O.C. 550/2009
A.R. 306/2009
November 4, 2009
The Lieutenant Governor in Council makes the Surrogate Rules Amendment Regulation set out in the attached Appendix.
APPENDIX
Court of Queen's Bench Act
SURROGATE RULES AMENDMENT REGULATION
1 The Surrogate Rules (AR 130/95) are amended by this Regulation.
2 Rules 11(3), 11(3.1) and 11(3.2) are repealed and the following is substituted:
(3) Between applicants of equal preference under subrule (1) or (2), preference must be given
(a) to an applicant living in Alberta, or
(b) in the case of subrule (2)(a), to the applicant who last lived with the deceased before the deceased’s death,
unless the court, on application, orders otherwise.
3 Rule 33 is repealed and the following is substituted:
Nominations
33(1) A person entitled to a grant of administration may nominate, in Form NC 16, a person to be the personal representative for the purpose of applying for a grant of administration.
(2) A person expressly authorized in a will to appoint a personal representative may nominate, in Form NC 16, a person to be the personal representative for the purpose of applying for a grant of administration or probate.
4 Rule 103(1)(d) is repealed.
5 Rule 107(1)(d) is repealed.
6 Form NC 8 is repealed and the following is substituted:
NC 8
TESTATOR NAME
DOCUMENT Affidavit of witness to a will
DEPONENT’S NAME
EXHIBIT ATTACHED A: Original will dated
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1. I am one of the subscribing witnesses to the last will of the deceased, .
2. The will is dated __________ and is marked as Exhibit A to this affidavit.
3. When the deceased signed the will, I believe the deceased understood that the document being signed was the deceased’s will. [Strike out if deponent did not know or was not told it was the deceased’s will.]
4. When the deceased signed the will, I believe the deceased was competent to sign the will. [Strike out if deponent did not know or was not told it was the deceased’s will.]
5. The deceased, myself and the other witness to the will, __________, were all present together when the witnesses and the deceased signed the will.
6. Before the deceased signed the will, the deceased made the following changes to it:
6.1 .
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date:
7 Form C 8 is repealed and the following is substituted:
C 8
COURT FILE NUMBER
COURT Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL DISTRICT
ESTATE NAME
PROCEDURE Formal proof of will
DOCUMENT Notice to persons interested in the estate
To:
Name
Complete address
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THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA, JUDICIAL DISTRICT OF ON PLACE TIME NOTICE TO THE RESPONDENT(S) |
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This is to notify you that if you do not attend either in person or by your lawyer before the court at the time and place shown above, the court may give the applicant(s) what they want in your absence. You will be bound by any order the court makes. |
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Alternatively, another order might be given or other proceedings taken, which the applicant(s) are entitled to without any further notice of them to you. Therefore, if you want to take part in this application, you or your lawyer must attend in court on the date and time described. |
1. The personal representatives named in the deceased’s will, dated __________, have applied for formal proof of that will. This is necessary because the validity of the will has been attacked on the grounds that .
2. If the court finds this will to be valid, then the court will admit the will to probate and the will’s provisions will govern the disposition of the estate property that is dealt with in the will.
3. If the court finds this will to be invalid, then the court will consider
3.1 whether any previous wills of the deceased are valid and govern the disposition of the estate property, or
3.2 whether the deceased died intestate, that is, without a will. In that case, the provisions of the Intestate Succession Act will determine who will receive the estate property.
4. You are a person interested in the estate as defined in the Surrogate Rules because you are .
5. Enclosed with this notice is a copy of the application for formal proof of the will of the deceased. This includes copies of the will(s) and a schedule of the inventory of the estate property.
6. The court process to be followed is in accordance with Surrogate Rules 83 and 84.
7. You can contact __________ at __________, phone __________, for any further information you may need.
Personal Representative Date
Name:
Complete address:
Lawyers for Personal Representative(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
8 Form ACC 2 is repealed and the following is substituted:
ACC 2
COURT FILE NUMBER
COURT Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL DISTRICT
ESTATE NAME
PROCEDURE Application by the personal
representative(s) to pass
accounts formally
DOCUMENT Affidavit
DEPONENT(S) NAME(S)
DOCUMENTS ATTACHED Financial statements
THE DEPONENT(S) SWEAR UNDER OATH OR AFFIRM THAT THE FOLLOWING INFORMATION IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
Applicant(s)
1. The applicant(s) are the personal representative(s) of the estate.
Respondents
2. The respondents are all the persons interested in the estate as defined in the Surrogate Rules.
Releases
3. The following persons are residuary beneficiaries of the estate and have signed releases indicating their approval of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution:
Release #1: _____________(Name)________
Release #2: _____________(Name)________
4. The other respondent residuary beneficiaries, who have all received releases but have not signed them nor communicated with the applicant(s) about the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution, are ___________.
