Alberta Gazette — 31 December 2021 (Part II)
31 December 2021
Alberta — Gazette
Alberta Regulation 237/2021
Mines and Minerals Act
OIL SANDS ALLOWED COSTS
(MINISTERIAL) AMENDMENT REGULATION
Filed: December 2, 2021
For information only: Made by the Minister of Energy (M.O. 180/2021) on
November 26, 2021 pursuant to
section 36(5.1) of the Mines and Minerals Act.
1 The Oil Sands Allowed Costs (Ministerial) Regulation
(AR 231/2008) is amended by this Regulation.
Schedule 1.1 is amended
(
a) by adding
15.1
Diluent blending
In relation to in-situ recovery of oil
sands products, blending diluent
and operating diluent blending
facilities on Project lands
after
Diluent
Diluent used by a Project, provided
the diluent does not form part of
handling charges in determining
unit price
(
b) in Item 40, Column 1, by adding
In relation to secondary extraction of oil sands products
from oil sands in mining Projects, the operating costs of
diluent recovery units on Project lands included in a
Project description
after
flare systems composed of flare headers, knock-out
drums and flare stacks
Alberta Regulation 238/2021
Mines and Minerals Act
BITUMEN VALUATION METHODOLOGY (MINISTERIAL)
AMENDMENT REGULATION
Filed: December 2, 2021
For information only: Made by the Minister of Energy (M.O. 181/2021) on
November 26, 2021 pursuant to
section 36(5.1) of the Mines and Minerals Act.
1 The Bitumen Valuation Methodology (Ministerial)
Regulation (AR 232/2008) is amended by this Regulation.
Section 2(
b) is amended
(
a) by striking out "2021" and substituting "2024";
(
b) by striking out "2022" and substituting "2025".
Section 5(7)(
b) is repealed and the following is
substituted:
(
b) the components of the tariff for the pipeline that vary
according to the density of the synthetic crude oil transported
on the pipeline shall be multiplied by a factor of
(i) 1.22 to convert the pipeline tariff for transporting
synthetic crude oil to the pipeline tariff for transporting
blended bitumen, and
(ii) 0.92 to convert the pipeline tariff for transporting
synthetic crude oil to the pipeline tariff for transporting
diluent, and
--------------------------------
Alberta Regulation 239/2021
Mental Health Act
MENTAL HEALTH ACT FORMS AND
DESIGNATION AMENDMENT REGULATION
Filed: December 2, 2021
For information only: Made by the Minister of Health (M.O. 28/2021) on December
1, 2021 pursuant to sections 53(2.1), 53(3) and 53(4) of the Mental Health Act.
1 The Mental Health Act Forms and Designation
Regulation (AR 136/2004) is amended by this Regulation.
Section 15.1(9) is amended by striking out "Form 26" and
substituting "Form 25".
Section 15.2(1) is amended
(
a) by repealing clause (l);
(
b) by adding the following after clause (u):
(
v) Grande Prairie Regional Hospital.
4(1)
Section 3(
b) comes into force on December 4, 2021.
(2) Section 3(
a) comes into force on December 6, 2021.
--------------------------------
Alberta Regulation 240/2021
Assured Income for the
Severely Handicapped Act
APPLICATIONS AND APPEALS
(MINISTERIAL) AMENDMENT REGULATION
Filed: December 3, 2021
For information only: Made by the Minister of Community and Social Services
(M.O. 2021-032) on December 1, 2021 pursuant to
section 12(2) of the Assured
Income for the Severely Handicapped Act.
1 The Applications and Appeals (Ministerial) Regulation
(AR 89/2007) is amended by this Regulation.
Section 5 is amended by adding the following after
subsection (1):
(1.1) An appeal panel must not consider any information other than
that considered by the director in making the decision that is being
appealed.
3 The heading preceding
section 7 is repealed and the
following is substituted:
Part 2
Transitional Provisions, Repeal, Expiry
and Coming Into Force
4 The following is added after
section 9:
Transitional - appeals
9.1 Where an appeal has been commenced under
section 10 of the
Act but not concluded before the coming into force of this section,
section 5 as it read immediately before the coming into force of this
section continues to apply in respect of that appeal.
5 The following is added after
section 10:
Expiry
11 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on April 30, 2027.
6 This Regulation comes into force on April 1, 2022.
--------------------------------
Alberta Regulation 241/2021
Safety Codes Act
EXEMPTION AMENDMENT REGULATION
Filed: December 8, 2021
For information only: Made by the Minister of Municipal Affairs (M.O. TCS:005:21)
on November 30, 2021 pursuant to
section 2(2) of the Safety Codes Act.
1 The Exemption Regulation (AR 351/2003) is amended by
this Regulation.
Section 2 is amended by repealing clauses (
a) to (
d) and
substituting the following:
(
a) automatic transfer devices within the meaning of the ASME
A17.1/CSA B44 Safety Code for Elevators and Escalators as
in force and as varied under the Elevating Devices Codes
Regulation (AR 192/2015);
(
b) elevating devices in mines regulated under the Occupational
Health and Safety Act;
(
c) elevating devices serving privately owned single-family
dwellings;
(
d) hand-powered dumbwaiters within the meaning of the ASME
A17.1/CSA B44 Safety Code for Elevators and Escalators as
in force and as varied under the Elevating Devices Codes
Regulation (AR 192/2015);
(
e) hand-powered manlifts within the meaning of the CSA B311
Safety Code for Manlifts as in force and as varied under the
Elevating Devices Codes Regulation (AR 192/2015);
(
f) marine elevators within the meaning of the ASME
A17.1/CSA B44 Safety Code for Elevators and Escalators as
in force and as varied under the Elevating Devices Codes
Regulation (AR 192/2015);
(
g) wind turbine tower elevators within the meaning of the
ASME A17.1/CSA B44 Safety Code for Elevators and
Escalators as in force and as varied under the Elevating
Devices Codes Regulation (AR 192/2015).
--------------------------------
Alberta Regulation 242/2021
Agriculture Financial Services Act
AGRICULTURE FINANCIAL SERVICES
AMENDMENT REGULATION
Filed: December 8, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 352/2021)
on December 8, 2021 pursuant to
section 56 of the Agriculture Financial Services Act.
1 The Agriculture Financial Services Regulation
(AR 99/2002) is amended by this Regulation.
Section 49(4) is amended by striking out "big game or
upland game birds" and substituting "big game, wild boar (Sus
scrofa) where it is at large in Alberta or upland game birds".
Alberta Regulation 243/2021
Judicature Act
SURROGATE RULES
AMENDMENT REGULATION
Filed: December 8, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 356/2021)
on December 8, 2021 pursuant to
section 28.1 of the Judicature Act.
1 The Surrogate Rules (AR 130/95) are amended by this
Regulation.
2 Rule 1(
g) is amended by adding "2.1 or" after "Schedule".
3 Rule 9 is repealed.
4 Rule 10 is amended
(
a) in subrule (1)
(
i) in clause (a)
(
A) in subclause (ii) by striking out "(cum
testamento annexo)";
(
B) in subclause (iv) by striking out "(cessate)";
(ii) in clause (b)
(
A) in subclause (
i) by striking out "(de bonis
non administratis)";
(
B) in subclause (
v) by striking out "(caeterorum
bonorum)";
(iii) in clause (c)(ii) by striking out "(durante
minoritate, absentia, dementia)";
(iv) in clause (d)
(
A) in subclause (
i) by striking out "(pendente
lite)";
(
B) in subclause (ii) by striking out "(ad litem)";
(
C) in subclause (iii) by striking out "(ad
colligendum bona defuncti)";
(
b) by repealing subrule (4) and substituting the
following:
(4) A grant may be issued in Form GA6 or in any other form
that is appropriate to the nature of the grant.
5 Rule 13 is repealed and the following is substituted:
Required forms
13(1) An applicant for a grant must file Form GA1 and, if the
circumstances require, the following additional forms:
(
a) Form GA8;
(
b) Form GA9;
(
c) Form GA10;
(
d) Form GA11;
(
e) Form GA13;
(
f) Form GA14.
(2) Any forms required to be filed under subrule (1) must be filed
before a notice of application is served.
(3) An applicant for a grant must file Form GA2, in addition to any
applicable forms referred to in subrule (1), if
(
a) a personal representative is required under rule 28(1) to
provide a bond or other security,
(
b) a personal representative is applying under rule 29(1) to
dispense with a requirement to provide a bond or other
security, for approval of security other than a bond or to
reduce the amount of a bond or other security,
(
c) a personal representative is applying for
(
i) a grant of re-sealed probate or administration with
respect to property in Alberta, or
(ii) an ancillary grant,
(
d) the court requires the applicant to file Form GA2.
(4) An applicant must file any forms or documents not referred to in
subrules (1) and (3) that the court or the circumstances of the estate
require.
(5) If a will or a person authorized by a will appoints a person to
hold property in trust, each trustee of each trust must provide an
affidavit of trustee in Form GA20 to the personal representative.
(6) If a person referred to in subrule (5) does not wish to or cannot
act as a trustee in respect of the property in trust, the person must
(
a) renounce in Form GA18 and provide that form to the
personal representative, or
(
b) renounce by a method approved by the court.
(7) The personal representative must not make a distribution to a
trustee of any property that is subject to a trust under a will until
after
(
a) the trustee provides an affidavit of trustee in Form GA20 to
the personal representative, and
(
b) all persons who, under the will, have a right to trusteeship
that is prior or equal to the right of the trustee referred to in
clause (
a) have renounced their rights to act as trustee
(
i) in Form GA18 and have provided that form to the
personal representative, or
(ii) by a method approved by the court.
(8) The court, at any time, may dispense with a renunciation
required under subrule (6) or (7)(b).
Application forms and documents
13.1 An application for a grant is not invalidated nor is there any
contravention of these Rules if there is a deviation from or an addition
to or omission from a form prescribed for the purposes of the
application or a document prepared in place of a prescribed form that
(
a) does not adversely affect the substance of the information
required to be provided or that the court requires to be
provided, and
(
b) is not intended to mislead.
6 Rule 15 is amended by striking out "of probate or a grant of
administration with will annexed".
7 Rule 16 is amended
(
a) in subrule (1) by striking out ", the person before whom
the applicant's affidavit is sworn and the justice" and
substituting "and the person before whom the applicant's
affidavit is sworn";
(
b) in subrule (3) by striking out "Form NC 8" and
substituting "Form GA8";
(
c) by repealing subrule (4) and substituting the
following:
(4) If a will is a holograph will or if a witness to a will cannot
be found, a person other than the applicant, unless otherwise
ordered by the court, must prove the deceased's handwriting by
filing an affidavit in Form GA9.
