeyman in another designated trade where the task, activity
or function that is being carried out by an apprentice in the compulsory
certification trade is the same task, activity or function that is also
carried out by a certified journeyman or uncertified journeyman in that
other designated trade;

               (b)  in the case of an optional certification trade, a
person who is

                         (i)  a certified journeyman or an
uncertified journeyman in the optional certification trade, or

                         (ii) a certified journeyman or an
uncertified journeyman in another designated trade where the task, activity
or function that is being carried out by an apprentice in the optional
certification trade is the same task, activity or function that is also
carried out by a certified journeyman or uncertified journeyman in that
other designated trade.

     (2)  In order for a person to be able to provide to an apprentice the
supervision and training for the purposes of this or an applicable trade
regulation,

               (a)  the supervision must be provided by a supervisor
who

                         (i)  is the employer of the apprentice,

                         (ii) is an employee of the employer of the
apprentice, or

                         (iii)     if not employed by the employer of the
apprentice, is a person with whom that employer has made arrangements for
the supervision of the apprentice,

               (b)  the supervision must, to the satisfaction of the
Executive Director, be of such a nature that

                         (i)  the apprentice being supervised has
access to the supervisor so as to be able to communicate with the
supervisor in respect of the task, activity or function being supervised,
and

                         (ii) the supervision provided to the
apprentice by the supervisor is sufficient so that the supervisor supplies
to the apprentice the technical information, knowledge and guidance that is
necessary for the apprentice to develop skills in the task, activity or
function that is being supervised to a standard of skill and competence
that is expected of a journeyman in the trade or of a person who has
reached the apprentice's level in the apprenticeship program, as the case
may be,

               and

               (c)  the training and guidance must, to the satisfaction
of the Executive Director, be provided to the apprentice in such a manner
that the apprentice will be able to

                         (i)  acquire the technical information and
knowledge, and

                         (ii) develop the skills

                    in the tasks, activities and functions that are
expected of a journeyman in the trade or of a person who has reached the
apprentice's level in the apprenticeship program, as the case may be.


16   Section 22(2) is amended by repealing clause (c) and substituting the
following:

     (c)  in the case where the supervision has been provided by someone
other than the apprentice's employer or an employee of the apprentice's
employer, on completion of the training in the tasks, activities and
functions for the trade.


17   The following is added after section 22:

Excess hours
     22.1(1)  Where at the end of a period of an apprenticeship program an
apprentice has acquired more hours of on the job training than are required
for that period, the Executive Director may, subject to subsection (2),
credit those excess hours of on the job training against the number of
hours of on the job training that are required for the next subsequent
period of the apprenticeship program.

     (2)  The number of excess hours of on the job training that may be
credited under subsection (1) against the number of hours of on the job
training that are required in the next subsequent period of an
apprenticeship program

               (a)  shall not exceed 480 hours, and

               (b)  may only be credited if at the end of the period to
which they are to be credited the apprentice has not completed the number
of hours of on the job training that are required for that period.

Requirements to advance
     22.2   An apprentice shall not advance from one period of an
apprenticeship program to the next subsequent period of the apprenticeship
program until

               (a)  the apprentice has successfully

                         (i)  acquired the on the job training
required for that period,

                         (ii) completed the formal instruction
required for that period, and

                         (iii)     completed all the examinations required
for that period,

               (b)  the date for the completion of that period has
expired, and

               (c)  the Minister has endorsed in the apprentice's
record book the fact that the apprentice has completed all the requirements
for that period.


18   Section 24(a) is amended by striking out "contents and".


19   Section 26(d) is amended by repealing subclause (ii) and substituting
the following:

     (ii) satisfy

               (A)  the local apprenticeship committee in the
designated trade, or

               (B)  the provincial apprenticeship committee in the
designated trade if there is not a local apprenticeship committee in that
designated trade,

          that the apprentice has successfully completed the on the job
training requirements.


