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AB Probate Kit update

As of November 6, 2016, the publisher has told me that the new, fully revised edition is not going to be released just yet. They are working their way through the existing inventory of the current edition first before printing the new ones. Those of you who are buying the book now, please be reassured that ALL of the updates are available at no cost through the CD and link provided along with the current book. And you can always ask me a question here if something isn't clear.

The cost of filing for probate or administration in Alberta has increased. Here is the new schedule of fees:
What does it cost to file a probate application?
Fees are charged based on the net value of the estate as follows:
Estates valued at $10,000 and under:                                    $35.00
Estates valued over $10,000 but not more than $25,000:        $135.00
Estates valued over $25,000 but not more than $125,000:      $275.00
Estates valued over $125,000 but not more than $250,000:    $400.00
Estates valued over $250,000:                                             $525.00

Court filing fees and other fees charged by the Surrogate office are set out in the Court Fee Schedule in Surrogate Rules of Court, Part 5, Schedule 2.These Rules are available to view online and can be purchased through the Queens Printer Bookstore.



Changes to Alberta Surrogate Rules and Forms:
Section 10 of Estate Administration Act – new NGA forms

Alberta’s new Estate Administration Act came into force on June 1, 2015. This has brought changes to the forms that must be prepared by executors and some changes to the procedures to be followed.

One of the most substantive changes concerns executors who are named under wills but who are not applying for probate.  It has been the law for many years that when a personal representative (which in this case means an executor appointed by a will) applies to the court for a Grant of Probate, he or she is required to send notices by registered mail to various parties to let them know that he or she is applying, and to notify the beneficiaries of their rights under the estate. Beneficiaries would get notices advising that they were entitled to receive an inheritance, and spouses would get notices advising of their right to inherit and to make a claim for more of the estate if they were not the only beneficiary.

While the existing procedure was effective as far as it went, it left a gap in the process for an executor who is acting under the will but has not applied for a Grant of Probate, and does not intend to apply for one. The gap was that beneficiaries and spouses would not get a notice if the executor was not applying for probate, and would therefore have no information at all about whether they were beneficiaries, and if so, what they should expect to inherit. This was a serious gap that left many individuals without a means to obtain information.

Not all wills are probated, and it is not unusual for an executor to act under a will without applying for probate. This is not cause for alarm. Although probate is required when there are certain assets in the estate, such as real estate or large bank accounts, in many other cases the assets can be transferred or sold without the need for a court order of probate. The executor has full authority to act on behalf of the estate because of the will itself.

New notices have been designed to fill that gap. The new notices must be prepared by an executor when he or she is acting without a Grant of Probate, and must be sent by registered mail by the executor. The following list summarizes the forms and the recipients. Read the descriptions carefully to ensure that you understand which of the forms must be used in your situation:

A. Form NGA 1: Personal Representative’s Notice to Beneficiary must be sent to all of the beneficiaries of the deceased person who are named in the will.
B. Form NGA 2: Personal Representative’s Notice to Family Member must be sent to any and all of the following persons:
a. the spouse of the deceased, if the spouse is not the sole beneficiary under the will (this may seem redundant, as you are also required to send the spouse Form NGA 3 as well, but do not skip sending the notice);
b. the adult interdependent partner of the deceased, if the adult interdependent partner is not the sole beneficiary under the will of the deceased;
c. each child of the deceased who, on the date of the deceased’s death, was an adult who was unable by reason of a physical disability to earn a livelihood;
d. a child of the deceased who was, on the date of the deceased’s death, at least 18 but less than 22 years of age, and was a full time student;
e. the attorney (note this refers to someone acting under a Power of Attorney, and not to a lawyer) of a child of the deceased, who was an adult on the date of the deceased’s death, and who is unable to earn a livelihood by reason of mental disability;
f. the trustee of a child of the deceased who was an adult on the date of the deceased’s death, and who is unable to earn a livelihood by reason of mental disability;
g. the Public Trustee, if the deceased is survived by:
i. a child who was a minor on the date of the deceased’s death, or
ii. a grandchild or great grandchild who was a minor on the date of the deceased’s death, if the deceased stood in the place of that minor’s parent on the date of the deceased’s death;
h. the guardian of a child, grandchild or great grandchild referred to in clause (g).

