O.C. 22/2012

A.R. 10/2012

January 20, 2012


            The Lieutenant Governor in Council makes the Surrogate Rules Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:            Minister of Justice and Attorney General

Authority:                             Judicature Act
                                                (section 28.1)


APPENDIX

Judicature Act

SURROGATE RULES AMENDMENT REGULATION

1   The Surrogate Rules (AR 130/95) are amended by this Regulation.

 

2   Rule 1 is amended in clause (i) by adding “, except in rule 54.1,” before “includes”.

 

3   Rule 4 is repealed and the following is substituted:

Application for directions

4(1)  A personal representative or a person interested in an estate may apply in Form C 1 to the court for directions at any time.

(2)  On an application for directions, the court may consider

                                 (a)    practice, procedural or other issues or questions and ways to resolve them, and

                                 (b)    any other matter that may aid in the resolution or facilitate the resolution of a claim, application or proceeding or otherwise fairly or justly resolve the matter for which direction is sought.

 

4   Rule 11(2) is amended

                                 (a)    in clause (d) by striking out “issue” and substituting “descendants”;

                                 (b)    in clause (h) by striking out “of closest and equal degree of consanguinity” and substituting “determined in accordance with sections 67 and 68 of the Wills and Succession Act”.

 

5   Rule 13(1)(b) is amended by adding the following after subclause (ix):

                                 (x)    Form NC 20.1.

 

6   Rule 14 is repealed and the following is substituted:

Void gift

14   Subject to the reinstatement of a gift by the court under section 40 of the Wills and Succession Act, an application made with respect to a will must indicate that a gift is void if the will provides for a gift to a beneficiary who

                                 (a)    is a witness to the will,

                                 (b)    is an individual who signed the will on behalf of the testator under section 19(1) of the Wills and Succession Act,

                                 (c)    is an interpreter who provided translation services in respect of the making of the will, or

                                 (d)    is, within the meaning of section 21(3) of the Wills and Succession Act, the spouse or adult interdependent partner of an individual described in clause (a), (b) or (c).

 

7   Rule 21 is repealed and the following is substituted:

Minor testator

21   If the deceased was under 18 years of age at the time the will was made, the applicant must prove that the deceased at that time

                                 (a)    had a spouse or adult interdependent partner,

                                 (b)    was a member of

                                           (i)    a regular force as defined in the National Defence Act (Canada), or

                                          (ii)    another component of the Canadian Forces and was, at the time of making the will, placed on active service under the National Defence Act (Canada),

                                 (c)    was authorized to make, alter or revoke a will by an order of the court under section 36 of the Wills and Succession Act, or

                                 (d)    in respect of a will made before the coming into force of the Wills and Succession Act, was a person described in section 9(1)(c) or (3) of the Wills Act.

 

8   Rule 26(1) is amended by striking out “and” at the end of clause (a) and adding the following after clause (a):

                              (a.1)    in Form NC 20.1 to the appropriate persons, if any, and

 

9   Rule 40(2) is amended by striking out “a notice of motion” and substituting “an application”.

 

10   The following is added after rule 54:

Division 3
Making, Altering or Revoking of
a Will by a Minor

Application under Wills and Succession Act

54.1(1)  In this section, “minor” means an individual referred to in section 36(1) of the Wills and Succession Act.

(2)  An application for the purposes of section 36 of the Wills and Succession Act must be made by filing Form C 14, and an accompanying affidavit in Form C 2, with the court.

(3)  The form and affidavit referred to in subrule (2) must be served at least 5 days before the hearing of the application, unless the court permits a shorter period for service, on the Public Trustee, the parents of the minor, the guardians of the minor and the trustee of the estate of the minor, if any, and anyone else as directed by the court.

(4)  The court may dispense with service of the documents referred to in subrule (2) on any person.

 

11   Rule 57 is amended by repealing clause (n) and substituting the following:

                                 (n)    family members as defined in section 72(b) of the Wills and Succession Act;

                                 (o)    any person who has filed a Form C 1 for a matter relating to the estate.

 

12   Rule 58(a) is amended by striking out “a notice of motion” and substituting “an application”.

 

13   The following is added after rule 58:

Reply and demand for notice

58.1(1)  For the purposes of Divisions 1.1 and 3, where an application has been filed under rule 58 or 70.1, any person required under rule 57 to be served with the application may file a reply in Form C 2.1, accompanied with an affidavit in Form C 2, if evidence is submitted, or a demand for notice in Form C 2.2.

(2)  A demand for notice may be filed and served at any time before the resolution of the matter.

(3)  A reply and accompanying affidavit, if any, must be filed and served 5 days or more before the returnable date stated in the application or as directed by the court.

 

14   Rule 59(1) is amended by striking out “on all the persons interested in the estate, if any” and substituting “on the persons listed in rule 57 who are interested in the estate, if any”.

 

15   Rule 64(1) is amended by adding the following after clause (b):

                              (b.1)    direct a person to file a reply, accompanied with an affidavit, if evidence is to be submitted, or a demand for notice;

 

16   Rule 68 is amended by adding “or a document that is alleged to be a testamentary document” after “production of a testamentary document”.