20   Section 28 is repealed.


21   Section 29(2) is repealed and the following is substituted:

     (2)  A Certificate of Completion of Apprenticeship that is issued by
another jurisdiction in Canada in a trade that in Alberta is a designated
trade shall be recognized for the purposes of the Act as being the
equivalent of a trade certificate granted under the Act if the Certificate
of Completion of Apprenticeship

               (a)  was issued in a trade prior to that trade's
participating in the Interprovincial Standards Program,

               (b)  was issued in a trade that is not participating in
the Interprovincial Standards Program, or

               (c)  was issued in a trade that is participating in the
Interprovincial Standards Program but the formal instruction was provided
in Alberta.


22   Section 32(5)(a) is amended by striking out "contents and".


23   The following is added after section 32:

     PART 3

     MODIFIED APPRENTICESHIP PROGRAMS

Exceptional circumstances
     33(1)  Notwithstanding section 15 or the applicable trade regulation,
if,

               (a)  in the opinion of the Executive Director,
exceptional, unique or abnormal circumstances exist in a particular
situation that limits a person's ability to enter into or successfully
complete an apprenticeship program in a designated trade, and

               (b)  in the opinion of the Executive Director, the
person's general capabilities are such that the person will with training
be able to successfully work in or perform the tasks, activities or
functions in the designated trade,

     the Executive Director may modify the requirements of the
apprenticeship program in that trade in order to accommodate that person.

     (2)  If the Executive Director modifies the requirements of an
apprenticeship program, the Executive Director may prescribe terms or
conditions to the carrying out of that modified apprenticeship program.

Apprentice-ship re Executive Director
     34(1)  Notwithstanding section 7 or 13, where

               (a)  a prospective apprentice is eligible to be granted
or has been granted credit under section 11,

               (b)  the prospective apprentice is unemployed, and

               (c)  in the opinion of the Executive Director, entering
into a contract of apprenticeship between the Executive Director and the
prospective apprentice will enable the prospective apprentice to enter into
an apprenticeship program,

     the Executive Director may at the request of the prospective
apprentice enter into a contract of apprenticeship with the prospective
apprentice.

     (2)  A contract of apprenticeship that is entered into under
subsection (1) may not remain in force for more than one year from the day
that the contract of apprenticeship is entered into unless within that year
the contract of apprenticeship is transferred from the Executive Director
to a person who is eligible to employ an apprentice.

Apprenticeship re self- employment
     35   Notwithstanding section 7, 13 or 34, where

               (a)  a prospective apprentice is self-employed, and

               (b)  the prospective apprentice's self-employment
primarily involves working in or performing tasks, activities or functions
in an optional certification trade,

     the prospective apprentice may, with respect to that optional
certification trade, enter into a contract of apprenticeship with another
person if the prospective apprentice has made arrangements for supervision
and training under section 21.

High school apprentice
     36(1)  Where a person is enrolled as a full time student at a high
school and is taking courses for the purpose of acquiring or up-grading a
high school diploma and

               (a)  that person meets the entrance requirements to be
an apprentice in a designated trade, and

               (b)  that person's employer or prospective employer
meets the requirements set out in sections 5 or 6, as the case may be,

     that person may enter into a contract of apprenticeship in respect of
that designated trade.

     (2)  While participating in an apprenticeship program under this
section, an apprentice

               (a)  instead of attending formal instruction under the
applicable trade regulation, may, by means of high school courses, receive
instruction in respect of theoretical or technical topics that are
applicable to the apprenticeship program, and

               (b)  must participate in on the job training of the type
that is required under the applicable trade regulation.

     (3)  Notwithstanding sections 18(c) and 19, an employer employing an
apprentice under this section may, subject to the Employment Standards
Code, pay wages to that apprentice, while that apprentice is participating
in the apprenticeship program under this section, that are less than those
provided for under the applicable trade regulation.

     (4)  When an apprentice who has been participating in an
apprenticeship program under this section ceases to be a full time student
enrolled in a high school, that apprentice may continue to be an apprentice
in the apprenticeship program under the applicable trade regulation.

