Bill 66 (Legislature 15, Session 3)

L15 S3 1370

Alberta — Bills

No. 66 3rd Session, 15th Legislature, Alberta 14 Elizabeth II BILL 66 A Bill to amend The Public Trustee Act HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Explanatory Note I. This Bill will amend

chapter 266 of the Revised Statutes. 2. A new provision is added to make it clear that the Crown is liable for the negligence of the Public Trustee occurring in the course of his employment. 3. A new

section is added providing that the Public Trustee has a paramount right to apply for letters of administration of estates under the circumstances specified in the section. UNIVERSITY OF ALBERTi\ UBRARY

BILL No. 66 of 1966

An Act to amend The Public Trustee Act (Assented to , 1966) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Public Trustee Act is hereby amended.

Section 3 is amended by adding the following subsec tion:

(7) Where a judgment is obtained against the Public Trustee in respect of any act or omission by him in the course of exercising any power, duty or function which he is authorized to exercise by this or any other Act, then to the extent that the judgment is payable by the Public Trustee and is not payable out of any estate, the judgment shall be deemed to be a judgment against the Crown in right of Alberta to which The Proceedings Against the Crown Act applies. 3. The following

section is added after

section 24: 24a.

(1) Notwithstanding any other Act, (

a) where (

i) the adult next of kin residing in the Province of a person who dies wholly or partially inte state, in or out of the Province, leaving property in the Province, or (ii) the executors named in the will and the adult residuary beneficiaries residing in the Province of a person who dies testate, in or out of the Province, leaving property in the Province, have renounced any right to apply for letters of ad ministration or probate or letters of administration with will annexed, as the case may be, or (

b) where there is no adult next of kin or adult resi duary beneficiary residing in the Province of a person who dies wholly or partially intestate, in or out of the Province, and any executors have re nounced their right to apply for probate, the Public Trustee is entitled to a pp]y , for and to receive a grant of letters of administration or letters of administra-

Section 27, subsections (1) and (2) presently read: 27.

(1) When a person has died intestate, in or out of the Province, leaving property in the Province the gross value of which as esti mated by the Public Trustee exceeds one thousand dollars, and no application for letters of administration has been made, the Public Trustee may apply for letters of administration of the estate.

(2) If the Public Trustee knows of some other person or persons domiciled in the Province who w.ould be entitled to letters of admin istration prior to the exercise of the powers conferred on the Public Trustee by this section, he shall notify such other person or persons by registered mail of his ·intention to apply for letters of administration. 5. Commencement of Act.

tion with will annexed of the estate of that person in priority to all other per,sons.

(2) In this

section "next of kin" (

a) means the spouse and children of the deceased per son, (

b) where there is no spouse or children, means the persons who are entitled to share under The Intes tate Succession Act in the estate of the deceased per son.

Section 27 is amended by striking out subsection (2) and by substituting the following:

(2) If the Public Trustee knows of any person resident in the Province (

a) who would be entitled to letters of administration prior to the exercise of the powers conferred on the Public Trustee by this section, and (

b) who has not renounced his right to apply for letters of administration, the Public Trustee shall give notice of his intention to apply for letters of administration to that person by reg istered mail. 5. This Act comes into force on the day upon which it is assented to. 2

No. 66 THIRD SESSION FIFTEENTH l!EGISLATURE 14 ELIZABET:H II 1966 BILL

An Act to amend The Public Trustee Act Received and read the First time ........................................ . Second time ..................................... . Third time ...................................... . HON. MR. MANNING Title: 1966 (15th, 3rd) Bill 66,

An Act to amend The Public Trustee Act

Document details

Collection	Alberta — Bills
Citation	L15 S3 1370
Type	bill
Volume / chapter	L15 S3 1370
Language	en
Format	json
Source	PROVINCIAL
Identifier	11a842b4405c6b10f27473e3af8f45f3695a7598

Source file is stored in the law ingest library (json).