(
d) by repealing subrule (6) and substituting the
following:
(6) An affidavit referred to in subrule (5) may be in a form
other than Form GA8 if
(
a) it was sworn before the coming into force of this
section, and
(
b) it is in a form that was required or permitted under these
Rules at the time the affidavit was sworn.
(
e) by repealing subrule (8)(
a) and substituting the
following:
(
a) respecting the application:
This is the will referred to in the application and is
exhibit A to the affidavit of , a witness to this
will.
(Applicant's Signature)
(A Commissioner for Oaths in and for Alberta)
8 Rule 18 is amended by striking out "Form NC 10" and
substituting "Form GA10".
9 Rule 19(
a) is amended by striking out "Form NC 9" and
substituting "Form GA9".
10 Rule 22(1) is repealed and the following is substituted:
Other documents
22(1) If a document is incorporated by reference into a will, the
applicant must file the original document with the court with the
application.
11 Rule 26 is amended
(
a) by repealing subrules (1), (1.1), (1.2) and (2) and
substituting the following:
Notice of application
26(1) An applicant must serve a notice of an application for a
grant
(
a) in Form GA3 on each person listed in Form GA1, other
than the Public Trustee, who requires notification, and
(
b) in Form GA4 on the Public Trustee, if the
circumstances require.
(1.1) The notice of application must be accompanied by the
application in Form GA1, as filed, and an inventory in Form
GA2 when served on each
(
a) residuary beneficiary,
(
b) beneficiary on intestacy, and
(
c) person required to be served under
section 11 of the
Estate Administration Act.
(1.2) Where
section 12(1)(
a) to (
d) of the Estate
Administration Act requires the applicant to serve notice on an
attorney, a trustee, the Public Trustee or a guardian, the
applicant must serve the attorney, trustee, Public Trustee or
guardian with the applicable forms referred to in subrules (1)
and (1.1).
(
b) by repealing subrule (4) and substituting the
following:
(4) Where a notice of application is required to be served on a
person under this rule, an affidavit of service must be filed in
Form GA5 within 30 days after the date on which service is
effected.
12 The following is added after rule 26:
Notice of grant
26.1(1) Where the court issues a grant, the applicant must serve a
notice of grant issuing in Form GA7 within 30 days after the grant is
issued on each person listed in Form GA1 who requires notification.
(2) No affidavit of service is required where a notice of grant issuing
is served.
13 Rule 27 is repealed.
14 Rule 29 is amended
(
a) in subrule (1)
(
i) by adding "in Form GA1" after "may apply";
(ii) by striking out "by filing an affidavit in Form NC
17";
(
b) in subrule (2) by striking out "Form NC 18" and
substituting "Form GA14".
15 Rule 32 is amended
(
a) by repealing subrule (1) and substituting the
following:
Renunciation
32(1) If a will exists and a personal representative named in
the will does not wish to or cannot apply for a grant, the
personal representative must renounce in Form GA11 or by a
method approved by the court.
(
b) in subrule (2) by striking out "form NC 14 or NC 15"
and substituting "Form GA11";
(
c) in subrule (4) by striking out "of administration with
will annexed".
16 Rule 33 is amended
(
a) by repealing subrule (1) and substituting the
following:
Nominations
33(1) A person entitled to a grant may nominate, in Form
GA13, a person to be the personal representative for the
purpose of applying for a grant.
(
b) in subsection (2) by striking out "Form NC 16" and
substituting "Form GA13".
17 Rule 34(1) is repealed and the following is substituted:
Grant of double probate
34(1) If all the personal representatives named in a will do not
apply for a grant at the same time, the personal representatives who
do not apply
(
a) must reserve their right to apply later by filing Form GA12 at
the time the initial grant is applied for, and
(
b) may apply for a grant of double probate by filing Form GA1
at any time after filing Form GA12.
18 Rules 35(1) and 36 are amended by striking out "rule
13(5) and (6)" and substituting "rule 13(1) and (3)".
19 Rule 38(1) is amended
(
a) in clause (
b) by striking out "Form NC 34" and
substituting "Form GA15";
(
b) in clause (
c) by striking out "form NC 34.1" and
substituting "Form GA16".
20 Rule 40 is amended by striking out "Form NC 35" and
substituting "Form GA17".
21 Rule 45(1)(
d) is amended by striking out "Form NC 26"
and substituting "Form GA19".
22 Rule 49 is amended by striking out "Form NC 49" and
substituting "Form GA21".
23 Rule 49.1 is amended by striking out "and
Schedule 3".
24 Rule 50 is amended
(
a) in clause (
a) by striking out "Form NC 43" and
substituting "Form MP1";
(
b) in clause (
b) by striking out "Form NC 44" and
substituting "Form MP2";
(
c) in clause (
c) by striking out "Form NC 45" and
substituting "Form MP3";
(
d) in clauses (
d) and (
e) by striking out "Form NC 27"
and substituting "Form GA5".
25 Rule 51 is amended
(
a) in subrule (1)
(
i) in clause (
a) by striking out "Form NC 46" and
substituting "Form MP4";
(ii) in clause (
c) by striking out "Form NC 48" and
substituting "Form MP7";
(
b) in subrule (3)
(
i) in clause (
a) by striking out "Form NC 46.1" and
substituting "Form MP5";
(ii) in clause (
c) by striking out "Form NC 48" and
substituting "Form MP7";
(
c) in subrule (5) by striking out "Form NC 46.2" and
substituting "Form MP6".
26 Rule 60(2) is amended by striking out "Form NC 27" and
substituting "Form GA5".
27 Rule 70.9(2)(
a) is amended by striking out "Form NC 7"
and substituting "Form GA2".
28 The following is added after Rule 117:
Part 3.1
Electronic System
Definitions
117.1 In this Part,
(a) "electronic" means electronic as defined in the Electronic
Transactions Act;
(b) "electronic system" means the system established by the
Minister of Justice and Solicitor General for the purposes of
creating, issuing, filing, accessing, transmitting, storing,
recording, providing, serving or submitting documents or
information by electronic means in respect of matters under
these Rules.
Application
117.2(1) This Part applies where the electronic system is used for the
creation, issuance, filing, access, transmittal, storage, recording,
provision, service or submission of a document or information under
these Rules.
(2) Subject to subrule (3), these Rules apply in respect of the
electronic system and any matter under these Rules in respect of which
the electronic system is used.
(3) Where there is a conflict or inconsistency between
(
a) these Rules, other than this Part, and
(
b) this Part or the policies, procedures, standards and guidelines
established under rule 117.4,
this Part or the policies, procedures, standards and guidelines
established under rule 117.4 prevail to the extent of the conflict or
inconsistency.
Use of electronic system
117.3(1) The court may use the electronic system in respect of
matters under these Rules.
(2) The court may determine the matters under these Rules in respect
of which the electronic system may be used.
(3) Where these Rules require or provide for the use of a prescribed
form, the information collected by that form may be collected through
the electronic system in a manner other than by using the prescribed
form.
Policies, procedures, standards and guidelines
117.4 The court may establish policies, procedures, standards and
guidelines in respect of the electronic system.
Certification
117.5(1) An individual who would otherwise be required to swear an
oath or make an affirmation must certify that the information provided
by the individual through the electronic system is true.
(2) An individual who makes a certification under subrule (1) may be
questioned under oath or affirmation with respect to the information
that was certified.
Electronic documents
117.6(1) A document that is required to be provided, submitted or
filed in its original form may be provided, submitted or filed in
electronic format using the electronic system if the document relates to
a matter under these Rules in respect of which the court has
determined the electronic system may be used.
(2) A document provided, submitted or filed under subrule (1) must
meet the policies, procedures, standards and guidelines established
under rule 117.4.
(3) If a document provided, submitted or filed under subrule (1) is a
will, codicil or document incorporated by reference into a will or
codicil, the original will, codicil or document incorporated by
reference must be filed with the court before a grant is issued.
Service
117.7 A document that is required to be served may be served using
the electronic system if the document relates to a matter under these
Rules in respect of which the court has determined the electronic
system may be used.
Schedule 2 is amended
(
a) in
section 1(1) by striking out "For issuing grants of
probate or letters of administration or resealing grants,
excluding trusteeship but" and substituting "For each
application for a grant, excluding an application for a grant of
double probate, supplemental grant, grant of administration
of unadministered property or trusteeship, and";
(
b) in
section 4 by striking out "For issuing each" and
substituting "For each application for a".
30 The following is added after
Schedule 2:
Schedule 2.1
Forms - Grants and Minors' Property Act Applications
Form GA1
Grant Application
Court Court of Queen's Bench of Alberta
(Surrogate Matter)
Judicial Centre
Estate Name
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
Part 1 - The Deceased
1.1 Information about the Deceased
Please provide the following information about the Deceased:
Full legal name
Other names known by
? Not applicable
Date of birth (mm/dd/yyyy)
Date of death (mm/dd/yyyy)
Was the Deceased habitually resident in Alberta?
? Yes ? No
If the answer to the above question is "yes", please enter the
address of the Deceased's habitual residence in Alberta below:
If the answer to the above question is "no", please answer the following questions:
What was the province (or other jurisdiction) of the
Deceased's habitual residence?
Did the Deceased own property in Alberta?
If the answer to the above question is "yes", please enter
the address(es) of the property in Alberta owned by the
Deceased below:
? Yes ? No
Did the Deceased leave a will?
? Yes ? No
1.2 Net value of the Deceased's estate in Alberta
Use the inventory (Form GA2) to calculate the net value of the Deceased's
estate in Alberta. Check the box below that corresponds to the net value of
the Deceased's estate in Alberta. If the inventory describes the value of
any of the Deceased's assets as "to be determined", indicate this below by
checking the box.
If part of the Deceased's estate has already been administered under the
authority of a prior grant, check the box below that corresponds to the net
value of the Deceased's unadministered property.
This information is used to calculate the applicable Court fee for issuing
the grant.
Residuary beneficiaries and other interested parties will receive more
detailed information about the Deceased's estate in the inventory that will
be served on them by the Applicant(s).
? $10,000 or under
Check if applicable:
? The inventory (Form GA2) describes
the values of one or more of the
Deceased's assets as "to be
determined".