     (5)  Where an apprentice who has been participating in an
apprenticeship program under this section,

               (a)  ceases to participate in the apprenticeship program
under this section, but

               (b)  continues to participate in the apprenticeship
program under the applicable trade regulation,

     the Executive Director may, with respect to the formal instruction
required under the applicable trade regulation, grant credit to the
apprentice for the instruction received pursuant to subsection (2)(a).

     (6)  For the purposes of this section, a person who is a full time
student enrolled in a high school does not lose that status by reason only
that the person is not attending high school classes

               (a)  during the summer vacation,

               (b)  during a period of time that intervenes between the
conclusion of one semester and the beginning of the next semester, or

               (c)  during a period of time that the high school is
closed or not otherwise offering courses.



     Alberta Regulation 127/95

     Credit Union Act

     CREDIT UNION (PRINCIPAL) AMENDMENT REGULATION

     Filed:  June 14, 1995

Made by the Lieutenant Governor in Council (O.C. 438/95) pursuant to
section 82(4) of the Credit Union Act.


1   The Credit Union (Principal) Regulation (Alta. Reg. 249/89) is amended
by this Regulation.


2   The following is added after section 25.1:

Idem - where assets do not exceed $500 000 000
     25.2(1)  Pursuant to section 82(4)  of the Act, the board of a credit
union with assets not exceeding $500 000 000 as at the end of the previous
fiscal year shall place before the members, at the next annual general
meeting held after the commencement of this section and at least at every
fifth annual general meeting thereafter, a resolution in the following
form:

          "BE IT RESOLVED THAT     (name of credit union)     disclose
the individual remuneration and benefits of the following of its executive
managers as a notation to its annual financial statements in the form set
out in Schedule 1 to the Credit Union (Principal) Regulation:

               (Names or positions of executive managers whose
remuneration  and benefits to be disclosed)."

     (2)  Section 25.1(3) applies where remuneration is to be disclosed as
a result of subsection (1).


3   This Regulation comes into force on June 15, 1995.




     Alberta Regulation 128/95

     Teachers' Retirement Fund Act
     Interpretation Act

     PENSION ADJUSTMENT REGULATION, 1993 REPEAL REGULATION

     Filed:  June 14, 1995

Made by the Lieutenant Governor in Council (O.C. 454/95) pursuant to
section 58 of the Teachers' Retirement Fund Act and section 23 of the
Interpretation Act.


1   The Pension Adjustment Regulation, 1993 (Alta. Reg. 8/93) is repealed.


     ------------------------------

     Alberta Regulation 129/95

     Agriculture Financial Services Act

     AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION

     Filed:  June 14, 1995

Made by the Lieutenant Governor in Council (O.C. 457/95) pursuant to
sections 17 and 37 of the Agriculture Financial Services Act.


1   The Agriculture Financial Services Regulation (Alta. Reg. 174/94) is
amended by this Regulation.


2   The following is added after section 15:

Other assistance
     15.1(1)  In this section, "investor" means a person or group of
persons who, in the opinion of the Corporation,

               (a)  has made an investment of money, goods or services
that will generally advance the interests of agriculture, or

               (b)  on the receipt of assistance under this section,
will make an investment that will generally advance the interests of
agriculture.

     (2)  The Corporation may in one or more of the following forms
provide assistance not otherwise provided for under the Act or this
Regulation:

               (a)  the provision of consulting and advisory services,
including financial analysis and recommendations;

               (b)  the provision of clerical, administrative and
management services;

               (c)  the appointment of one or more members of the Board
or officers or employees of the Corporation to the board of directors or a
board of management of

                         (i)  a person who is eligible to receive
assistance under this section, or

                         (ii) an investment fund;

               (d)  acting as an agent or a trustee for

                         (i)  a person who is eligible to receive
assistance under this section, or

                         (ii) an investment fund.

     (3)  The following persons are eligible to apply to the Corporation
to receive assistance under this section:

               (a)  borrowers;

               (b)  primary producers;

               (c)  owners of associated businesses or persons engaged
in agricultural industries;

               (d)  investors;

               (e)  lenders.