 

17   The following is added after rule 70:

Division 1.1
Applications under Various Acts

Applications under various Acts

70.1(1)  An application for the purposes of section 37, 38, 39(1), 40(1), any provision of Part 5 or section 109 of the Wills and Succession Act must be commenced by filing Form C 1 accompanied with an affidavit in Form C 2.

(2)  An application for the purposes of section 80.1 of the Family Law Act may be commenced by filing Form C 1 accompanied with an affidavit in Form C 2.

(3)  Rule 75(3) and (4) apply to applications referred to in subrule (1).

(4)  For the purpose of establishing whether an application referred to in subrule (1) was made within 6 months after the grant, the relevant date is the date of filing of the Form C 1 under that subrule.

Powers of the court

70.2   For greater certainty, on an application under this Division the powers of the court include those set out in rules 62, 64, 66, 68, 69, 70, 77(4) and 90.

Parties, etc.

70.3   Rules 56, 83, 85, 88 and 91 apply to applications under this Division.

Service

70.4   Subject to section 91 of the Wills and Succession Act, service of an application under this Division must be made on the persons listed in rule 57 who are interested in the estate and the application, if any, or as otherwise directed by the court.

Notice

70.5   Notice of an application under this Division must be given to the persons required to be served under rule 70.4 in accordance with rule 61.

Rules that apply to service of documents

70.6   Rules 59 and 60 apply to the service of documents under this Division.

Proceedings in chambers

70.7   Rule 63 applies to an application under this Division.

Witness fees

70.8   Any person who appears as a witness at a hearing under this Division

                                 (a)    is entitled to an allowance in accordance with Schedule B, Division 3 of the Alberta Rules of Court (AR 124/2010), and

                                 (b)    may be given a preparation allowance and any additional allowances in amounts specified by the court.

Disclosure of financial information in family
maintenance and support applications

70.9(1)  Subject to subrule (3), a family member who receives a request under section 95(2) of the Wills and Succession Act from the personal representative of the deceased’s estate must provide the personal representative with the following financial information:

                                 (a)    an affidavit respecting the family member’s income, assets and liabilities, including

                                           (i)    assets held jointly,

                                          (ii)    any property or benefit that the family member expects or claims by reason of the deceased’s death to receive under the Matrimonial Property Act, the Dower Act, Part 5, Division 2 of the Wills and Succession Act or otherwise, and

                                         (iii)    any interest in an estate, whether vested or contingent;

                                 (b)    a copy of every personal income tax return filed by the family member for each of the 3 most recent taxation years or, if a tax return has not been filed for the previous year, a copy of the family member’s T4, T4A and all other relevant tax slips and statements disclosing any and all sources of income for the previous year;

                                 (c)    a copy of every notice of assessment or reassessment issued to the family member for each of the 3 most recent taxation years, or a copy of the Canada Revenue Agency printout of the last 3 years’ income tax returns;

                                 (d)    if the family member is an employee, a copy of each of the family member’s 3 most recent statements of earnings indicating total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the employer setting out that information and the rate of annual salary or remuneration;

                                 (e)    if the family member receives income from employment insurance, social assistance, a pension, workers’ compensation, disability payments, dividends or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year or, if such a statement is not provided, a letter from the appropriate authority stating the required information;

                                  (f)    if the family member is a student, a statement indicating the total amount of student funding received during the current academic year, including loans, grants, bursaries, scholarships and living allowances;

                                 (g)    if the family member is self‑employed in an unincorporated business,

                                           (i)    particulars of every payment issued to the family member during the 6 most recent weeks from any business or corporation in which the family member has an interest or to which the family member has rendered a service,

                                          (ii)    the financial statements of the family member’s businesses or professional practices for the 3 most recent taxation years, and

                                         (iii)    a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to the family member or to individuals or corporations with whom the family member does not deal at arm’s length for the 3 most recent taxation years;

                                 (h)    if the family member is a partner in a partnership, confirmation of the family member’s income and draw from, and capital in, the partnership for its 3 most recent taxation years;

                                  (i)    if the family member has an interest of 1% or more in a privately held corporation,

                                           (i)    the financial statements of the corporation and any subsidiaries of it for its 3 most recent taxation years,

                                          (ii)    a statement showing a breakdown of all salaries, wages, management fees and other payments or benefits paid to the family member, or to individuals or corporations with whom the corporation, and every related corporation, does not deal at arm’s length for the 3 most recent taxation years, and

                                         (iii)    a record showing the family member’s shareholder’s loan transactions for the past 12 months;

                                  (j)    if the family member is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s 3 most recent financial statements;

                                 (k)    copies of all bank account statements solely or jointly in the family member’s name for the past 6 months;

                                  (l)    copies of credit card statements for all credit cards solely or jointly in the family member’s name for the past 3 months;

                                (m)    copies of the most recent statements for all RRSPs, TFSAs, RRIFs, insurance policies, pensions, term deposit certificates, guaranteed investment certificates, stock accounts, stock options, including deferred compensation units, and other investments or holdings in the family member’s name or in which the family member has an interest;

                                 (n)    copies of any matrimonial property agreement, minutes of settlement, judgments or orders the family member had with the deceased relating to the division of property, spousal support or child support obligations;

                                 (o)    the family member’s monthly budget of expenses.