C. Form NGA 3: Personal Representative’s Notice to Spouse must be sent to the deceased’s spouse. This notice sets out the spouse’s rights under the Matrimonial Property Act.
D. Form NGA 4: Personal Representative’s Notice to Attorney, Trustee, Public Trustee, or Public Guardian must be sent to the following:
a. To a person who was acting under a Power of Attorney for the deceased at the time the deceased passed away;
b. To a person who was acting under a court-ordered trusteeship for the deceased at the time the deceased passed away;
c. The Public Trustee if they were acting as the trustee for the deceased at the time the deceased passed away; and
d. The Public Guardian if they were acting as the guardian for the deceased at the time the deceased passed away.

The forms are designed to contain all of the estate information needed, so you do not have to write a lengthy cover letter with explanations. It is enough to write a simple letter saying that you are enclosing the required notice and a photocopy of the will.

Be sure to send all letters by registered mail, and to keep a copy of each letter and notice that you send.




My book, the Alberta Probate Kit, was published not long before the changes to the Alberta Wills and Succession Act (it takes a long time to get from writing to publication!) The book contains a detailed table of how to distribute an estate in Alberta where there is no valid will, but it's now obsolete. I've prepared a new table, which appears below, to show how intestacy works under the new (in 2012) Alberta law.

FAMILY SITUATION
DISTRIBUTION OF ESTATE
NOTES
A person dies leaving a legally married spouse or an adult interdependent (common law) partner, but no children or grandchildren.
The whole estate goes to the surviving spouse or adult interdependent partner.
The estate does not include any property that the deceased owned jointly with another person, or in which the deceased had named a person as beneficiary.
A person dies leaving a legally married spouse or adult interdependent partner, as well as one or more descendants, AND all of the intestate’s descendants are also descendants of the surviving spouse or adult interdependent partner.
The whole estate goes to the spouse or adult interdependent partner.
Descendants may be children, grandchildren, or great-grandchildren, as long as they are biological or adopted children of the deceased.
A person dies leaving a legally married spouse or adult interdependent partner, as well as one or more descendants, AND any of the intestate’s descendants are NOT descendants of the spouse or adult interdependent partner.
The spouse or adult interdependent partner is entitled to the greater of:
a)      $150,000, or
b)      50% of the net value of the estate.

After that, the residue of the estate is divided among the intestate’s descendants.
This applies where the deceased had a child of an earlier relationship and that child was not adopted by the current spouse or adult interdependent partner.


A person dies leaving both a legally married spouse AND an adult interdependent partner, AND left no descendants.
Half of the estate goes to the legally married spouse and the other half of the estate goes to the adult interdependent partner.
This applies where a person leaves a marriage, lives common law with a new partner, but doesn’t get divorced from the first spouse. It doesn’t apply in certain circumstances, as outlined below.
A person dies leaving both a legally married spouse AND an adult interdependent partner, AND left one or more descendants.
The spouse or adult interdependent partner have to split the greater of:
a)            $150,000, or
b)            50% of the net value of the estate.

After that, the residue of the estate is divided among the intestate’s descendants.



The deceased and the spouse
(a)    had been living separate and apart for more than 2 years at the time of the deceased’s death, OR
 (b)    have signed a declaration of irreconcilability under the Family Law Act, OR
(c)    have signed an agreement or have a court order regarding their property or other marital or family issues which appears to have been intended by one or both of them to separate and finalize their affairs in recognition of their marital breakup.
The spouse does not get any of the estate.
This does not apply to a spouse who reconciled with the deceased, if they were reconciled at the time of the deceased’s death.
A person dies leaving no legally married spouse or adult interdependent partner, BUT does leave descendants.
The estate is divided equally among the deceased’s children. If one of the children died before the deceased, the child’s children (grandchildren of the deceased) split that child’s share equally.

A person dies leaving no married spouse or adult interdependent partner, AND no descendants.
The estate goes to the parents of the deceased. They divide it equally if both parents are live, but if only parent is alive, that parent gets the whole estate.
Where the deceased was adopted, this refers to his or her adoptive parents, not biological parents.
A person dies leaving no married spouse, no adult interdependent partner, no descendants, and no parents.
The estate is divided among the descendants of the parents.
This would mean the deceased’s siblings, as well as any half-siblings.
A person dies leaving no married spouse, no adult interdependent partner, no descendants, no parents, and no descendants of parents.


Half of the estate goes to the grandparents on one parent’s side, in equal shares, or if there is no surviving grandparent on that side, to the descendants of those grandparents.
                  
The other half of the estate goes to the grandparents on the other parent’s side or to their descendants in the same manner.
                                   