     (4)  The Corporation may provide the assistance described in this
section by itself or jointly with one or more other persons or governments.

     (5)  For the purposes of this section, sections 8 and 9 do not apply
to persons referred to in subsection (3)(c), (d) and (e).



     Alberta Regulation 130/95

     Surrogate Court Act
     Dependent Adults Act

     SURROGATE RULES

     Filed:  June 14, 1995

Made by the Lieutenant Governor in Council (O.C. 453/95) pursuant to
section 19 of the Surrogate Court and section 69 of the Dependent Adults
Act.


     Table of Contents

Definitions    1
Rules of Court 2
Reference to another court    3
Application for direction     4
Notice to attend or produce   5
Venue     6
Date of affidavit   7
Additional information   8
Forms     9

     Part 1
     Non-contentious Matters

     Division 1
     Application for Grant

Grants    10
Preference     11
Limited grant  12
Forms required 13
     Will

Void gift 14
Wills and codicils  15
Identification by witness     16
Proving signing of will  17
Will in foreign language 18
Witnesses dead 19
Dated will     20
Minor testator 21
Other documents     22
Formal proof of will     23
Lost will 24
Alterations, etc.   25

     Notice Required

Notice of application    26
Unknown beneficiary 27

     Bonds

Bonds     28
Dispensation from bond   29
Application re bond 30
Powers of court     31

     Personal Representatives

Renunciation   32
Nominations    33
Grant of double probate  34
Grant of re-sealed probate or re-sealed administration 35
Ancillary grant     36
Unadministered property  37

     Claimants

Notice to claimants 38
Notice by claimant  39
Verification of claims   40
Valuation of security    41
Contested claims    42
Claims not yet payable   43

     Duties of the Clerk

Fees 44
Applications   45
Grants    46
Retention of documents   47
Copies of documents 48
Clerk's certificate 49

     Division 2
     Administration of the Estates of Minors

Applications   50
Publication    51
Bonds     52
Dispensing with bond     53
Application of rules     54

     Part 2
     Contentious Matters

     Division 1
     General

Application    55
Parties   56
Persons interested in the estate   57
Commencement of action   58
Documents to be served   59
Service   60
Notice    61
Representation 62
Proceedings in chambers  63
Procedure at hearing     64
Standing  65
Trial of an issue   66
Time limit     67
Production of testamentary documents    68
Security for costs  69
Time for completion 70

     Division 2
     Proceedings on Caveats

Caveat against issue of grant 71
Warning to caveator 72
Objection to grant  73
Frivolous or vexatious caveat 74

     Division 3
     Formal Proof of a Will

Applications   75
Original will lost or destroyed    76
Required documents  77
Persons interested in the estate   78
Action commenced by a person interested in the estate  79
Special applications     80
Order requiring formal probate     81
Parties   82
Hearing in chambers 83
Evidence  84
Trial     85
Order of decisions  86
Order of proceedings     87
Other proceedings   88
Witness fees   89
Powers of the court 90
Order final    91
Appeal    92
Return and revocation of informal grant 93

     Division 4
     Proof of Death

Proof of death 94

     Division 5
     Claims on an Estate

Contested claim     95
Application to court     96

     Part 3
     Accounting

     Division 1
     General

Requirement for an accounting 97
Contents of financial statements   98
Acceptable documentation 99

     Division 2
     Releases

Releases  100
Effect of release   101
Bond 102

     Division 3
     Dispensing with Formal Passing of Accounts

Dispensing with passing accounts   103
Proceeding without notice     104
Court order    105
Objection 106

     Division 4
     Passing Accounts

Required forms 107
Application by person interested in estate   108
Reply     109
Withdrawal     110
Objection 111
Consent to an accounting 112
Powers of court     113
Notice of objection 114
Examination of accounts by an accountant     115
Access to records   116
Report    117