(2)  Subject to subrule (3), a personal representative of a deceased’s estate who receives a request under section 95(2) of the Wills and Succession Act from a family member must provide the family member with the following financial information if it is or may reasonably be expected to be in the possession of the personal representative:

                                 (a)    an inventory of property and debts in Form NC 7;

                                 (b)    a description and appraisal or valuation of any property owned by the deceased or in which the deceased had an interest at the time of death;

                                 (c)    a list of all bank accounts or other property held jointly by the deceased at the time of death;

                                 (d)    a list, including a statement of value, of all RRSPs, TFSAs, RRIFs, insurance policies, pensions, term deposit certificates, guaranteed investment certificates, stock accounts, stock options, including deferred compensation units, and other investments or holdings in the deceased’s name at the time of death, and the names of any designated beneficiaries in relation to them;

                                 (e)    if the deceased at the time of death was the beneficiary of a trust or held a power of appointment over property, a description of the property, its value and the disposition of the property;

                                  (f)    copies of any matrimonial property agreement and any minutes of settlement, judgments or orders the deceased had relating to the division of property or spousal support or child support obligations;

                                 (g)    a copy of all terminal tax returns for the deceased’s estate;

                                 (h)    a description of any other property in which the deceased had an interest at the time of death.

(3)  No document is required to be disclosed under subrule (1) or (2) unless the document is relevant and material to the determination of maintenance and support in the application.

(4)  A person who has been requested to provide financial information under section 95 of the Wills and Succession Act must do so within

                                 (a)    one month if the person resides in Canada, or

                                 (b)    2 months if the person resides in a country other than Canada.

(5)  An application under section 95(4) or (5) of the Wills and Succession Act may be made by filing and serving Forms C 1 and C 2 in accordance with rules 60 and 61 on the person who was requested to provide the financial information.

 

18   Rule 84(2)(c) is amended by striking outWills Actand substitutingWills and Succession Act”.

 

19   Schedule 1, Part 2, Table 1 is amended

                                 (a)    in section 3 by striking out “the Intestate Succession Actand substituting “Part 3 of the Wills and Succession Act”;

                                 (b)    in section 5(f) by striking out “the Dependants Relief Actand substituting “Part 5, Division 2 of the Wills and Succession Act”;

                                 (c)    by repealing section 5(g) and substituting the following:

                                          (g)    arranging for family members to receive notices under Part 5, Division 2 of the Wills and Succession Act, if necessary;

 

20   Schedule 3 is amended

                                 (a)    in Form NC 2

                                           (i)    by adding the following after item 4.2:

           4.21       NC 20.1    Notice of void gift

                                          (ii)    by repealing items 4.5 and 4.6 and substituting the following:

           4.5         NC 23        Notice to spouse/adult interdependent partner of                                 deceased
                                Family Maintenance and Support

           4.6         NC 24        Notice to a dependent child or minor grandchild or                              great-grandchild of the deceased
                                Family Maintenance and Support

                                         (iii)    by adding the following after item 6:

7.        The following special or unusual circumstances exist in relation to this estate: ________________________________________.

                                 (b)    by repealing Form NC 3 and substituting the following:

                                                                                                               NC 3

ESTATE NAME

DOCUMENT

                                                       

Schedule 1: Deceased

                                                      

Name

And any other name(s) by
which known

Last residence address in full

Date of birth

Place of birth

Date of death

Place of death

Habitual province/state of
residence

The deceased died

 



                                                       

                                                       

                                                       

                                                       

                                                       

                                                       

 

                                                       

Testate:                                    

Intestate:                                  

After a thorough search of all likely places, no testamentary paper of the deceased has been found.

IMMEDIATE FAMILY

Indicate whether there are any persons in each of the following categories of relationship to the deceased, and provide the indicated details.

SPOUSE

  Yes    No

If yes, provide the following information about the spouse:

               Name:                                                                                              

               Complete address:                                                                          

ADULT INTERDEPENDENT PARTNER

  Yes    No

If yes, provide the following information about the adult interdependent partner:

               Name:                                                                                              

               Complete address:                                                                          

                      the adult interdependent partner lived with the deceased in a relationship of interdependence

                                for a continuous period of not less than 3 years commencing                          and ending                              .

                           □   of some permanence of which there is a child

                                        born                             

                                                             date

                                        adopted                        

                                                             date

                      the adult interdependent partner entered into an adult interdependent partner agreement with the deceased which agreement is dated                .

                           The adult interdependent partner

                              is

                              is not

                           related to the deceased by blood or adoption.