If there is only a surviving grandparent or descendant of a grandparent on one parent’s side, the entire estate goes to the kindred on that side in the same manner.
Descendants of halfkinship inherit equally with those of the whole kinship in the same degree of relationship to the deceased.
A person dies leaving no married spouse, no adult interdependent partner, no descendants, no parents, no descendants of parents, no grandparents, and no descendants of grandparents.
Half of the estate goes to the greatgrandparents on one parents side, in equal shares, or if there is no surviving greatgrandparent on that side, to the descendants of those greatgrandparents.

The other half of the estate goes to the greatgrandparents on the other parent’s side or to their descendants in the same manner.

If there is only a surviving greatgrandparent or descendant of a greatgrandparent on one parents side, the entire estate goes to the kindred on that side.
Descendants of halfkinship inherit equally with those of the whole kinship in the same degree of relationship to the deceased.

Relatives of 5th or greater degree of kinship do not inherit anything.

Degrees of kinship between an individual and the deceased are to be determined by counting upward from the deceased to the nearest common ancestor of the deceased and the individual, and then downward to the individual.
If there is no individual entitled to receive the estate,  the Unclaimed Personal Property and Vested Property Act applies, and the estate may end up belonging to the government.




57 comments:

  1. If there is a will, what amount of money is maximum and minimum necessary to probabate a will? Land not included as it is joint with child.

    ReplyDelete
    Replies
    1. There is no amount written in the law that says assets of a certain value must be probated or not. Certain types of assets always need probate (land, mineral titles) and some generally don't (household goods, vehicles).

      But I believe you want to focus on dollar value only, perhaps on liquid assets such as bank accounts or investments. The threshold for needing probate relies on each individual bank's policy. Banks, credit unions, financial advisors, and anyone else holding an account have the right to insist on you getting a probate order even if the asset is only worth one dollar. This is because the probate document indemnifies them when they hand over someone's money to someone else, usually a complete stranger.

      You can see the risk from their point of view. However, banks and money managers are willing to take some risk in order to help minimize costs and delays to an estate, and will allow small amounts of money to be paid out on the basis of a will, a death certificate, and perhaps a signed indemnity document. I worked in a bank for 7 years as an estate planner, and asked many, many bankers about their policy for releasing money without probate. I generally found that the highest threshold was about $10,000.

      I did find some leeway where the deceased appointed a family member as executor, and that family member was also known to the bank personnel.

      PS. I know you didn't ask this, but be careful about land held jointly between parent and child. Legally the property must be held in trust for the parent's estate, and not pass to the child as a joint owner.

      Lynne

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  2. This site has provided me with an amazing amount of information; that you for that!
    My mother passed away in Toronto, but she had moved their from Alberta a few months before. All of her tax info, health care, license ect. was still in Alberta. Do we need to apply for probate in Alberta or Ontario?

    ReplyDelete
    Replies
    1. The general rule is that probate is requested in the jurisdiction where the deceased lived. There is no specific time that the person had to live there. I know you said that some of the records hadn't yet been transferred, but would you say that your mother was ordinarily resident in Ontario?

      Another point to consider is the location of assets. Did your mother own a house in either of the locations?

      I believe you're going to have to apply in Ontario.

      Lynne

      Delete
  3. My father lived in the UK but had investments in Canada, both in Canadian and US dollar investments, in joint names with my sister and myself. We also live in the UK. My father had previously lived in Calgary, which is where his investment broker is based. Is there Canadian, or Albertan inheritance tax to pay on these investments?

    ReplyDelete
  4. I just bought your book, AB probate kit. It is quite helpful.
    I have a question about NC18. Since I live outside of Alberta, I need to file NC17 to have the bond dispensed. Do I have to file NC18 along with N17? I am the administrator and the sole beneficiary.
    Thanks,
    Eric

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  5. Chicken and egg...I have your Alberta Probate Kit book on order - hope it answers this question: I know I have to do a Final Return and a Rights and Things return - but are these done after probate is complete?

    ReplyDelete
    Replies
    1. Yes, returns are normally done after probate is granted. The probate application contains an inventory of the estate as of the date of death, and the information on the inventory is required when tax returns for the estate are done.

      Lynne

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  6. I wondering if you have any advice regarding the changes resulting from the new Estate Administration Act which is now place in Alberta. In particular, given there is only a three month grace period to still use the old forms package and it is unlikely this deadline will be met for the estate in which I have an interest.

    ReplyDelete
  7. The probate fees have gone up in Alberta as of July 1st/2015 as well as the addition of form NC1.