If this box is checked, the Applicant must
serve all residuary beneficiaries and other
interested parties with an updated inventory
when the values of the Deceased's assets
become known. The applicant must confirm
service of the updated inventory using
Form GA5. Additional Court fees may apply.
? Over $10,000 but not more than
$25,000
? Over $25,000 but not more than
$125,000
? Over $125,000 but not more than
$250,000
? Over $250,000
1.3 Prior grants
Prior grants issued by the Court of Queen's Bench of Alberta
Please indicate which of the following grants, if any, have already been issued
by the Court of Queen's Bench of Alberta in relation to the Deceased's estate.
? Not applicable - no prior grants issued by the Court of Queen's Bench of Alberta
? Administration
This application will be considered an application for a grant of administration of
unadministered property.
? Administration with will annexed
This application will be considered an application for a grant of administration of
unadministered property.
? Probate
This application will be considered an application for a grant of double probate if
the Applicant is named as a personal representative in the Deceased's will.
This application will be considered an application for a grant of administration of
unadministered property if the Applicant is not named as a personal representative
in the Deceased's will.
? Other (e.g., supplemental grant)
Describe below:
Prior grants issued by a foreign court
? Not applicable - no prior foreign grants
Has a foreign court issued a grant in relation to the Deceased's
estate?
? Yes ? No
If the answer to the above question is "yes", please answer the following
question for each foreign grant:
Was the foreign grant issued by any of the following?
* a court in a province or territory of Canada other than Alberta
* a court in the United Kingdom
* a court in a British possession, colony or dependency
* a court in a member nation of the British Commonwealth
? Yes ? No
If the foreign grant was issued by a court in one of the listed
jurisdictions, this application will be considered an application to
reseal the foreign grant.
If the foreign grant was not issued by a court in one of the listed
jurisdictions, this application will be considered an application for
an ancillary grant.
Part 2 - The Applicant(
s) Where there are 2 or more Applicants, each Applicant must provide a
separate response to the questions in this Part unless the responses
of all Applicants are identical.
2.1 Information about the Applicant(
s) Please provide the following information about each person applying for
appointment as a personal representative (the "Applicant(s)").
Full legal name
Other names known by
Address of Applicant
Email address of Applicant
Law firm(
s) representing Applicant(s)
? Not applicable
Name of law firm
Applicant(
s) represented by this law firm
(Required if there are multiple Applicants
who are represented by different law firms)
Address of law firm
Responsible lawyer
Email address of
responsible lawyer
Lawyer's file number
2.2 Priority of Applicant(
s) Priority among Applicants where a will exists
? Not applicable because the Deceased did not leave a will
Section 13(1)(
a) of the Estate Administration Act states that, unless the
Court orders otherwise, the priority to be given to an Applicant for a
grant, if a will exists, is as follows, in descending order of priority:
(
i) to a personal representative named in the will, unless that
person is incapable of acting or unwilling to act;
(ii) to a personal representative appointed by the person expressly
authorized in the will to appoint a personal representative;
(iii) to a residuary beneficiary named in the will;
(iv) to a life tenant of the residue named in the will;
(
v) to a beneficiary under an intestacy if the residue is not
completely disposed of in the will;
(vi) to a beneficiary receiving a specific gift in the will;
(vii) to a contingent beneficiary of the residue in the will;
(viii) to a contingent beneficiary of a specific gift in the will;
(ix) to the Crown in right of Alberta.
Where a will exists,
section 13(2) of the Estate Administration Act requires
that between Applicants of equal priority, preference must be given to a
resident of Alberta unless the Court, on application, rules otherwise.
Section 13(4) of the Estate Administration Act permits the persons who
are entitled to administer the estate to nominate a person to administer
the estate if the Deceased died leaving a will but did not appoint a
personal representative or if the personal representative named in the
will is incapable of acting or unwilling to act.
Section 14 of the Public Trustee Act states that where a person dies
anywhere leaving property in Alberta and a minor or a represented adult
for whom the Public Trustee is trustee has an interest in the estate, the
Public Trustee has the same priority to apply as the minor or the represented
adult for whom the Public Trustee is trustee would have if they were an adult
of full legal capacity. In addition, where a person dies anywhere leaving
property in Alberta and a minor or a represented adult for whom the Public
Trustee is trustee has an interest in the estate, the Public Trustee has priority
to apply over any person who is not a resident of Alberta in the following
circumstances:
(
i) the Deceased did not leave a will;
(ii) the Deceased's will does not appoint an executor;
(iii) any executors appointed by the Deceased's will have
renounced their right to apply, have died or cannot be located.
Do the Applicant or Applicants have priority to apply over all other
persons named as personal representative in the will?
? Yes ? No
Explain below why the Applicant is applying if the Applicant is not the
person with priority to apply. If a person having equal or higher priority to
apply is deceased or unable to act, this should be stated below. It is not
necessary to provide proof of death or incapacity.
If the Applicant's priority to apply is dependent upon the renunciations
and/or nominations of other persons, identify those persons renouncing
and/or nominating below and attach completed Form GA11
(renunciation) and/or Form GA13 (nomination), as appropriate.
Are the Applicant or Applicants 18 years of age or older?
? Yes ? No
Section 13(5) of the Estate Administration Act requires the Court to grant
authority to administer the estate to another person the Court considers
appropriate if the sole executor named in a will is a minor. On becoming
an adult, the executor named in the will may be granted the authority to
administer the remainder of the estate.
Possible revocation of appointment due to change in Applicant's relationship
with the Deceased
Under
section 25 of the Wills and Succession Act, the appointment of an individual
as personal representative is revoked in certain circumstances where the relationship
between the Deceased and the Applicant has changed unless the Court, in
interpreting the will, finds otherwise.
At any time on or after February 1, 2012, and after the will was made, was
the marriage of the Applicant to the Deceased terminated by a divorce
judgment?
? Yes ? No
At any time on or after February 1, 2012, and after the will was made, was
the marriage of the Applicant to the Deceased found by a court to be
void?
? Yes ? No
At any time on or after February 1, 2012, and after the will was made, had
the Applicant ceased to be the adult interdependent partner of the
Deceased?
? Yes ? No
If the answer to any of the above questions is "yes", the Applicant's
appointment as personal representative will be deemed to have been
revoked by operation of law unless the Court, in interpreting the will,
finds that the Deceased had a contrary intention.
If the Applicant believes the Deceased had a contrary intention, the
Applicant must apply to Court for an order interpreting the Deceased's
will before proceeding further. Notice of the application in Form C 1/C 2
must be served upon the person or persons who have the next highest
priority to apply for the grant.
Renunciations
? Not applicable
Name of person renouncing
Attach completed Form GA11
Nominations
? Not applicable
Name of person nominating
Attach completed Form GA13
Priority among Applicants where no will exists
? Not applicable because the Deceased left a will
Section 13(1)(
b) of the Estate Administration Act states that, unless the
Court orders otherwise, the priority to be given to an applicant for a grant,
if no will exists, is as follows, in descending order of priority:
(
i) to the surviving spouse or surviving adult interdependent
partner;
(ii) to a child of the Deceased;
(iii) to a grandchild of the Deceased;
(iv) to a descendant of the Deceased other than a child or
grandchild;
(
v) to a parent of the Deceased;
(vi) to a brother or sister of the Deceased;
(vii) to a child of the Deceased's brother or sister if the child is
a beneficiary under the intestacy;
(viii) to the next of kin of the Deceased determined in accordance
with sections 67 and 68 of the Wills and Succession Act who
are beneficiaries under the intestacy and are not otherwise
described above;
(ix) to a person who has an interest in the estate because of
a relationship with the Deceased;
(
x) to a claimant;
(xi) to the Crown in right of Alberta.
Where no will exists,
section 13(2) of the Estate Administration Act
requires the following preferences be given, unless the Court, on
application, rules otherwise:
(
i) that between Applicants of equal priority, preference must be
given to a resident of Alberta;
(ii) that as between a surviving spouse and a surviving adult
interdependent partner, preference be given to the surviving
spouse or surviving adult interdependent partner who lived with
the Deceased immediately or most recently before the
Deceased's death.
Section 13(4) of the Estate Administration Act permits the persons who
are entitled to administer the estate to nominate a person to administer
the estate if the Deceased died intestate.
Section 14 of the Public Trustee Act states that the Public Trustee has
the same priority to apply as a minor or a represented adult for whom the
Public Trustee is trustee would have if they were an adult of full legal
capacity. In addition, the Public Trustee has priority to apply over any
person who is not a resident of Alberta in the following circumstances:
(
i) the Deceased did not leave a will;
(ii) the Deceased's will does not appoint an executor;
(iii) any executors appointed by the Deceased's will have
renounced their right to apply, have died or cannot be located.
Do the Applicant or Applicants have priority to apply where
no will exists?
? Yes ? No
Explain below why the Applicant is applying if the Applicant is not
the person with priority to apply.
If a person having equal or higher priority to apply is deceased or
unable to act, this should be stated below. It is not necessary to
provide proof of death or incapacity.
If the Applicant's priority to apply is dependent upon the
renunciations and/or nominations of other persons, identify those
persons renouncing and/or nominating below and attach
completed Form GA11 (renunciation) and/or Form GA13
(nomination), as appropriate.
Renunciations
? Not applicable
Name of person renouncing
Attach completed Form GA11
Nominations
? Not applicable
Name of person nominating
Attach completed Form GA13
2.3 Bond or permission required
The Surrogate Rules require that unless at least one of the Applicants
resides in Alberta, the Applicant or Applicants must either provide a bond
or obtain permission from the Court to proceed.
Does at least one of the Applicants reside in Alberta?
? Yes ? No
If the answer to the above question is "yes", the Applicant or
Applicants may proceed without a bond.
If the answer to the above question is "no", the Applicant or
Applicants must either provide a bond or obtain the Court's
permission to proceed without a bond or with reduced or
alternate security.
Providing a bond
If a bond is required, the Surrogate Rules require that the bond
be from an insurer licensed under the Insurance Act to undertake
fidelity insurance as defined in the Classes of Insurance Regulation
(AR 144/2011). The amount of the bond must be equal to the gross value
of the Deceased's property in Alberta.
? Not applicable because a bond is not required
What is the gross value of the Deceased's estate in Alberta?
(attach completed Form GA2)
Amount of bond
Name of insurer licensed to undertake fidelity insurance
(attach bond)
Obtaining the Court's permission to proceed
The Court may, in its discretion, permit the Applicant(
s) to proceed
without a bond, by providing a bond for a reduced amount or by
providing other security approved by the Court. The Applicant(
s) may request the Court's permission to proceed by completing the
section below.
? Not applicable because a bond is not required
What is the gross value of the Deceased's estate in Alberta?
(attach completed Form GA2)
The Applicant(
s) make(
s) the following proposal:
(choose one of the following options)
One or more of the Applicants is requesting the
Court's permission to proceed without a bond.
Briefly explain why this proposal has been made.
The Applicant(
s) is (are) requesting the Court's
permission to reduce the amount of the bond.
What bond amount is proposed?
Briefly explain why this amount has been proposed.
The Applicant(
s) is (are) requesting the Court's
permission for approval of security other than a bond.
What alternate security is proposed?
Briefly explain why this proposal has been made.
Consent of beneficiaries
When determining whether to proceed without requiring a bond, the
Court will take into consideration whether some or all of the beneficiaries
have consented to the Applicant(s)'s proposal to proceed without a bond,
to proceed with a reduced bond amount or to proceed with alternate
security.
? Not applicable because a bond is not required
Name of beneficiary
(attach completed Forms GA2 and GA14)
2.4 Information about the will and any codicils
? Not applicable because the Deceased did not leave a will.
Date of will (mm/dd/yyyy)
Date(
s) of codicil(s) (mm/dd/yyyy)
? Not applicable
Does the will refer to a document that forms part of the will?
? Yes ? No
If the answer to the above questions is "yes", the Applicant(
s) must either attach the document to this application or explain
below why the document is not attached.
Does the Applicant or do the Applicants know of any other
document that forms part of the will?
? Yes ? No
If the answer to the above questions is "yes", the Applicant(
s) must either attach the document to this application or explain
below why the document is not attached.
Was the Deceased at least 18 years of age when the will was
made?
? Yes ? No
If the answer to the above question is "no", please answer the following questions:
Did the Deceased have a spouse or adult interdependent
partner when the will was made?
? Yes ? No
Was the Deceased a member of a regular force as defined in
the National Defence Act (Canada)?
? Yes ? No
Was the deceased a member of another component of the
Canadian Forces placed on active service under the National
Defence Act (Canada) when the will was made?
? Yes ? No
Was the Deceased authorized to make a will by an order of
the Court under
section 36 of the Wills and Succession Act?
? Yes ? No
Did the Deceased marry or enter into an adult interdependent
partner agreement after the date of the will and before February
1, 2012?
? Yes ? No
If the answer to the above question is "yes", please answer the following questions:
Is there a declaration in the will that it is made in
contemplation of the Deceased's marriage or entry into an
adult interdependent partner agreement?
? Yes ? No
Was the will made in exercise of power of appointment of real
or personal property that would not in default of the
appointment pass to the heir, executor, or administrator of the
testator or to the persons entitled to the estate of the testator
if the testator died intestate?
? Yes ? No
Part 3 - Persons requiring notification
3.1 Beneficiaries
Applicants are required by the Surrogate Rules to serve notice in Form GA3
on persons who are beneficiaries of the Deceased's estate.
Wills must be carefully reviewed to identify the Deceased's intended
beneficiaries and the nature of the gifts those beneficiaries are to
receive. Gifts in a will can be immediate, postponed, or contingent.
Beneficiaries who are to receive an immediate gift or a postponed gift
must be served notice in Form GA3. Beneficiaries who are to receive
only a contingent gift need not be served any form of notice.
Beneficiaries - specific gifts
Provide the following information for each person who is a beneficiary
that is to receive a specific gift in the will. These beneficiaries receive
only specified amounts of money or specific property items. They do
not share in the residue of the estate.
? Not applicable because the Deceased did not leave a will
Full legal name
Name in will (if different than above)
? Not applicable
Gift
Has this gift adeemed?
? Yes ? No
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
If the person lacks capacity, is this
person represented by either an
attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Was this beneficiary a minor on the
Deceased's date of death?
? Yes ? No
If the answer to the above question is "yes", notice is to be served on the Public Trustee
(Form GA4).
Is this beneficiary still a minor?
? Yes ? No
If the answer to the above question is "yes", notice is to be served
on the minor's guardian(s) (Form GA3).
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the beneficiary's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the beneficiary's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Residuary beneficiaries
Provide the following information for each person who is a residuary
beneficiary of the Deceased's estate.
? Not applicable because the Deceased did not leave a will
Full legal name
Name in will (if different than above)
? Not applicable
Gift
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
If the person lacks capacity, is this
person represented by either an
attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Was this person a minor on the Deceased's
date of death?
? Yes ? No
If the answer to the above question is "yes", notice is to be served on the Public Trustee
(Form GA4).
Is this person still a minor?
? Yes ? No
If the answer to the above question is "yes", notice is to be served
on the minor's guardian(s) (Form GA3).
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the beneficiary's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the beneficiary's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Beneficiaries on intestacy
Provide the following information for each person who is a beneficiary on
intestacy.
? Not applicable because the Deceased left a will and no intestacy arises under the
will
Full legal name
Relationship to Deceased
Gift
Applicable
section of the Wills and Succession Act
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
If the person lacks capacity, is this
person represented by either an
attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Was this person a minor on the Deceased's
date of death?
? Yes ? No
If the answer to the above question is "yes", notice is to be served on the Public Trustee
(Form GA4).
Is this person still a minor?
? Yes ? No
If the answer to the above question is "yes", notice is to be served
on the minor's guardian(s) (Form GA3).
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the beneficiary's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_____________________________________
_____________________________________
_____________________________________
_____________________________________
Email address
? This is the beneficiary's email address.
? This is the attorney's email address.
? This is the trustee's email address.
_____________________________________
3.2 Void gifts
? Not applicable because the Deceased did not leave a will
Are there any void gifts?
? Yes ? No
If the answer to the question above is "yes", please answer the questions
below to indicate why the gift is void.
Did a beneficiary act as a witness to the signature of the Deceased
on the will?
? Yes ? No
Did the spouse or adult interdependent partner of a beneficiary act
as a witness to the signature of the Deceased on the will?
? Yes ? No
Answer the following questions only if the will was made on or after February 1, 2012.
Was the will signed on the Deceased's behalf by a beneficiary?
? Yes ? No
Was the will signed on the Deceased's behalf by the spouse or adult
interdependent partner of a beneficiary?
? Yes ? No
Did a beneficiary act as an interpreter who provided translation
services in respect of making the will?
? Yes ? No
Did the spouse or adult interdependent partner of a beneficiary act
as an interpreter who provided translation services in respect of
making the will?
? Yes ? No
Intended recipients of void gifts
Provide the following information for each person who is an intended
recipient of a void gift.
? Not applicable because the Deceased did not leave a will
Full legal name
Name in will (if different than above)
? Not applicable
Gift
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
If the person lacks capacity, is this
person represented by either an
attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the recipient's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the recipient's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
3.3 Revoked gifts
? Not applicable because the Deceased did not leave a will
Are there any revoked gifts?
? Yes ? No
If the answer to the above question is "yes", please answer the questions below to indicate
why the gift has been revoked (subject to a finding by the Court, in interpreting the will, that
the Deceased had a contrary intention).
At any time on or after February 1, 2012, and after the will was made,
was the marriage of the intended recipient to the Deceased terminated
by a divorce judgment?
? Yes ? No
At any time on or after February 1, 2012, and after the will was made,
was the marriage of the intended recipient to the Deceased found by a
court to be void?
? Yes ? No
At any time on or after February 1, 2012, and after the will was made,
had the intended recipient ceased to be the adult interdependent
partner of the Deceased?
? Yes ? No
Intended recipients of revoked gifts
Please provide the following information for each person who is an
intended recipient of a revoked gift.
? Not applicable because the Deceased did not leave a will
Full legal name
Name in will (if different than above)
? Not applicable
Gift
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
If the person lacks capacity, is this
person represented by either an
attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the recipient's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the recipient's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
3.4 Persons with potential claims against the estate
Part 5 of the Wills and Succession Act
The Applicant(
s) is (are) required by
section 11(1) of the Estate
Administration Act to serve a copy of this grant application and a notice
in Form GA3 pertaining to the rights of family members under
Part 5 of
the Wills and Succession Act on certain family members.
Spouse
The Applicant(
s) must serve a copy of this grant application and a notice in
Form GA3 pertaining to the rights of family members on the Deceased's
spouse unless the spouse is entitled to receive the Deceased's entire estate.
Please provide the following information about any spouse of the Deceased.
? Not applicable
Full legal name
? Also a beneficiary ? Receives entire estate
Name in will (if different than above)
? Not applicable
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
Is this person represented by either
an attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the spouse's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the spouse's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Adult interdependent partner
The Applicant(
s) must serve a copy of this grant application and a notice
in Form GA3 pertaining to the rights of family members on the Deceased's
adult interdependent partner unless the adult interdependent partner is
entitled to receive the Deceased's entire estate. Please refer to the Adult
Interdependent Relationships Act for a definition of the term "adult
interdependent partner".
Please provide the following information about any adult interdependent
partner of the Deceased.
? Not applicable
Full legal name
? Also a beneficiary ? Receives entire estate
Name in will (if different from above)
? Not applicable
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
Is this person represented by either
an attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the adult interdependent
partner's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the adult interdependent
partner's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Adult children - unable to earn a livelihood (physical disability)
The Applicant(
s) must serve a copy of this grant application and a notice
in Form GA3 pertaining to the rights of family members on each child of
the Deceased who, on the date of the Deceased's death, was an adult
who was unable by reason of physical disability to earn a livelihood.
Please provide the following information about any adult child of the
Deceased who is unable to earn a livelihood due to physical disability.
? Not applicable
Full legal name
? Also a beneficiary
Name in will (if different than above)
? Not applicable
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
Is this person represented by either
an attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the adult child's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the adult child's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Adult children - full-time students
The Applicant(
s) must serve a copy of this grant application and a notice
in Form GA3 pertaining to the rights of family members on each child of
the Deceased who was, on the date of the Deceased's death,
(
a) at least 18 but less than 22 years of age, and
(
b) unable to withdraw from their parents' charge because the child
was a full-time student as determined in accordance with the
Family Law Act and its regulations.
Please provide the following information about any adult child of the
Deceased who was a full-time student.
? Not applicable
Full legal name
? Also a beneficiary
Name in will (if different than above)
? Not applicable
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
Is this person represented by either
an attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the adult child's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the adult child's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Adult children - unable to earn a livelihood (mental disability)
The Applicant(
s) must serve a copy of this grant application and a notice
in Form GA3 pertaining to the rights of family members on the attorney or
trustee of each adult
(
a) who is a child of the Deceased,
(
b) who was an adult on the date of the Deceased's death, and
(
c) who is unable to earn a livelihood by reason of mental disability.
Please provide the following information about any adult child of the
Deceased who is unable to earn a livelihood due to mental disability.
? Not applicable
Full legal name
? Also a beneficiary ? Receives entire estate
Name in will (if different than above)
? Not applicable
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
Is this person represented by either
an attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the adult child's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the adult child's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Minor children, grandchildren and great-grandchildren
The Applicant(
s) must serve a copy of this grant application and a notice
in Form GA4 pertaining to the rights of family members on the Public
Trustee, if the Deceased is survived by
(
a) a child who was a minor on the date of the Deceased's death, or
(
b) a grandchild or great-grandchild who was a minor on the date of
the Deceased's death and in respect of whom the Deceased
stood in the place of a parent on the date of the Deceased 's
death.
Please provide the following information about any child, grandchild or
great-grandchild of the Deceased described in (
a) or (
b) above.
? Not applicable
Minor's full legal name
? Also a beneficiary
Name in will (if different than above)
? Not applicable
Minor's date of birth (mm/dd/yyyy)
Minor's relationship to the Deceased
? Child
? Grandchild
? Great-grandchild
Guardians
The Applicant(
s) must serve a copy of this grant application and a notice
in Form GA3 pertaining to the rights of family members on each guardian
(
a) a child who was a minor on the date of the Deceased's death, and
(
b) a grandchild or great-grandchild who was a minor on the date of
the Deceased's death and in respect of whom the Deceased
stood in the place of a parent on the date of the Deceased's
death.
Please provide the following information about any guardian of a child,
grandchild or great-grandchild of the Deceased described in (
a) or (
b) above.
? Not applicable
Guardian's full legal name
Minor's full legal name
Name in will (if different than above)
? Not applicable
Minor's date of birth (mm/dd/yyyy)
Minor's relationship to the Deceased
? Child
? Grandchild
? Great-grandchild
Guardian's complete address for service
Guardian's email address
3.5 Persons with potential claims against the estate
- Family Property Act
Spouse
Section 11(2) of the Estate Administration Act requires the Applicant(
s) to
serve a copy of this grant application and a notice in Form GA3
pertaining to the rights of a spouse under the Family Property Act on any
spouse (as defined in that Act) unless that spouse is entitled to receive
the Deceased's entire estate.
Generally, the Family Property Act requires that an application for a
family property order by a spouse or former spouse be commenced not
later than 2 years after whichever of the following applies:
(
a) the date upon which the decree nisi is issued in divorce
proceedings;
(
b) the date upon which a declaration of nullity of marriage
has been made with respect to the Deceased's death;
(
c) the date upon which a judgment of judicial separation
has been granted to one of the spouses;
(
d) the date upon which a declaration of irreconcilability has been
made under the Family Law Act.
Please provide the following information about any spouse of the Deceased.
? Not applicable
Full legal name
? Also a beneficiary ? Receives entire estate
Name in will (if different than above)
? Not applicable
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
Is this person represented by either
an attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the spouse's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the spouse's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Former spouses
The Applicant(
s) must also serve a copy of this grant application and a
notice in Form GA3 pertaining to the rights of a spouse under the Family
Property Act on a former spouse if the former spouse has a right to make
a claim against the Deceased's estate under the Family Property Act.
Generally, the Family Property Act requires that an application for a
family property order by a spouse or former spouse be commenced not
later than 2 years after whichever of the following applies:
(
a) the date upon which the decree nisi is issued in divorce
proceedings;
(
b) the date upon which a declaration of nullity of marriage has been
made with respect to the Deceased's death;
(
c) the date upon which a judgment of judicial separation has been
granted to one of the spouses;
(
d) the date upon which a declaration of irreconcilability has been
made under the Family Law Act.
Please provide the following information about any former spouse of the
Deceased.
? Not applicable
Full legal name
? Also a beneficiary ? Receives entire estate
Name in will (if different than above)
? Not applicable
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
Is this person represented by either
an attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the former spouse's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the former spouse's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Adult interdependent partners
Section 11(2.1) of the Estate Administration Act requires the Applicant(
s) to serve a copy of this grant application and a notice in Form GA3
pertaining to the rights of an adult interdependent partner under the
Family Property Act on any adult interdependent partner (as defined in
that Act) unless that adult interdependent partner is entitled to receive
the Deceased's entire estate.
Generally, the Family Property Act requires that an application by an adult
interdependent partner or former adult interdependent partner for a family
property order be commenced not later than 2 years after the date the
applicant under the Family Property Act knew or, in the circumstances,
ought to have known that the applicant had become a former adult
interdependent partner.
Please provide the following information about any adult interdependent
partner of the Deceased.
? Not applicable
Full legal name
? Also a beneficiary ? Receives entire estate
Name in will (if different than above)
? Not applicable
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
Is this person represented by either
an attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the adult interdependent
partner's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the adult interdependent
partner's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
Former adult interdependent partners
The Applicant(
s) must also serve a copy of this grant application and a
notice in Form GA3 pertaining to the rights of an adult interdependent
partner under the Family Property Act on any former adult interdependent
partner if that former adult interdependent partner has a right to make a
claim against the Deceased's estate under the Family Property Act.
The Family Property Act requires that an application by an adult
interdependent partner or former adult interdependent partner for a family
property order be commenced not later than 2 years after the date the
applicant under the Family Property Act knew, or in the circumstances
ought to have known, that the applicant had become a former adult
interdependent partner.
Please provide the following information about any former adult
interdependent partner of the Deceased who has a right to make a claim
against the Deceased's estate under the Family Property Act.
? Not applicable
Full legal name
? Also a beneficiary ? Receives entire estate
Name in will (if different than above)
? Not applicable
Does this person have capacity to make
decisions respecting financial matters?
? Yes ? No
Is this person represented by either
an attorney or trustee?
? Yes - by an attorney
? Yes - by a trustee
? No
If the answer to the above question is "yes", notice is to be served on the person's
attorney or trustee.
If the answer to the above question is "no", this person does not have legal capacity
to be served.
Name of attorney or trustee
? Not applicable
Does this person have the legal capacity to be served?
? Yes ? No
If the answer to the above question is "yes", provide the complete address for service below.
Complete address for service
? This is the former adult interdependent
partner's address.
? This is the attorney's address.
? This is the trustee's address.
? This person cannot be located.
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Email address
? This is the former adult interdependent
partner's email address.
? This is the attorney's email address.
? This is the trustee's email address.
__________________________________________
3.6 Persons declared by the Court to be missing persons under
the Public Trustee Act
Section 12(1)(c)(iii) of the Estate Administration Act requires the Applicant(
s) to serve notice in Form GA4 on the Public Trustee in accordance with the
Surrogate Rules if the Court has declared that person to be a missing person
under the Public Trustee Act.
Please provide the following information about any person declared to be a
missing person under the Public Trustee Act.
? Not applicable
Full legal name
Name in will (if different than above)
? Not applicable
Person's interest
in estate
? Beneficiary of a specific gift
? Residuary beneficiary
? Intended recipient of
void gift
? Beneficiary on intestacy
? Potential claimant
- Wills and Succession Act
? Potential claimant
- Family Property Act
? Intended recipient of revoked gift
3.7 Persons not notified
The Estate Administration Act and the Surrogate Rules require the following
persons to be notified. However, for the reasons given below, the following
persons have not been notified:
? Not applicable
Full legal name
Name in will (if different than above)
? Not applicable
Person's interest
in estate
? Beneficiary of a specific gift
? Residuary beneficiary
? Intended recipient of
void gift
? Beneficiary on intestacy
? Potential claimant
- Wills and Succession Act
? Potential claimant
- Family Property Act
? Intended recipient of revoked gift
Reason for not
notifying
? This person does not have legal capacity to be served.
? This person cannot be located.
? Other (describe).
Proposal for
service
? Dispense with service
? Substitutional service
Describe the proposal for service below:
Part 4 - Documents and Other Information for
the Court's Consideration
4.1 Documents
The following documents form part of this grant application.
PROOF OF DEATH
? Death certificate or funeral director's statement of death
TESTAMENTARY DOCUMENTS (attach originals)
? Will
? Codicil(s)
? Fee agreement governing compensation payable to personal representative
? Mutual will agreement
? Other documents incorporated by reference into the will
Describe below:
COURT ORDERS
? Order interpreting will
? Order validating will
? Order rectifying will
? Order validating gift
? Other order
Describe below:
OTHER DOCUMENTS
? Affidavit(
s) of witness to will or codicil (Form GA8)
? Affidavit(
s) of handwriting (Form GA9)
? Renunciation(s) (Form GA11)
? Nomination(s) (Form GA13)
? Other documents
Describe below:
DOCUMENTS REQUIRED FOR BONDING
? Bond
? Inventory (Form GA2)
? Consent(
s) to waive bond (Form GA14)
DOCUMENTS REQUIRED FOR GRANTS OF DOUBLE PROBATE
? Current grant of probate
DOCUMENTS REQUIRED TO RESEAL GRANTS AND FOR ANCILLARY GRANTS
? Certified copy of foreign grant
? Inventory (Form GA2)
? Certificate of foreign court confirming foreign grant is unrevoked
and fully effective
4.2 Other information for the Court's consideration
Provide any additional information that the Court should consider with this
grant application.
__________________________________________________________
__________________________________________________________
4.3 Express authorizations - digital assets
An express authorization from the Court may be required by a digital asset
provider to enable a personal representative to deal with the deceased's
Describe any express authorizations being requested.
__________________________________________________________
__________________________________________________________
4.4 Proposed conditions and limitations on grant
Use this
section to describe to the Court any conditions or limitations that the
Applicant(
s) propose(
s) for the grant.
? None
? No distribution to beneficiaries without further order of the Court
? Other
Describe below:
Part 5 - Applicant's Oath or Affirmation
Oath or Affirmation
The Applicant(s) (severally) swear(
s) or affirm(
s) as follows:
5.1. All information contained in this grant application is true to the best of
my knowledge and belief.
5.2. I believe the original will (and codicil(s), if any) attached to this grant
application are the will (and codicil(s), if any) made by the Deceased. I do not
know of any later wills or codicils.
5.3. I acknowledge that I am required by law to carry out the core tasks of a
personal representative, which are as follows:
(
a) identifying the estate assets and liabilities;
(
b) administering and managing the estate;
(
c) satisfying the debts and obligations of the estate;
(
d) distributing and accounting for the administration of the estate.
I further acknowledge that the core tasks of a personal representative may
include, but are not limited to, those activities described in the
Schedule to
the Estate Administration Act. I have reviewed the current version of the
Schedule.
5.4. I acknowledge that I am required by law to perform my role as personal
representative
(
a) honestly and in good faith,
(
b) in accordance with the Deceased's intentions and with the will and
codicils, and
(
c) with the care, diligence and skill that a person of ordinary
prudence would exercise in comparable circumstances where a
fiduciary relationship exists.
I further acknowledge that I may be required by law to exercise a greater
degree of skill if, because of my profession, occupation or business, I
possess or ought to possess a particular degree of skill that is relevant to the
performance of my role of personal representative and that is greater than
that which a person of ordinary prudence would be expected to exercise in
dealing with the property of another person.
5.5. I undertake to give notice of this grant application to all persons entitled
to receive notice according to law.
5.6. I undertake to serve an inventory of the Deceased's assets and
liabilities in Form GA2 on all persons entitled to receive one according to law.
I undertake to file proof of service of the inventory in Form GA5.
5.7. If the value of any asset or debt listed in the inventory served by me is
described as "to be determined", I undertake to serve an amended inventory
in Form GA2 on all persons entitled to receive one according to law when
updated information becomes available.
I undertake to file proof of service of the amended inventory in Form GA5.
5.8. I acknowledge that as personal representative, I am required by law to
distribute the estate as soon as practicable.
5.9. I will not distribute any property to a trustee described in Form GA20
until the trustee has signed an Affidavit of Trustee in Form GA20, which I
undertake to retain.
5.10. I undertake to notify all beneficiaries and persons with potential claims
against the estate who have been identified in this grant application by
providing them with a notice of grant issuing in Form GA7 when the grant has
issued.
5.11. I will faithfully administer the Deceased's estate according to law and
will give a true accounting of its administration to the persons entitled to it
when lawfully required.
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
_________________________
Signature of Applicant
_________________________
Name of Applicant
________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
COURT USE ONLY
ORDER: ISSUE A GRANT
Type of Grant to Issue
? PROBATE
? ADMINISTRATION
? ADMINISTRATION WITH WILL ANNEXED
? DOUBLE PROBATE
? ADMINISTRATION OF UNADMINISTERED
PROPERTY
? OTHER:
? CONDITIONS AND LIMITATIONS:
__________________________________________ ________________
Justice of the Court of Queen's Bench of Alberta Date (mm/dd/yyyy)
Form GA2
Inventory
Estate Name
Date of Death
Address for Service and
Contact Information for
Party Filing this Document
___________________________________________________________
NOTICE TO RECIPIENT OF INVENTORY
A grant application is being made to the Court by ___________________
(the "Applicant(s)") in respect of the estate of ______________________
(the "Deceased").
This inventory has been prepared by the Applicant(
s) to the best of their
ability using information they believe to be accurate and complete. The
values shown are as at the date of the Deceased's death. Where the value
of an item has been described as "to be determined", the Applicant(
s) has
(have) undertaken to serve an amended inventory when updated information
becomes available.
This inventory identifies the assets and liabilities of the Deceased wherever
they are located.
The Court does not review the content of this inventory. It is your
responsibility to satisfy yourself as to the accuracy and completeness
of this inventory. Concerns about this inventory should be addressed
to the Applicant(s).
Part 1 - Assets owned by the Deceased
This
Part lists the assets owned by the Deceased, including all assets owned
by the Deceased as a tenant-in-common, but does not include assets owned
jointly by the Deceased.
1.1 Land and minerals
? Not applicable
Municipal address or legal description
Within Alberta
Outside Alberta
Estimated gross value
Mortgages and other financial
encumbrances
($ )
($ )
Estimated net value
1.2 Bank and investment accounts
? Not applicable
Financial institution
Description
Within Alberta
Outside Alberta
Balance
1.3 Shares in public or private companies
? Not applicable
Company
Description
Within Alberta
Outside Alberta
Value
1.4 Annuities, pensions and benefit plans payable to estate
? Not applicable
Provider of annuity/pension/benefit
Within Alberta
Value
1.5 Life insurance payable to estate
? Not applicable
Life insurance provider
Within Alberta
Value
1.6 Household goods and personal effects
? Not applicable
Item
Within Alberta
Outside Alberta
Estimated value
1.7 Other property
? Not applicable
Item
Within Alberta
Outside Alberta
Estimated value
Total value of assets owned
by the Deceased
Part 2 - Assets owned jointly by the Deceased
and persons other than a spouse or adult
interdependent partner
The assets listed below have been identified by the Applicant(
s) as being
jointly owned by the Deceased and persons other than the Deceased's
spouse or adult interdependent partner. Although this list has been
prepared by the Applicant(
s) to the best of their ability using available
information, the list may not be complete as not all information about
the Deceased's jointly-owned property is necessarily available to the
Applicant(s).
Succession to a Deceased's jointly owned assets is governed by the
common law. Jointly-owned assets may either form part of the
Deceased's estate or they may pass outside the Deceased's estate by
right of survivorship to the surviving joint owners. Entitlement is generally
determined by ascertaining the Deceased's intentions where possible
and by applying certain legal presumptions. Entitlement in each situation
depends on its facts.
The Applicant(
s) must determine whether assets owned jointly by the
Deceased and persons other than a spouse or adult interdependent
partner form part of the Deceased's estate or if ownership of the assets
passes to the surviving joint owner or owners. However, the decision of the
Applicant(
s) on these matters is not determinative. If you have concerns
about the determinations by the Applicant(
s) in this inventory, you may wish
to consult with your own lawyers immediately.
2.1 Jointly-owned land and minerals
? Not applicable
Municipal address or legal description
? Joint asset passes outside of estate
? Joint asset forms part of estate
Joint owner(s) (if known)
Within Alberta
Outside Alberta
Gross value
Mortgages and other financial
encumbrances
($ )
($ )
Net value
Net value to estate (Indicate nil
if asset passes outside of estate)
2.2 Jointly-owned bank and investment accounts
? Not applicable
Financial institution
Description
? Joint asset passes outside of estate
? Joint asset forms part of estate
Joint owner(s) (if known)
Within Alberta
Outside Alberta
Balance
Value to estate (Indicate nil if
asset passes outside of estate)
2.3 Jointly-owned shares in public or private companies
? Not applicable
Company
Description
? Joint asset passes outside of estate
? Joint asset forms part of estate
Joint owner(s) (if known)
Within Alberta
Outside Alberta
Value
Value to estate (Indicate nil if joint
asset passes outside of estate)
2.4 Jointly-owned household goods and personal effects
? Not applicable
Item
? Joint asset passes outside of estate
? Joint asset forms part of estate
Joint owner(s) (if known)
Within Alberta
Outside Alberta
Value
Value to estate (Indicate nil if joint
asset passes outside of estate)
2.5 Other jointly-owned property
? Not applicable
Item
? Joint asset passes outside of estate
? Joint asset forms part of estate
Joint owner(s) (if known)
Within Alberta
Outside Alberta
Value
Value to estate (Indicate nil if joint
asset passes outside of estate)
Total jointly-owned assets that form
part of the Deceased's estate
Part 3 - Liabilities (excluding mortgages)
? Not applicable
Description
Estimated value
Deceased's total liabilities (excluding mortgages)
Part 4 - Net value of estate
The net value of the Deceased's estate is determined by adding the
Deceased's total assets (Part 1) and the total jointly-owned assets that
form part of the Deceased's estate (Part 2), then subtracting the
Deceased's liabilities (Part 3).
Within Alberta
Outside Alberta
Total value of the assets owned
by the Deceased
Indicate the total determined under
Part 1
Total jointly-owned assets
forming part of the Deceased's
estate
Indicate the total determined under
Part 2
Total value of the Deceased's
assets
Calculate the total value of the Deceased's
assets within and outside Alberta by adding
the total value of the assets owned by the
Deceased to the total jointly-owned assets
forming part of the Deceased's estate
Total liabilities of the Deceased
(excluding mortgages)
Indicate the total determined under
Part 3
($ )
Net value of the Deceased's
estate within Alberta
Calculate the net value of the Deceased's
estate in Alberta by deducting the total
liabilities of the Deceased (excluding
mortgages) from the total value of the
Deceased's assets within Alberta
Net value of Deceased's estate
Calculate the net value of the Deceased's
estate by adding the total value of the
Deceased's assets outside Alberta to the
net value of the Deceased's estate within
Alberta
_____________________________ __________________________
Applicant(
s) Date (mm/dd/yyyy)
Form GA3
Notice to Beneficiaries
and Other Interested
Parties
Court Court of Queen's Bench of Alberta
(Surrogate Matter)
Judicial Centre
Estate Name
Date of Death
Address for Service and
Contact Information for
Party Filing this Document
Name of Recipient of Notice
__________________________________________________________
The Estate Administration Act and the Surrogate Rules require grant
applicants to notify beneficiaries and certain other parties with interests in
the Deceased's estate. You are one of the persons entitled to be notified.
You can contact the Applicant(s), __(name(
s) of Applicant(
s) or lawyer(s))__,
at ____(name of law firm(s), if applicable)____, (phone number)
for any further information you may need.
_________________________________ Date: _____(mm/dd/yyyy)_______
Signature(
s) of Applicant(s)
_________________________________
Name(
s) of Applicant(s)
__________________________________________________________
1. Beneficiary - non-residuary gifts
? Not applicable to this notice recipient
You are named as a non-residuary beneficiary in the will of the Deceased.
The will gives you ___________________.
A grant has been applied for by the Applicant(s).
Once the Court issues the grant, the Applicant(
s) must collect in the
estate property, pay the debts, complete the administration of the estate
and anything else required of the Applicant(s). The Applicant(
s) will then
be able to distribute your gift to you if it is not needed to pay the debts
and expenses of the estate. Distribution of the estate may be delayed
if a claim is made against the estate under the Family Property Act or
Part 5 of the Wills and Succession Act.