FORMER SPOUSE(S)

  Yes    No

If yes, provide the following information about each former spouse:

Name:                                                                                               

Complete address:                                                                            

Date of death (if applicable):                                                            

Date of divorce (if applicable):                                                         

CHILDREN

  Yes    No

If yes, provide the following information about each child:

Name:                                                                                               

Complete address:                                                                            

Age:                                                 Date of birth:                             

Date of death (if applicable):                                      

Died leaving children:                         

               At the time of the deceased’s death, this child was:

                      under 18 years of age;

                      an adult who is unable to earn a livelihood by reason of mental or physical disability;

                      between the ages of 18 and 22 and unable to withdraw from his or her parents’ charge because he or she is a full‑time student.  (Complete only if date of death is after February 1, 2012.)

If there is a surviving spouse or adult interdependent partner, check one:

                      All of the deceased’s children are also children of the deceased’s surviving spouse or adult interdependent partner.

                           OR

                      Some or all of the deceased’s children are not children of the deceased’s surviving spouse or adult interdependent partner (provide names).

GRANDCHILDREN OR GREAT-GRANDCHILDREN

(Complete the following section relating to grandchildren or great‑grandchildren only if date of death is after February 1, 2012.)

Grandchildren or great‑grandchildren of the deceased

(a)  who were under 18 years of age at the time of the deceased’s death,

(b)  in respect of whom the deceased, during life, demonstrated a settled intention to treat as his or her own child,

(c)  whose primary home, since birth or for at least 2 years immediately before the grandparent’s death, was with the grandparent, and

(d)  whose primary financial support, since birth or for at least 2 years immediately before the grandparent’s death, was provided by the grandparent.

 

  Yes    No

If yes, provide the following information about each grandchild or great‑grandchild:

Name:                                                                                               

Complete address:                                                                            

Age:                                                 Date of birth:                             

                                 (c)    by repealing Form NC 4 and substituting the following:

NC 4

ESTATE NAME                                                                                           

DOCUMENT                                              Schedule 2: Will                     

Date of will:                                  

Deceased’s age at date of will:      

Name of first witness:                  

Name of second witness:              

(Complete this section if the will was made before February 1, 2012:) 

The deceased married or entered into an adult interdependent partner agreement after the date the will was made and before February 1, 2012.

  Yes

  No

(Delete if resealing:) To the best of the personal representative’s(s) information and belief, this is the deceased’s original last will.

(Delete if resealing:) The personal representative(s) has (have) examined the will and observes that                                                                                          .

                                 (d)    by repealing Form NC 6 and substituting the following:

                                                                                                               NC 6

ESTATE NAME                                                                                           

DOCUMENT                                             Schedule 4: Beneficiaries      

(For each beneficiary, provide the following information.)

Name:                                           

Relationship:                                

Complete address:                        

Age:                                              

Nature of gift:                               

Paragraph number of will:            

Section number (intestacy):          

(indicate whether under the

Wills and Succession Act or

Intestate Succession Act)

Except as otherwise provided, all beneficiaries are mentally capable.

VOID GIFTS 

  No void gifts.

(Complete this section if the will of the deceased was made prior to February 1, 2012:)

The gift to           (beneficiary)           is void because he or she: (check one)

  is a witness to the will.

  at the time the will was made was the spouse or adult interdependent partner of a witness to the will.

(Complete this section if the will of the deceased was made after February 1, 2012:)

The gift to           (beneficiary)           is void because he or she: (check one)

  is a witness to the will.

  at the time the will was made was the spouse or adult interdependent partner of a witness to the will.

  signed the will on behalf of the deceased.

  at the time the will was made was the spouse or adult interdependent partner of the person who signed the will on behalf of the deceased.

  was an interpreter who provided translation services in respect of the making of the will.

  at the time the will was made was the spouse or adult interdependent partner of the interpreter who provided translation services in respect of the making of the will.

REVOKED GIFTS

  No revoked gifts.

  The gift to __________________ is revoked because the deceased and __________________ were divorced on a date that occurred

                                 (a)    after the will was made, and

                                 (b)    on or after February 1, 2012.

  The gift to __________________ is revoked because the deceased and __________________ ceased to be adult interdependent partners on a date that occurred

                                 (a)    after the will was made, and

                                 (b)    on or after February 1, 2012.

                                 (e)    in Form NC 7 by striking out “LAND AND BUILDINGS” and substituting the following:

LAND AND BUILDINGS IN ALBERTA

Location of Property:                     (provide municipal address or, if none, closest village, town or city).

Legal description of Property:                  

                                  (f)    by adding the following after Form NC 20:

                                                                                                         NC 20.1

ESTATE NAME                                                                                           

DOCUMENT                                                 Notice of void gift                

To:                  (name)                   

Complete address:                        

You are named as a beneficiary in the last will of _______________. The personal representative(s) named in the will have applied for a grant of probate or administration with will annexed, as applicable.

Choose one:

    Void residuary gift

Enclosed with this notice is a copy of the application for grant of probate or administration with will annexed, as applicable. This includes a copy of the will and a list of the estate property and debts. The will states that you are to receive part of the residue of the estate.