4.1 The applicant(s) do not know what position these respondents take.
or
4.2 The
position of respondent _________________ is attached or is as follows:
________________________________________________.
Service of documents
5. Copies of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution have been given or mailed to all the respondents either at their last known addresses or in care of their lawyers of record.
6. The respondents will be served in the manner prescribed in the Surrogate Rules with:
6.1 ACC 1 Application, including notice of hearing
6.2 ACC 2 Affidavit of the personal representative(s)
6.3 ACC 3 Notice of objection
Financial statements
7. The financial statements:
7.1 Are an accurate statement of the administration of the estate.
7.2 Show all the property and debts of the deceased that the personal representative(s) have been able to ascertain.
7.3 Show all the property received and debts and claims paid by the personal representative(s).
7.4 Are for the period to .
7.5 Are __________ accounting.
Claimants
8. Claimants and amounts not yet paid are:
8.1 .
Advertising for creditors and claimants
9.
Distribution
10. No distribution of the deceased’s property has been made except as is reflected in the financial statements.
11. Once the court approves the financial statements, the personal representative(s) undertake to distribute the estate property as set out in the schedule of distribution.
Special matters
12. .
Compensation
13. Compensation for the personal representative(s) is based on:
14. .
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date:
9 Form ACC 11 is repealed and the following is substituted:
ACC 11
COURT FILE NUMBER
COURT Court of Queen’s Bench of Alberta (Surrogate Matter)
JUDICIAL DISTRICT
ESTATE NAME
PROCEDURE Application by the personal representative(s) to dispense with a formal passing of accounts and to pass accounts informally
DOCUMENT Affidavit
DEPONENT(S) NAME(S)
DOCUMENTS ATTACHED Financial statements
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE FOLLOWING INFORMATION IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
Applicants
1. The applicant(s) are the personal representative(s) of the estate.
Respondents
2. The respondents are all the persons interested in the estate as defined in the Surrogate Rules who have not signed releases.
Releases
3. The following persons who are residuary beneficiaries of the estate have signed releases indicating their approval of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution:
Release #1: _____________(Name)________
Release #2: _____________(Name)________
4. The other respondent residuary beneficiaries, who have all received releases but have not signed them nor communicated with the applicant(s) about the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution, are .
4.1 The applicant(s) do not know what position these respondents take.
or
4.2 The position of respondent _________________ is attached or is as follows:
_______________________________________.
Service of documents
5. Copies of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution have been mailed to all the persons interested in the estate either at their last known addresses or in care of their lawyers of record.
6. The respondents will be served in the manner prescribed in the Surrogate Rules with:
6.1 ACC 10 Application, including notice of hearing
6.2 ACC 11 Affidavit of the personal representative(s)
6.3 ACC 3 Notice of objection
Financial statements
7. The financial statements:
7.1 Are an accurate statement of the administration of the estate.
7.2 Show all the property and debts of the deceased that the personal representative(s) have been able to ascertain.
7.3 Show all the property received and debts and claims paid by the personal representative(s).
7.4 Are for the period __________ to __________.
7.5 Are __________ accounting.
Claimants
8. Claimants and amounts not yet paid are:
8.1 .
Advertising for creditors and claimants
9. .
Distribution
10. No distribution of the deceased’s property has been made except as is reflected in the financial statements.
11. Once the court approves the financial statements, the personal representative(s) undertake to distribute the estate property as set out in the schedule of distribution.
Compensation
12. Compensation for the personal representative(s) is based on :
13. .
Reasons for application
14. The applicant(s) are applying for this order because .
Special matters
15. .
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent Commissioner’s Name:
Appointment Expiry Date: