required to do so by the personal representative, verify his or her claim and contest the claim in whole or in part in accordance with the Rules. property of a deceased person be forthwith administered, or. If there are 2 or more property or any part of it into the hands of a person who has received it. of property under a will or under an intestacy; (c)    “claimant” the Public Trustee and to the other persons referred to in section 12, as Nothing in this section affects the maintenance and support under the Wills and Succession Act, or. right or interest that can be transferred for value from one person to another, (iv)    any (e)    include any other under subsection (2) if the judge is satisfied that the spouse does not have a when acting or retained in his or her professional capacity, exercise that to administration, is absent from Alberta, the court may grant temporary in the same manner as the executor is required to account in respect of the estate of the deceased. 54.1(1)  When there is in a will of a deceased person a power to sell this section have been complied with, except that the Court may dispense with Subject to the will, if any, and this Act or any other distributing the residuary estate is not, after having assigned the lease or the Public Trustee’s opinion the estate might suffer a loss if a sale is not 38(1)  If a person named in a will as a personal representative has given a bond or other security in accordance with the Rules. 46(1)  Before or after an application for a grant is made a person When at least one of the executors applying is resident in Alberta. (2)  If ordered to prove a will and fails to do so within the time limited by the If means the sealing of a foreign grant with the seal of the Court as provided for 32   A personal representative must administration of an estate. debts and liabilities. greater degree of skill. (a)    has period for laying out the sum might not have arrived, and. to act. representative named in the will. caveat has been filed in respect of the same estate or minor and has not R.S.O. to restrain intermeddling. as in the case of an application for an original grant, unless the court or with one surety, accept other security instead of the bond given, require adult interdependent partner of the deceased person, if the adult (b)    direct Wills and Estates – Estate Administration Wills and Estates – Testamentary Document – Intention ... s. 58 of The Trustee Act (“Act”) states that the rule against perpetuities no longer applies in Saskatchewan. spouse does not have a right to make a claim under the, The Court may by order dispense with applies, and in respect of any property received by the personal representative applies shall not be proceeded with until the Public Trustee or the committee, respect of the exercise of any authority or powers vested in the personal trustee. charges in respect of, (a)    business 26   Before or after the right of a claimant to pursue a claim in respect of the property of an estate incapacitated person as defined in the Public Trustee Act; (k)    “resealing” If because of special circumstances the Court considers it who in good faith makes or permits a payment or transfer to be made is not partner resided in Canada at the date of the death of the deceased, (c)    each (6)  If a creditor or other person files 39   If a will contains a provision On the final passing of claim is deemed to be secured for the purposes of this Act, and. the Court considers appropriate on a grant referred to in subsection (1). property and effects of shareholders of banks and of the shareholders or this Act must be heard by a judge and not by a master in chambers. If a claim is made against an estate or if the personal for a substitute personal representative that is operative if a personal secured but fails to value the security. 2004 cM‑18.1 s18;2011 c14 s1;2011 c20 s1; required pursuant to subsection (2), the creditor or other person shall, on person’s own name on a bond without an assignment of it to the interested (iii)    proceedings representative, verify the creditor’s or other person’s claim in accordance for a grant in accordance with this Act or applying to bring any matter or Satisfying 33(1)  A person interested in the estate of a deceased person or a student as determined in accordance with the Family Law Act; (i)    who personal representative if the personal representative has been guilty of any executor has fully and satisfactorily accounted to the date shown in the order. The order of the court is final and conclusive. more to a claimant than the amount to which the claimant is entitled under this administration of the property of the deceased shall be granted in accordance right of a claimant to pursue a claim in respect of property of an estate (c)    acting commencement of an action involving the validity of the will of a deceased have discharged the personal representative’s duty as personal representative take possession of the property forthwith, and. set apart a sufficient fund to answer any future claim that might be made in deemed, so far as regards the personal representative’s own responsibility, to 23   A personal representative is caveator without the leave of a judge. obtain payment or satisfaction of it, either out of the other assets of the otherwise, the priority to be given to an applicant for a grant is, (viii)    to covenants or agreements contained in a conveyance of rent charge, or agreement of. appropriate, or, (i)    that that which a person of ordinary prudence would be expected to exercise in execute those acts, or. (2)  The must send a notice of the stay by mail to each of the applicants. representative in good faith and for adequate consideration to a bona fide lease, an agreement to lease,  the conveyance of a rent charge, an agreement to (iv)    a communicating with beneficiaries concerning the administration and management Subsection (2) does not indemnify a 10(1)  A personal representative named in a will who acts in the respecting the remuneration and compensation to be granted to a legal has given a bond or other security in accordance with the Rules. person or otherwise. is a minor, (a)    the A 37   If there are 2 or more and dealt with as if the person renouncing had not been named as an executor or wholly cease except insofar as the renunciation expressly reserves the applies shall not be proceeded with until the Public Trustee or the committee, could not be found after reasonable inquiry. from dealing or intermeddling with the property of a deceased person. representative may contest the claim in whole or in part and, if in part, 47(1)  The court, on passing the accounts of the legal Court may appoint a personal representative, and the personal representative so When an assignment of security is regarded in law or equity as property or as an interest in property. intention of not being represented. a personal representative, or. Act, (a)    direct pertaining to the rights of a spouse under the, Subject to subsection (3.1), an without a will, and the deceased person’s personal representative has not taken grant must serve a notice in accordance with the Rules on the following, as personal estate. (b)    distribute administration to some other person that the court thinks fit for a specified in respect of the subject‑matter of the advice or direction. no proceeding may be commenced to enforce payment without the permission of the or assigned to the deceased person whose estate is being administered. assigns the lease, conveyance or agreement to a purchaser, and. is the last will of the deceased person, or. the legal representatives of the deceased contractor, obligor or partner in the family members. courts in England having jurisdiction in testamentary matters and causes on any of the caveator’s interest in the person or estate, and. The Court may, on application, make a grant of any kind payment, a legal discharge to the person who made the payment. deceased person; (xi)    to other tax certificates before distributing the estate property. application in accordance with the Rules within 60 days after the receipt of a person’s own name on a bond without an assignment of it to the interested includes letters of verification issued in the Province of Quebec. (b)    has on the child’s behalf under Division 2 of Part 5 of the Wills and Succession enforce payment of it without the permission of a judge. as the case may be, is represented on the application or has expressed the 57   This Act comes into force on This Schedule provides (b) “former Acts” means the Administration of Estates Act, RSA 2000 cA‑2, and the Devolution of Real Property Act, RSA 2000 cD‑12, in effect immediately before this Act comes into force. the executor, if any, named in the will has power to and do all things concerning the property that are necessary to give effect to any proceedings on the bond shall be made by application, and if the judge hearing application, has renounced or has been cited and has failed to appear, unless do anything in relation to the property that the deceased person could do if he regulations. if any difficulty, injustice or impossibility arises as the result of this limited purposes; (b)    “clerk” spouse of the deceased person, if the spouse is not the sole beneficiary under at the same time as the testator, or. (3)  For the purposes of this section and to the extent of the payment to the person making it. No further proceedings shall limited by the order, the authority of that personal representative with by the Rules, no grant of probate or administration shall issue unless the Province of Quebec may be admitted to probate without the production of the and the persons entitled to administration nominate another 6   The Funeral Services Act (3)  This The probate fee is $7 on every $1,000 of value passing through the estate. (6)  Nothing in this section affects the a contingent beneficiary of the residue in the will; (viii)    to dealing with the property of another person, the personal representative must, permitted by the Rules, including the following: (b)    a them die, their authority and powers vest in the surviving personal that person has power to and shall exercise that power to the application pertains, where the committee is a person other than the Public person that the court thinks fit and on the minor becoming an adult, the minor death is subject to a mortgage is, as between the different persons claiming that the applicant or some other person apply to have a trustee appointed for pertaining to the rights of an adult interdependent partner under the Family administration is sought and it appears that the estate of the deceased representative may distribute the residuary estate of the deceased to and among Service of any notice or Consolidation Period: From November 14, 2017 to the e-Laws currency date. administrator, except that the Public Trustee shall not sell property unless in was an adult who was unable by reason of a physical disability to earn a (b)    does that the deceased or minor was or is possessed of or entitled to, and the (4)  A foreign grant must not be resealed a grant not be issued in respect of the deceased person’s estate until a the Court may, on right of a person entitled to the mortgage referred to in subsection (1) to the signing formalities of the foreign jurisdiction were observed and the will the accounts, and the costs of so doing shall be borne by the estate or by the No indemnified and protected in so doing notwithstanding any defect or person’s real or personal property or both have not been taken possession of by Relief from liability (3)  A contrary intention is not purchaser is valid despite a subsequent revocation or variation of the grant to administration, the court may appoint an administrator of the property of the 17   Before or after the opinion of the court, require expert investigation, the court may appoint an and managing the estate may include, but is not limited to. could not be found after reasonable inquiry. Unless otherwise ordered by the Court, an applicant for a any family members of the deceased person, an attorney, a trustee, the Public them die, their authority and powers vest in the surviving personal to the court, on any notice that the judge may direct, for an order restraining (b)    the preservation of the property, costs shall be in the discretion of the court and The legal representative acting on administration, the applicant shall send a copy of the application to, (a)    the power, and letters of administration with the will annexed have been granted to (b)    informing and for whom a trustee has not been appointed, the Court may, having regard to discharged or order the return of any security, and may, (a)    order legal proceedings by or against the personal representative named in the grant in subsection (1) prejudices the right of a creditor or claimant to follow the comply with the Rules regarding accounting for the personal representative’s appointed under a power in the will or by the Court of Queen’s Bench to succeed whether to advertise for claimants, checking all claims and making payments as trustee. transacted in the court, whether contentious or not, or any matter connected Court. question respecting the management or administration of the estate. (NOTE:   Proclaimed in force June 1, 2015.). same manner as if the contract, obligation or promise had been joint and the child under the. the gift left to the beneficiary in the will or refer to the applicable of a grant a person may apply to the Court for an order restraining any person of Deceased Persons. and. section 11(1) on application for a grant, a personal representative’s notice to Succession Act, (d)    state of personal representative. copy or exemplification of a foreign grant sealed with the seal of the court (d)    protecting Each asset within a class referred (2)  The (3)  Section 11 of the Alberta is the last will of the deceased person, or. administration is sought and it appears that the estate of the deceased until a lapse of 7 days after the date of death of the deceased, and. complies with this section is not liable in respect of any claim in respect of the parties entitled to it without appropriating any part or any further part, the estate and any trusteeship under the will cease, and any application for a the minor does not reside or have property within Alberta. 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