    Void specific gift

The will states that you are to receive   (specify gift)  .

The gift made to you is void because: (check one)

    you are a witness to the will.

    at the time the will was made you were the spouse or adult interdependent partner of a witness to the will.

    the will was made after February 1, 2012 and you signed the will on behalf of the deceased.

    the will was made after February 1, 2012 and at the time the will was made you were the spouse or adult interdependent partner of the person who signed the will on behalf of the deceased.

    the will was made after February 1, 2012 and you were an interpreter who provided translation services in respect of the making of the will.

    the will was made after February 1, 2012 and at the time the will was made you were the spouse or adult interdependent partner of the interpreter who provided translation services in respect of the making of the will.

When the court issues the grant, the personal representative(s) will collect the estate property, pay the debts, complete the administration of the estate and anything else required of the personal representative(s). Then they will be in a position to distribute the estate.

You may make an application to the court to validate the gift made to you.

There are some time requirements that must be met. You must begin any application within 6 months after the date the court issues the grant of probate or administration with will annexed, as applicable.

If you want to take this further, you must consult your own lawyer immediately.

Personal representative                                                           Date:              

Name:                                                                                                            

Complete address:                                                                                         

Lawyer for personal representative                                         Date:              

Responsible lawyer:                                                                                       

Firm name:                                                                                                    

Complete address:                                                        Phone no.:                

Fax no.:                                                                              File no.:               

                                 (g)    in Form NC 21 by striking out “the Intestate Succession Actand substituting “Part 3 of the Wills and Succession Act”;

                                 (h)    in Form NC 22 by striking out “issued” and substituting “issues”;

                                  (i)    in Form NC 23

                                           (i)    immediately under the title “Notice to spouse/adult interdependent partner of deceased” by striking outDependants Relief Actand substituting “Family Maintenance and Support”;

                                          (ii)    by striking out “The Dependants Relief Act gives rights to a spouse/adult interdependent partner that allow” and substituting “Part 5, Division 2 of the Wills and Succession Act allows”;

                                         (iii)    by striking out “more or all of” and substituting “maintenance and support from”;

                                         (iv)    by striking out “more if” and substituting “more or all of the estate if”;

                                          (v)    by striking out “issued” and substituting “issues”;

                                  (j)    by repealing Form NC 24 and substituting the following:

                                                                                                             NC 24

ESTATE NAME                                                                                           

DOCUMENT                                       Notice to dependent child or minor grandchild or   great‑grandchild of the deceased

                                                               Family Maintenance and Support

                                                                                                                       

To:             Name of Child/Trustee/Parent/Guardian (as applicable):           

                   Complete address:                                                                      

On behalf of the dependent (child, grandchild or great‑grandchild):

                                                        

Enclosed with this notice is a copy of the application for a grant of ______.  The law requires that this notice must be given to you because you may be entitled to make a claim for maintenance and support from the estate of the deceased,                                                  , but you have not been given all the property in the estate.

Part 5, Division 2 of the Wills and Succession Act allows the following persons to apply to the court to receive more or all of the estate:

    a child of the deceased who is under the age of 18 years at the time of the deceased’s death;

    a child of the deceased who is at least 18 years of age at the time of the deceased’s death and unable to earn a livelihood by reason of mental or physical disability;

    a child of the deceased who, at the time of the deceased’s death, is at least 18 but under 22 years of age and unable to withdraw from his or her parents’ charge because he or she is attending school full‑time;

    a grandchild or great‑grandchild of the deceased

(a)  who was under 18 years of age at the time of the deceased’s death,

(b)  in respect of whom the deceased, during life, demonstrated a settled intention to treat as his or her own child,

(c)  whose primary home, since birth or for at least 2 years immediately before the grandparent’s death, was with the grandparent, and

(d)  whose primary financial support, since birth or for at least 2 years immediately before the grandparent’s death, was provided by the grandparent.

The court can change the distribution of the estate and give you more or all of the estate if the court decides you are a qualified applicant and the circumstances warrant it.

There are some time requirements that must be met before the court can hear any application. You should begin your application within 6 months after the date the court issues the grant of probate or administration. After that, the personal representative may distribute the estate property and you can only apply if the court lets you. You can then only ask for some or all of the property in the estate that is still undistributed at that time.

If you want to take this further, you must consult your own lawyer immediately.

                                                                                                                        

Personal Representative                                                            Date             

Name:                                                                                                            

Complete address:                                                                                         

I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE APPLICATION FOR A GRANT OF __________ IN THE ESTATE OF                                                                                        .