     Part 4
     Dependent Adults

Application of Part 118
Contents of financial statements   119
Acceptable documentation 120
Required forms 121
Application by an interested person     122
Parties   123
Reply     124
Accounting given    125
Objection to accounting formally   126
Consent to accounting formally or filing inventory     127
Powers of court     128
Reference to Public Trustee   129
Examination of accounts by an accountant     130
Access to records   131
Report    132
Approving and dispensing with passing accounts    133
Proceeding without notice     134
Court order    135
Public Trustee 136

     Part 5
     Transitional, Repeal and Commencement

Application of Rules     137
Deposit of will of a living person 138
Repeal    139
Coming into force   140

Schedule 1 - Legal and Personal Representative Compensation
Schedule 2 - Court Fees
Schedule 3 - Forms


Definitions
1   In these Rules,

     (a)  "Act" means the Surrogate Court 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.


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.


Reference to another court
3(1)  If at any time the Surrogate Court is of the opinion that a matter
before it is in the jurisdiction of the Court of Queen's Bench, the
Surrogate Court may refer that matter to the Court of Queen's Bench, which
may deal with it without further application.

(2)  If at any time the Court of Queen's Bench is of the opinion that a
matter before it is in the jurisdiction of the Surrogate Court, the Court
of Queen's Bench may refer that matter to the Surrogate Court, which may
deal with it without further application.


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 particular 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.


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 husband or wife of the deceased;

     (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)  Unless the court, on application, orders otherwise, preference must be
given to a person living in Alberta if applicants for a grant of
administration have equal priority under subrules (1) or (2) but some live
outside Alberta.

(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.


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)     Form NC 21;

               (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.

(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 30(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.


     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 spouse of a witness, an
application made with respect to the will must indicate that the gift is
void.


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 judge 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 in exhibit A to the
affidavit of             , a witness to this will.
                                  
     (Applicant's Signature)
                                         
     (A Commissioner for Oaths)
                                           
     (Judge of the Surrogate Court)

     (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)


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 in foreign language
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 or Form NC 24 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 single 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.


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
guarantee insurance as defined in that Act.

(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.


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   On an application for a grant of administration or a grant of
administration with will annexed, in accordance with rule 11 the persons
entitled to administration may nominate in Form NC 16 a person to be the
personal representative.


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 alternative personal representative named in a will may apply for a
grant of double probate if it is necessary for the alternative personal
representative to complete the administration of the estate.

(4)  The original grant of probate must be surrendered with an  application
under this rule.


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 30 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.


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 30(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.


Unadmin- istered 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 alternative 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).


     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 7 days between the publications.


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 41(6) of the
Administration of Estates Act by filing a notice of motion in Form C1 and
an affidavit in Form C2.


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   An applicant under this Division must provide a bond unless the court
dispenses with the bond.


Dispensing with bond
53   An applicant may apply to dispense with a bond by filing an affidavit
in Form NC 47.


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)  convicts;

     (k)  unpaid claimants;

     (l)  bonding companies;

     (m)  a group of persons with identical interests ordered to be a
class by the court.


Commence- ment 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 or a convict
is a person interested in an estate, the applicant must serve the Public
Trustee with notice of the application.


Service
60(1)  Service may be made on a person

     (a)  personally or by double 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.


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.


Represen- tation
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 judge in
chambers unless the court or these Rules require otherwise.


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 41 of the Alberta Evidence Act applies, or

     (b)  the court orders otherwise.


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;

     (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 or convicts;

     (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.


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.


Hearing in chambers
83(1)  Despite rule 85, 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.


Evidence
84(1)  Evidence at a hearing in chambers referred to in rule 83 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 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.


Trial
85(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.


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 Surrogate Court)  (seal)


     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.


     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, but each entry must 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.


Acceptable documen- tation
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)  all signed releases in Form ACC 12.

(2)  A personal representative need not serve a beneficiary from whom the
personal representative has received a signed release under rule 100.


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)  all signed releases in Form ACC 12;

     (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.


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, missing person or convict 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.


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
dependant adult pursuant to a trusteeship order.

(2)  Words used in this Part have the meaning given to them under the
Dependent Adults Act.


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.

(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.