Applicants have certain duties under the Estate Administration Act,
including requirements to communicate regularly with beneficiaries and
to maintain proper financial records. If you believe that the Applicant(
s) is (are) not complying with any of their duties under that Act, first try to
resolve the matter through discussion with the Applicant(s). If you are
unable to resolve the matter, you or your lawyer may apply to the Court,
which may provide a remedy if it is satisfied that the Applicant(
s) is (are)
not complying with their duties.
2. Residuary beneficiary
? Not applicable to this notice recipient
You are named as a residuary beneficiary in the will of the Deceased.
The will gives you ___________________.
A grant has been applied for by the Applicant(s).
Enclosed with this notice are copies of the grant application (Form GA1)
and the inventory (Form GA2) prepared by the Applicant(s). The
inventory is for your information and reference. It is your responsibility
to satisfy yourself as to the accuracy and completeness of the
inventory. The Court does not review the content of the inventory.
Once the Court issues the grant, the Applicant(
s) must collect in the
estate property, pay the debts, complete the administration of the estate
and anything else required of the Applicant(s). The Applicant(
s) will then
be able to distribute your gift to you if it is not needed to pay the debts
and expenses of the estate. Distribution of the estate may be delayed
if a claim is made against the estate under the Family Property Act or
Part 5 of the Wills and Succession Act.
Applicants have certain duties under the Estate Administration Act,
including requirements to communicate regularly with beneficiaries and
to maintain proper financial records. If you believe that the Applicant(
s) is (are) not complying with any of their duties under that Act, first try to
resolve the matter through discussion with the Applicant(s). If you are
unable to resolve the matter, you or your lawyer may apply to the Court,
which may provide a remedy if it is satisfied that the Applicant(
s) is (are)
not complying with their duties.
3. Beneficiary on intestacy
? Not applicable to this notice recipient
The Deceased died without leaving a will.
Part 3 of the Wills and
Succession Act determines which relatives of the Deceased inherit the
estate. You are one of the relatives entitled to inherit the Deceased's
estate.
The Act entitles you to receive ____________________.
A grant has been applied for by the Applicant(s).
Enclosed with this notice is a copy of the grant application (Form GA1)
and the inventory (Form GA2) prepared by the Applicant(s). The
inventory is for your information and reference. It is the responsibility
of the beneficiaries and other parties receiving this notice to
satisfy themselves as to the accuracy and completeness of the
inventory. The Court does not review the content of the inventory.
Once the Court issues the grant, the Applicant(
s) must collect in the
estate property, pay the debts, complete the administration of the
estate and anything else required of the Applicant(s). The Applicant(
s) will then be able to distribute your gift to you if it is not needed to pay
the debts and expenses of the estate. Distribution of the estate may
be delayed if a claim is made against the estate under the Family
Property Act or
Part 5 of the Wills and Succession Act.
Applicants have certain duties under the Estate Administration Act,
including requirements to communicate regularly with beneficiaries
and to maintain proper financial records. If you believe that the
Applicant(
s) is (are) not complying with any of their duties under that
Act, first try to resolve the matter through discussion with the
Applicant(s). If you are unable to resolve the matter, you or your
lawyer may apply to the Court, which may provide a remedy if it is
satisfied that the Applicant(
s) is (are) not complying with their duties.
4. Intended recipient of void gift
? Not applicable to this notice recipient
You are named as a beneficiary in the will of the Deceased.
A grant has been applied for by the Applicant(s).
The will gives you _________________________.
This is a specific gift.
This is a residuary gift. Copies of the grant application (Form GA1)
and inventory (Form GA2) prepared by the Applicant(
s) are
enclosed.
The gift made to you is void because:
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 on or after February 1, 2012 and you signed the
will on behalf of the Deceased.
The will was made on or after February 1, 2012 and you were the
spouse or adult interdependent partner of a person who signed the
will on behalf of the Deceased.
The will was made on or after February 1, 2012 and you were an
interpreter who provided translation services in respect of making
the will.
The will was made on or after February 1, 2012 and you were the
spouse or adult interdependent partner of an interpreter who
provided translation services in respect of making the will.
You may make an application to the Court to validate the gift made to
you.
You must begin any application within 6 months after the date the
Court issues the grant. The personal representative is required to
notify you using Form GA7 when the Court issues the grant.
You may wish to consult with your own lawyers for advice on how to
proceed.
5. Intended recipient of revoked gift
? Not applicable to this notice recipient
You are named as a beneficiary in the will of the Deceased.
A grant has been applied for by the Applicant(s).
The will gives you _________________________.
This is a specific gift.
This is a residuary gift. Copies of the grant application (Form GA1)
and inventory (Form GA2) prepared by the Applicant(
s) are
enclosed.
Unless the Court, in interpreting the will, finds the Deceased had a
contrary intention, the gift to you is deemed to be revoked by
section
25 of the Wills and Succession Act because:
At a time on or after February 1, 2012, and after the will was made,
your marriage to the Deceased was terminated by a divorce
judgment.
At a time on or after February 1, 2012, and after the will was made,
your marriage to the Deceased was found by a court to be void.
At a time on or after February 1, 2012, and after the will was made,
you ceased to be the adult interdependent partner of the Deceased.
You may apply to the Court to have the will interpreted if you believe
the gift to you should not be revoked.
You may wish to consult with your own lawyers for advice on how to
proceed.
6. Family member with a potential claim against the estate
under
Part 5 of the Wills and Succession Act
? Not applicable to this notice recipient
You may be entitled to make a claim for maintenance and support
from the Deceased's 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 spouse or adult interdependent partner of the Deceased;
a child of the Deceased who is under 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 their parents' charge because the child 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 the Deceased's 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.
You should begin your application to change the distribution of the
estate within 6 months after the date on which the Court issues the
grant. After that, the Applicant(
s) may distribute the estate property
and you can only apply to change the distribution 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. The personal
representative is required to notify you using Form GA7 when the
Court issues the grant.
Enclosed with this notice is a copy of the grant application (Form
GA1) and the inventory (Form GA2) prepared by the Applicant(s).
The inventory is for your information and reference. It is the
responsibility of the beneficiaries and other parties receiving
this notice to satisfy themselves as to the accuracy and
completeness of the inventory. The Court does not review the
content of the inventory.
If you want to take this further, you must act immediately. You may
wish to consult a lawyer for advice on how to proceed.
7. Person with a potential claim against the estate under the
Family Property Act
? Not applicable to this notice recipient
You may have a claim under the Family Property Act on the property
in the estate. This must be addressed before the estate can be
distributed.
The Family Property Act gives rights to a spouse, adult
interdependent partner, former spouse, or former adult interdependent
partner in certain circumstances and the law requires that notice be
given to you because you are the spouse, adult interdependent
partner, former spouse, or former adult interdependent partner and
you have not been given all the property in the estate.
You must begin any application within 6 months after the date on
which the Court issues the grant. The personal representative is
required to notify you using Form GA7 when the Court issues the
grant. However, there are other time limits in the Family Property Act
which may mean that you have less than 6 months.
Enclosed with this notice is a copy of the grant application (Form GA1)
and the inventory (Form GA2) prepared by the Applicant(s). The
inventory is for your information and reference. It is the
responsibility of the beneficiaries and other parties receiving this
notice to satisfy themselves as to the accuracy and
completeness of the inventory. The Court does not review the
content of the inventory.
You may wish to consult a lawyer for advice on how to proceed.
Form GA4
Notice to Public Trustee
Court Court of Queen's Bench of Alberta
(Surrogate Matter)
Judicial Centre
Estate Name
Date of Death
Address for Service and
Contact Information for
Party Filing this Document
____________________________________________________________
The Public Trustee is given notice that a grant has been applied for by the
Applicant(
s) shown in the attached grant application (Form GA1).
1. Beneficiaries and intended recipients of void or revoked gifts
Represented adult beneficiaries for whom the Public Trustee acts as trustee
The Public Trustee is being notified because the Public Trustee acts as
trustee for the following represented adult who has an interest or potential
interest in the Deceased's estate, either as a beneficiary or as the intended
recipient of a void or revoked gift.
? Not applicable
Full legal name
Name in will (if different than above)
? Not applicable
Person's interest in estate
? Beneficiary of a non-residuary gift
? Residuary beneficiary
? Beneficiary on intestacy
? Intended recipient of void gift
? Intended recipient of revoked gift
Minor beneficiaries
? Not applicable
The Public Trustee is being notified because the following person was a
minor on the date of the Deceased's death and has an interest or potential
interest in the Deceased's estate, either as a beneficiary or as the intended
recipient of a void or revoked gift.
Minor's full legal name
Minor's name in will (if different than above)
? Not applicable
Minor's date of birth (mm/dd/yyyy)
Person's interest in estate
? Beneficiary of a non-residuary gift
? Residuary beneficiary
? Beneficiary on intestacy
? Intended recipient of void gift
? Intended recipient of revoked gift
Missing persons
? Not applicable
The Public Trustee is being notified because the following person, who has
been declared to be a missing person by an order of the Court under the
Public Trustee Act, has an interest or potential interest in the Deceased's
estate as a potential claimant, beneficiary or intended recipient of a void or
revoked gift.
Full legal name
Person's interest in estate
? Potential claimant -
Wills and Succession Act
? Beneficiary of a
non-residuary gift
? Residuary beneficiary
? Beneficiary on intestacy
? Potential claimant -
Family Property Act
? Intended recipient
of void gift
? Intended recipient of
revoked gift
2. Persons with potential claims against the estate
Part 5 of the Wills and Succession Act - represented adults
The Public Trustee is being notified because the Public Trustee acts as
trustee for the estates of the following represented adults who are potential
claimants by reason of being family members for the purposes of
Part 5 of
the Wills and Succession Act.
? Not applicable
Full legal name
Name in will (if different than above)
? Not applicable
Relationship to the Deceased
? Spouse ? Adult interdependent partner
? Child ? Grandchild ? Great-grandchild
Part 5 of the Wills and Succession Act - minors
? Not applicable
Full legal name
Name in will (if different than above)
? Not applicable
Date of birth (mm/dd/yyyy)
Relationship to the Deceased
? Spouse ? Adult interdependent partner
? Child ? Grandchild ? Great-grandchild
Family Property Act
The Public Trustee is being notified because the Public Trustee acts as
trustee for the estates of the following represented adults who are potential
claimants by reason of being a spouse, former spouse, adult interdependent
partner or former adult interdependent partner of the Deceased for the
purposes of the Family Property Act.