                                                                                                                        

Trustee                                                                                      Date              

                                 (k)    in Form NC 24.1

                                           (i)    in item 1 by striking out “a minor at the date of death of the deceased” and substituting “a child who was a minor at the date of death of the deceased”;

                                          (ii)    by repealing item 2 and substituting the following:

2         under section 7 of the Administration of Estates Act (dependants)

                      the deceased was survived by a child who was a minor at the time of the deceased’s death

Name:                                                                                               

Date of Birth:                                                                                   

Address:                                                                                            

                      the deceased was survived by a child who is a represented adult for whose estate you are trustee

Name:                                                                                               

Address:                                                                                           

                      the deceased was survived by a grandchild or great‑grandchild

(a)  who was under 18 years of age at the time of the deceased’s death,

(b)  in respect of whom the deceased, during life, demonstrated a settled intention to treat as his or her own child,

(c)  whose primary home, since birth or for at least 2 years immediately before the grandparent’s death, was with the grandparent, and

(d)  whose primary financial support, since birth or for at least 2 years immediately before the grandparent’s death, was provided by the grandparent.

Name:                                                                                               

Address:                                                                                           

                                         (iii)    by striking out “the Dependants Relief Act and substituting “Part 5, Division 2 of the Wills and Succession Act”;

                                  (l)    Form NC 29 is amended

                                           (i)    in item 5.5 by striking outDependants Relief Actand substituting “Family Maintenance and Support”;

                                          (ii)    by repealing item 5.6 and substituting the following:

           5.6         NC 24       Notice to a dependent child or minor grandchild or
                                great‑grandchild of the deceased
                                Family Maintenance and Support

                               (m)    in Form NC 31

                                           (i)    in item 4.2 by striking out “NC 11” and substituting “NC 8”;

                                          (ii)    in item 5.5 by striking outDependants Relief Actand substituting “Family Maintenance and Support”;

                                         (iii)    by repealing item 5.6 and substituting the following:

           5.6         NC 24       Notice to a dependent child or minor grandchild or
                                great‑grandchild of the deceased
                                Family Maintenance and Support

                                 (n)    in Form NC 33

                                           (i)    in item 4.5 by striking outDependants Relief Actand substituting “Family Maintenance and Support”;

                                          (ii)    by repealing item 4.6 and substituting the following:

           4.6         NC 24       Notice to a dependent child or minor grandchild or
                                great‑grandchild of the deceased
                                Family Maintenance and Support

                                 (o)    by repealing Form C 1 and substituting the following:

                                                                                                                  C 1

COURT FILE NUMBER                                                                             

COURT                                                     Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE                                                                                    

ESTATE NAME                                                                                          

DOCUMENT                                           Application for (state matter)

PARTIES

APPLICANT(S)                                                                                           

RESPONDENT(S)

(names of the following who

have an interest in this matter)

PERSONAL REPRESENTATIVE(S)                                                          

BENEFICIARIES (RESIDUARY)                                                               

LIFE TENANTS                                                                                           

BENEFICIARIES (NON

RESIDUARY)                                                                                               

BENEFICIARIES (INTESTACY)                                                               

TRUSTEES FOR REPRESENTED
ADULTS                                                                                                       

ATTORNEYS FOR INCOMPETENT
ADULTS                                                                                                       

MINORS                                                                                                       

MISSING PERSONS                                                                                    

UNPAID CLAIMANTS                                                                              

BONDING COMPANIES                                                                           

OTHER PERSONS WHO HAVE

FILED A FORM C 1 IN RESPECT

OF THE ESTATE                                                                                        

 

ADDRESS FOR
SERVICE AND CONTACT

INFORMATION OF PARTY
FILING THIS DOCUMENT                                                                       

                                                                                                                       

THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF ______________

                     ON                                        __________

                     PLACE                                 __________

                     TIME                                    __________

NOTICE TO THE RESPONDENT(S)    __________

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.

Alternatively, another order might be given or other proceedings taken that 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.

In addition to attending in court, you may file and serve a reply to this application in Form C 2.1 at least 5 days before the date shown above or as directed by the court.

Whether or not you file and serve a reply to this application, you may file and serve a demand for notice in Form C 2.2, which gives you the right to receive notice of future applications in respect of this matter.

           Applicant(s)

1.        The applicant(s) is (are)                                                                     .

           Issues to be determined or nature of claims

2.                                                                                                                    .

           Grounds for request and relief sought

3.                                                                                                                    .

           Documents filed with this application

4.        4.1         C 2            Affidavit of the applicant(s)

           4.2        

           Applicable Surrogate Rules

5.        Surrogate Rules                                                                                   .

           Applicable statutes

6.                                                                                                                    .

                                                                                                                        

Applicant                                                                                    Date             

Name:                                                                                                            

Complete address:                                                                                         

                                                               

Lawyers for Applicant(s)

Responsible lawyer:                                                                                       

Firm name:                                                                                                    

Complete address:                                                                                         

Phone:                                           

Fax:                                               

File no.:                                         

                                 (p)    by repealing Form C 2 and substituting the following:

                                                                                                                  C 2

COURT FILE NUMBER                                                                             

COURT                                                     Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE                                                                                    

ESTATE NAME                                                                                          

DOCUMENT                                           Affidavit in support of

                                                                   (or opposing) application for (state matter)

DEPONENT’S NAME(S)                                                                            

EXHIBITS ATTACHED                                                                             

ADDRESS FOR
SERVICE AND CONTACT

INFORMATION OF PARTY
FILING THIS DOCUMENT                                                                       

                                                                                                                       

THE DEPONENT SWEARS UNDER OATH OR AFFIRMS 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.

1.        I am the (applicant or respondent) in this application.

2.        I am interested in the estate because                                                   .

3.        The facts on which this application is (based or opposed) are 

           3.1                                                                                                       .

           3.2                                                                                                       .

SWORN OR AFFIRMED BY THE DEPONENT BEFORE A COMMISSIONER FOR OATHS AT  

ALBERTA ON _____________, 20___.

                                                                                                                        

Deponent                                                      Commissioner’s Name:            

                                                                                                                        

                                                                      Appointment Expiry Date:        

                                                                                                                        

                                 (q)    by adding the following after Form C 2:

                                                                                                              C 2.1

COURT FILE NUMBER                                                                             

COURT                                                     Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE                                                                                    

ESTATE NAME                                                                                          

DOCUMENT                                           Reply to Application for

                                                                   (state matter)

RESPONDENT

ADDRESS FOR
SERVICE AND CONTACT

INFORMATION OF PARTY
FILING THIS DOCUMENT                                                                       

                                                                                                                       

           Respondent

1.        The Respondent is interested in the estate and this application because the Respondent is                             .

           Response to the Application

2.        The Respondent agrees with the following orders asked for by the Applicant:                                                .

3.        The Respondent disagrees with the following orders asked for by the Applicant:                                           .

           Relief sought and grounds for request

4.                                                                                                                    

           Documents filed with this Reply

5.        5.1         C 2            Affidavit of the Respondent

           5.2        

Lawyer for Respondent

Responsible lawyer:                                                                                       

Firm name:                                                                                                    

Complete address:                                                                                         

Phone:                                           

Fax:                                               

File no.:                                         

                                                                                                             C 2.2
COURT FILE NUMBER                                                                                            

COURT                                                     Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE                                                                                    

ESTATE NAME                                                                                          

DOCUMENT                                           Demand for Notice in Respect                of Application for 

RESPONDENT

ADDRESS FOR
SERVICE AND CONTACT

INFORMATION OF PARTY
FILING THIS DOCUMENT                                                                       
                                                                                                                       

1.        The Respondent is interested in this estate and the application referred to above because the Respondent is                 .

2.        The Respondent demands notice of any application or proceeding in relation to the application referred to above.

Lawyer for Respondent

Responsible lawyer:                                                                                       

Firm name:                                                                                                    

Complete address:                                                                                         

Phone:                                           

Fax:                                               

File no.:                                         

                                 (r)    in Form C 5 by repealing items 5.8 to 5.11 and substituting the following:

           5.8         To a former spouse of the deceased under section 6 of the
              Matrimonial Property Act.

           5.9         To the spouse of the deceased under section 11 of the
              Matrimonial Property Act.

           5.10       To the spouse/adult interdependent partner of the deceased
              under section 88 of the Wills and Succession Act.

           5.11       To a dependent child or dependent minor grandchild or
              great‑grandchild of the deceased under section 88 of the
              Wills and Succession Act.

                                 (s)    in Form C 6

                                           (i)    by adding the following after item 3.6:

           3.7         NC 20.1    Schedule 6 Notice of void gift

                                          (ii)    by repealing items 5.5 and 5.6 and substituting the following:

           5.5         NC 23       Notice to spouse/adult interdependent
                                partner of deceased Family Maintenance
                                and Support

           5.6         NC 24       Notice to a dependent child (or minor                                                grandchild or great‑grandchild) of deceased
                                Family Maintenance and Support

                                  (t)    by repealing Form C 7 and substituting the following:

C 7

ESTATE NAME                                                                                           

DOCUMENT                                             Schedule 2.1: Previous wills  
                                                                                                                                      

The personal representatives have knowledge about the following wills of the deceased:

(For each will, provide the following information:)

Will dated:                                                                                                     

Deceased’s age at date of will:                                                                       

Location of will at date of death:                                                                   

Name of first witness:                                                                                   

Name of second witness:                                                                               

(Complete if the will was made before February 1, 2012:)

The deceased married or entered into an adult interdependent partner agreement after the date the will was made and before February 1, 2012.

  Yes

  No

The original will is attached to this Schedule.

                                 (u)    in Form C 8 in item 3.2 by striking out the Intestate Succession Act and substituting “Part 3 of the Wills and Succession Act”;

                                 (v)    by repealing Form C 13 and substituting the following:

                                                                                                               C 13

COURT FILE NUMBER                                                                             

COURT                                                     Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE                                                                                    

ESTATE NAME                                                                                          

DOCUMENT                                           Order in respect of                   

PARTIES

APPLICANT(S)                                                                                           

RESPONDENT(S)                                                                                        

PERSONAL REPRESENTATIVE(S)                                                          

BENEFICIARIES (RESIDUARY)                                                               

LIFE TENANTS                                                                                           

BENEFICIARIES (NON RESIDUARY)                                                     

BENEFICIARIES (INTESTACY)                                                               

TRUSTEES FOR REPRESENTED
ADULTS                                                                                                       

ATTORNEYS FOR INCOMPETENT
ADULTS                                                                                                       

MINORS                                                                                                       

MISSING PERSONS                                                                                    

BONDING COMPANIES                                                                           

PERSON(S) WHO HAVE FILED

A FORM C 1 IN RESPECT OF

THIS ESTATE                                                                                              

ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT:                                                       

DATE ON WHICH ORDER
WAS MADE:                                                                                                

LOCATION OF HEARING:                                                                       

NAME OF JUDGE WHO MADE 
THIS ORDER:  The Honourable Justice                                                      

THE COURT HAS:

 

Reviewed the affidavit and other documents filed in this application;

Heard representations from the parties or counsel for the parties;

Considered the application;

AND THE COURT ORDERS:

1.                                                                                                                    

                                                             

JUSTICE OF THE COURT OF QUEEN’S

BENCH OF ALBERTA

                                (w)    by adding the following after Form C 13:

                                                                                                               C 14

COURT FILE NUMBER                                                                             

COURT                                                     Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE                                                                                    

DOCUMENT                                           Application to authorize minor

                                                                   to make or revoke a will

PARTIES

APPLICANT                                                                                                

(THE MINOR AS REPRESENTED

BY A LITIGATION REPRESENTATIVE

IN ACCORDANCE WITH THE

ALBERTA RULES OF COURT)                                                                

RESPONDENT(S):

PARENT(S) OF THE MINOR                                                                    

GUARDIAN(S) OF THE MINOR

(IF DIFFERENT FROM PARENTS)                                                         

TRUSTEES FOR THE MINOR,
IF ANY                                                                                                         

THE PUBLIC TRUSTEE                                                                             

ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT:                                                       

THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF ______________

                     ON                                        __________

                     PLACE                                 __________

                     TIME                                    __________

NOTICE TO THE RESPONDENT(S)    __________

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 what the applicant wants in your absence. You will be bound by any order the court makes.

Alternatively, another order might be given or other proceedings taken that 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.

           Parties to the Application and service

1.        The applicant(s) is (are)                                                                     .

2.        The respondent(s) is (are)                                                                  .

3.        The applicant will serve the following parties:                                  

                                                                                                                       .

4.        The applicant will ask the court to dispense with service on the following parties for the reasons set out in the Affidavit filed with this Application:                                                                                 .

           Issues to be determined:

5.                                                                                                                    .

           Grounds on which request is based:

6.                                                                                                                    .

           Reasons for seeking relief:

7.                                                                                                                    .

           Relief sought:

8.                                                                                                                    .

           Documents filed with this Application:

           9.1         Affidavit of the applicant(s)

           9.2        

           Applicable Surrogate Rules

10.      Surrogate Rule 54.1.

           Applicable Statutes

11.      Wills and Succession Act, SA 2010 cW‑12.2 s36.

                                                                                                                       

                                                                                                                        

Applicant                                                                                    Date             

Lawyer for Applicant

Responsible lawyer:                                                                                       

Firm name:                                                                                                    

Complete address:                                                                                         

Phone:                                           

Fax:                                               

File no.:                                         

                                 (x)    by repealing Form ACC 13 and substituting the following:

                                                                                                          ACC 13

COURT FILE NUMBER                                                                             

COURT                                                     Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE                                                                                    

ESTATE NAME                                                                                          

DOCUMENT                                           Order in respect of
                                                                   (matter)
                                      

 

PARTIES

APPLICANT(S)                                                                                           

RESPONDENT(S)

PERSONAL REPRESENTATIVE(S)                                                          

BENEFICIARIES (RESIDUARY)                                                               

LIFE TENANTS                                                                                           

BENEFICIARIES (NON RESIDUARY)                                                     

BENEFICIARIES (INTESTACY)                                                               

TRUSTEES FOR REPRESENTED
ADULTS                                                                                                       

ATTORNEYS FOR INCOMPETENT
ADULTS                                                                                                       

MINORS                                                                                                       

MISSING PERSONS                                                                                    

UNPAID CLAIMANTS                                                                              

BONDING COMPANIES                                                                           

PERSON(S) WHO HAVE FILED
A FORM C 1 IN RESPECT OF
THIS ESTATE:                                                                                             

ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT:                                                       

DATE ON WHICH ORDER
WAS MADE:                                                                                                

LOCATION OF HEARING:                                                                       

NAME OF JUDGE WHO MADE 
THIS ORDER:  The Honourable Justice                                                      

THE COURT HAS:

 

Reviewed the affidavit and other documents filed in this application;

Heard representations from the parties or counsel for the parties;

Considered the application;

AND THE COURT ORDERS:

1.                                                                                                                    

                                                              

JUSTICE OF THE COURT OF QUEEN’S

BENCH OF ALBERTA

 

21   This Regulation comes into force on the coming into force of the Wills and Succession Act, SA 2010 cW‑12.2.