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, 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.


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

Application of Rules
137(1)  Unless the court orders otherwise, these Rules apply to all estates
whether or not the administration of the estate was commenced before these
Rules come into force.

(2)  Any proceeding to which these Rules would otherwise apply that was
begun in the Court of Queen's Bench before these Rules come into force
continues as if these Rules had not been enacted unless the Court of
Queen's Bench orders otherwise.


Deposit of will of a living person
138(1)  The clerk must not accept a will for deposit with the court after
the date on which these Rules come into force.

(2)  Rule 41 of the Surrogate Rules (Alta. Reg. 20/71) continues to apply
to any will on deposit for safekeeping with the court on the date on which
these Rules come into force.


Repeal
139   Subject to rule 138, the Surrogate Court Rules (Alta. Reg. 20/71) are
repealed.


Coming into force
140   These Rules come into force on the date on which section 47(1) of the
Miscellaneous Statutes Amendment Act, 1992 comes into force.


     SCHEDULE 1

     LEGAL AND PERSONAL
     REPRESENTATIVE COMPENSATION

Definition
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 representa-tives' 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 representa-tives' 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 to receive notices under the
Family Relief Act and Matrimonial Property Act, if necessary;

     (g)  arranging for dependants to receive notices under the Family
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.


     SCHEDULE 2

     COURT FEES

1   For issuing grants of probate or letters of 
administration or resealing grants, excluding 
trusteeship but including 1 certified copy of 
the document, where the net value of property 
in Alberta is

     (a)  $10 000 or under    $   25

     (b)  over $10 000 and not more
          than $25 000   $  100

     (c)  over $25 000 and not more
          than $50 000   $  200

     (d)  over $50 000 and not more
          than $100 000  $  400

     (e)  over $100 000 and not more
          than $250 000  $  600

     (f)  over $250 000 and not more
          than $500 000  $ 1500

     (g)  over $500 000 and not more
          than $1 000 000     $ 3000

     (h)  over $1 000 000     $ 6000.

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













































































































































































































































































































































































     Alberta Regulation 131/95

     Mines and Minerals Act

     PRESCRIBED AMOUNTS (PETROLEUM ROYALTY)
     AMENDMENT REGULATION

     Filed:  June 15, 1995

Made by the Minister of Energy (M.O. 22/95) pursuant to section 1.1 of the
Petroleum Royalty Regulation (Alta. Reg. 248/90).


1   The Prescribed Amounts (Petroleum Royalty) Regulation (Alta. Reg.
47/93) is amended by this Regulation.


2   The following is added after section 31:

     32   The following are prescribed for the month of June, 1995:

               (a)  the old non-heavy oil par price is $151.00 per
cubic metre;

               (b)  the old heavy oil par price is $130.00 per cubic
metre;

               (c)  the new non-heavy oil par price is $151.00 per
cubic metre;

               (d)  the new heavy oil par price is $130.00 per cubic
metre;

               (e)  the third tier non-heavy oil par price is $151.00
per cubic metre;

               (f)  the third tier heavy oil par price is $130.00 per
cubic metre;

               (g)  the old non-heavy oil royalty factor is 3.033629;

               (h)  the old heavy oil royalty factor is 3.033956;

               (i)  the new non-heavy oil royalty factor is 3.041356;

               (j)  the new heavy oil royalty factor is 3.037850;

               (k)  the third tier non-heavy oil royalty factor is
3.059353;

               (l)  the third tier heavy oil royalty factor is
3.102967;

               (m)  the old non-heavy oil select price is $25.54 per
cubic metre;

               (n)  the old heavy oil select price is $25.54 per cubic
metre;

               (o)  the new non-heavy oil select price is $81.40 per
cubic metre;

               (p)  the new heavy oil select price is $54.91 per cubic
metre;

               (q)  the third tier non-heavy oil select price is
$116.83 per cubic metre;

               (r)  the third tier heavy oil select price is $116.83
per cubic metre;

               (s)  the adjustment factor for old non-heavy oil is
1.005864.