? Not applicable
Full legal name
Name in will (if different than above)
? Not applicable
Relationship to the Deceased
? Spouse ? Adult interdependent partner
? Child ? Grandchild ? Great-grandchild
_____________________________ __________________________
Applicant(
s) Date (mm/dd/yyyy)
Office of the Public Trustee acknowledgement to the Court of
Queen's Bench of Alberta and to the Applicant(s):
The Public Trustee
? does not intend to be represented on the grant application.
? intends to be represented on the grant application.
The Public Trustee confirms the following, as applicable:
? Any property to which a minor is entitled from the estate must be
delivered to the Public Trustee.
? Clause ___ of the will appoints ______________________________
as trustee of money or property to which the minor, _____________,
is entitled under the will. The will does not appoint the Public Trustee to
monitor on behalf of the minor. Accordingly, the Public Trustee will not
monitor the trustee on behalf of the minor unless the Court directs the
Public Trustee to monitor pursuant to
section 22 of the Public Trustee
Act.
? Clause _____ of the will appoints ____________________________
as trustee of money or property to which the minor, _____________,
is entitled under the will and clause ___ appoints the Public Trustee to
monitor on behalf of the minor. Accordingly, the Public Trustee will
monitor the trustee on behalf of the minor.
? The Public Trustee reserves the right to apply under the provisions
Part 5, Division 2 of the Wills and Succession Act on behalf of
_____________________________.
_________________________________ _______________________
Public Trustee of Alberta Date (mm/dd/yyyy)
The Court of Queen's Bench requires submissions to be made as to
whether the Public Trustee should monitor the trust for the benefit of
minor beneficiaries. Either the Applicant(
s) or the Public Trustee, on
notice to the other, must arrange for the Court to hear the submissions.
__________________________________________ _______________
Justice of the Court of Queen's Bench of Alberta Date (mm/dd/yyyy)
Form GA5
Affidavit of Service
Court Court of Queen's Bench of Alberta
(Surrogate Matter)
Judicial Centre
Estate Name
Deponent
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
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.
On (mm/dd/yyyy) , I served true copies of the following documents:
Attached as Document
Exhibit
A _________________
on the following:
Name Address Manner of service:
___________________ __________________ __________________
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
_________________________
Signature of Applicant
_________________________
Name of Applicant
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA6
Grant
Court Court of Queen's Bench of Alberta
(Surrogate Matter)
Judicial Centre
Estate Name
__________________________________________________________
There are no previous grants issued in the estate of (name of Deceased) .
This order revokes the previous grant issued in the estate of (name of
Deceased) on (mm/dd/yyyy) .
And therefore, by order of the Honourable Justice _____________________,
dated (mm/dd/yyyy) , the Court has granted (probate of the attached
will/codicil/list OR administration) of all the Deceased's property and digital
assets to (name of Applicant(s)/personal representative) , the personal
representative of the estate of (name of Deceased) .
This grant has the following conditions, limitations and express authorizations:
[None.]
[List conditions, limitations and express authorizations.]
The Court makes the following directions in respect of this grant.
[None.]
[List directions.]
__________________________________________ _______________
Justice of the Court of Queen's Bench of Alberta Date (mm/dd/yyyy)
Form GA7
Notice of Grant Issuing
Court Court of Queen's Bench of Alberta
(Surrogate Matter)
Judicial Centre
Estate Name
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
The Court has issued a grant of (probate OR administration) to (name of
Applicant(s)/personal representative) , personal representative(
s) of the estate
of (name of Deceased) .
The grant of (probate OR administration) is issued on (mm/dd/yyyy) .
_________________________________ _______________________
Personal representative(
s) or lawyer(
s) Date (mm/dd/yyyy)
for personal representative(
s) Form GA8
Affidavit of Witness to a Will
Testator Name
Deponent
Exhibit Attached: A - Original will dated (mm/dd/yyyy)
__________________________________________________________
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 witnesses to the will of the testator, ________________.
2. The will is dated ___(mm/dd/yyyy)___ and is marked as Exhibit A to this
affidavit.
3. The testator, the other witness to the will and I were all present
together when the testator and the witnesses signed the will.
4. Before the testator signed the will, the testator made the following
changes to it:
4.1.
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
______________________
Deponent
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA9
Affidavit of Handwriting
Testator Name
Deponent
Exhibit Attached: A - Original will dated (mm/dd/yyyy)
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
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 knew the testator, ________________, well and for _____ years before
the testator died. I frequently saw the testator write and sign
documents and I am very familiar with the testator's handwriting and
signature.
2. I have carefully examined the document dated (mm/dd/yyyy) ,
which purports to be the testator's will and which is marked as Exhibit
A to this affidavit.
3. I believe the whole of the will including the signature is in the testator's
handwriting.
4. I believe that the signature appearing on page _____ of the will is that
of the testator.
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
______________________
Deponent
__________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA10
Affidavit Verifying Translation
Testator Name
Deponent
Exhibits Attached: A - Original will dated (mm/dd/yyyy)
B - Translation of will
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
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.
I am competent to translate documents from either language to the
other.
2. I have carefully examined the document dated (mm/dd/yyyy) ,
which purports to be the testator's will and which is marked as Exhibit A
to this affidavit. It is written in the _____________ language.
is accurate.
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
______________________
Deponent
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA11
Renunciation
Estate Name
Deponent
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
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 a person that may apply to the Court of Queen's Bench of Alberta
for a grant under
section 13(1) of the Estate Administration Act to
administer the estate.
2. I do not wish to serve as the Deceased's personal representative.
3. I renounce my entitlement to apply for a grant.
4. I have not intermeddled in the Deceased's estate.
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
______________________
Deponent
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA12
Reservation of Right to
Apply for a Grant
Estate Name
Deponent
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
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. The Deceased, _______________, signed a will in which I am
appointed as one of the personal representatives.
2. I wish the administration of the Deceased's estate to proceed but I do
not wish to administer the Deceased's estate at this time.
3. I reserve the right to apply for a grant of double probate.
4. I consent to the issuance of a grant subject to my reservation.
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
______________________
Deponent
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA13
Nomination
Estate Name
Deponent
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
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 a person that may nominate a person to administer the estate of
(name of Deceased) under
section 13(4) of the
Estate Administration Act.
2. I nominate ____________________ to apply for a grant.
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
______________________
Deponent
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA14
Beneficiary's Consent to
Waive or Reduce Bond
Estate Name
Deponent
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
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 aware that ___________________ (the "Applicant(s)") will apply
to the Court for a grant.
2. I have an interest in the administration of the estate of _______________
because I am a beneficiary.
3. I consent to a grant being issued to the Applicant(
s) on the following
basis:
? without bond or other security.
? with bond in the reduced amount of $________________.
? with the following security in the amount of $_________________
instead of a bond:______________________________________.
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
______________________
Deponent
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA15
Notice to Creditors and Claimants
Estate of ________________________, who died on (mm/dd/yyyy)
If you have a claim against this estate, you must file your claim
By: (mm/dd/yyyy)
Date (at least 30 days from date of last publication)
With: _________________________________________________
Name of personal representative or lawyer
At: ____________________________________________________
Complete address of personal representative or lawyer
If you do not file by the date set out above, the estate property may be
lawfully distributed without regard to any claim you may have.
Form GA16
Statutory Declaration
of Publication
Court Court of Queen's Bench of Alberta
(Surrogate Matter)
Judicial Centre
Estate Name
Exhibit Attached Advertisement
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
THE DECLARANT SOLEMNLY DECLARES THAT THE INFORMATION
IN THIS STATUTORY DECLARATION IS WITHIN THE DECLARANT'S
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED
ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1. The declarant's name is ________________ and the declarant's
complete address is __________________.
2. The declarant states that, on examination of the ___________________,
a newspaper published in ____________________, Alberta, true copies
of the attached advertisement, marked as Exhibit A to this affidavit,
appeared in the following issues of the newspaper:
___________________________________________________________
___________________________________________________________
DECLARED BEFORE A COMMISSIONER FOR OATHS IN AND FOR THE
PROVINCE OF ALBERTA AT ___________________, ALBERTA ON
(month) (day) , 20___.
______________________
Declarant
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA17
Statutory Declaration
by Creditors and
Claimants
Court Court of Queen's Bench of Alberta
(Surrogate Matter)
Judicial Centre
Estate Name
Date of Death
Address for Service and
Contact Information for
Party Filing this Document
__________________________________________________________
THE DECLARANT SOLEMNLY DECLARES THAT THE INFORMATION
IN THIS STATUTORY DECLARATION IS WITHIN THE DECLARANT'S
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED
ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1. The declarant's name is ________________ and the declarant's
complete address is __________________.
2. The declarant makes this claim as a ________________________.
3. The amount claimed against the estate is ____________________.
4. The claim is based on ___________________________________.
5. The declarant holds the following security for this debt:
_______________________________.
6. The security is owned by _____________________________________.
7. The declarant values the security at ____________________________.
8. The Deceased is _________________ liable for this debt.
DECLARED BEFORE A COMMISSIONER FOR OATHS IN AND FOR THE
PROVINCE OF ALBERTA AT ___________________, ALBERTA ON
(month) (day) , 20___.
______________________
Declarant
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA18
Renunciation of Trusteeship
Estate Name
Deponent
__________________________________________________________
Type of trustee
? Named in the will as a trustee.
? Named by the personal representative who is
authorized in the will to appoint a trustee or trustees.
? Named by _______________________ who is
authorized in the will to appoint a trustee or trustees.
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. The Deceased, ________________, signed a will dated (mm/dd/yyyy)
pursuant to which I am named or appointed trustee of the following trusts:
Name of Beneficiary
Age
Address
2. I renounce my right and titles as trustee appointed by the Deceased's will.
3. I have not acted as trustee or in any way dealt with the trust property.
? SWORN OR ? AFFIRMED BEFORE A COMMISSIONER FOR OATHS
IN AND FOR THE PROVINCE OF ALBERTA AT ___________________,
ALBERTA ON (month) (day) , 20___.
? BASIS FOR AFFIRMATION CONFIRMED
______________________
Deponent
___________________________________________
A Commissioner for Oaths in and for Alberta
Appointment expiry date (mm/dd/yyyy)
Form GA19
Report of Clerk to
Justice
Court Court of Queen's Bench of Alberta
(Surrogate Matter)
Judicial Centre
Estate Name
Procedure Grant Application
__________________________________________________________
1. I have examined the application and supporting material and report that,
to the best of my knowledge, it appears to comply with the Surro