    ReplyDelete
    Replies
    1. Yes, there have been a lot of changes since the book first came out 5 years ago. Fortunately, the book has been completely updated and revised, and the new edition will be out in 2016. I'm thrilled about this because it will make things so much easier for the people using the book.

      Lynne

      Delete
  8. I should have said there is now a form NC6.1

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  9. If my 85 year old father has a bank account held in his name jointly with right of survivor with his 2 grown children will this trigger a taxable income for the children? What about having a non RRSP investment in his name, and naming the children as beneficiaries. Is that going to be taxable income?
    Will his death trigger his estate going through probate if he has no property other then his personal posessions in a retirement home and the joint bank account and investments with beneficiaries? This question comes from BC.

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  10. Bought your book recently and ran into a question of a void gift that is not covered. If a witness is or is married to a beneficiary than the gift is void. According to the Alberta Wills and succession act section 22(2) this is not always the case. In my situation there were three witnesses to a holographic will and one of the witnesses was married to a beneficiary. This would mean the gift is not void because there were more than 2 witnesses and alsso because the will was hand written (holographic). Would you simply state that there are no void gifts or would you have to make a note of why the gift is not void?

    ReplyDelete
    Replies
    1. I think you'd be fine saying there is no void gift. Since the will is holographic, it doesn't need witnesses, therefore the status of the witness/beneficiary is irrelevant.

      Lynne

      Delete
  11. Do you have a sample of a Beneficiary Release form for the Executor to use or is this only done by lawyers.

    ReplyDelete
    Replies
    1. The release varies from province to province so there is no single form that works for everyone. In some provinces, their form is mandated by legislation, and in others it's not. In places where it is not mandated, lawyers will develop a form that works for them.

      Lynne

      Delete
  12. Hi Lynn
    I’m in the process of probating my wife’s will.
    I’ve just completed NC7 -inventory of assets and liabilities and I have a question for you:

    1. My wife didn’t own any land and buildings other than our jointly owned residence.
    • Should I just deleted the land and building section from the inventory, or should I just include “none” in the description and “Nil” for the gross value?

    Thank you,

    Michael

    ReplyDelete
    Replies
    1. Hi Michael,
      Leave the section in, but put in "none" and "nil".

      Lynne

      Delete
    2. Thanks Lynne.

      I just wanted to add that your kit has been very helpful. Thank you.

      Delete
  13. My Mother recently passed away and owns no property but has a substantial amount of cash in the bank. I want to forego probate if the cost is in relation to the value of the estate. It will be a simple division between my siblings and I. I'm just not sure with all the 'Updates' which is the correct book to purchase. Is it a main book that I would purchase and then purchase updates from there? If so, what is the most recent update? (Also, the book does not include the paperwork to fill out, correct? I have to get that from the courthouse-Alberta?) Thanks for your great information.

    ReplyDelete
    Replies
    1. The book DOES include the forms, with instructions for completing them. At present, it's a main book, and the updates are free through a link for anyone that has bought the book.

      However, I can tell you that a few months ago I completed a full update and overhaul of the book, and the publishers will soon be releasing it in its new form. This is because there have been so many changes over the last couple of years to the laws and forms in Alberta that there were just too many separate updates. I can't tell you exactly when the new edition will be released, but keep an eye on Self-Counsel Press's webpage if you want to wait for that edition.

      The cost of probate is in relation to the estate but keep in mind that in Alberta the most the fees can be is $525, no matter how much is in the estate.

      You may not have the choice of foregoing probate. This will depend on whether the banks or investment advisors are willing to release significant funds without the indemnity provided by the grant of probate.

      Lynne

      Delete
  14. Hi Lynnee
    I'm completing NC6 (sch 4. The new form asks for "Section number(inestacy)_____" to be completed.
    Would you enter section 71?

    Thanks,
    Michael

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    Replies
    1. Probably not, since s. 71 talks about beneficiaries designated under a plan. The section number you need depends on who the beneficiary is in relation to the deceased. E.g. if the person you are listing on schedule 4 is a spouse of the deceased and there were no children, you'd say section 60. The section you need will be somewhere between 60 and 67. Go to this link, which is the Alberta WESA, and find the section that fits the fact scenario you are working with: http://www.canlii.org/en/ab/laws/stat/sa-2010-c-w-12.2/latest/sa-2010-c-w-12.2.html

      Lynne

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  15. I purchased the 'Alberta Probate Kit'and am looking for the documents that you refer to above that I need to notify the beneficiaries as I am not probating the will.
    Please advise how I can access these.
    Thank you!
    Christine

    ReplyDelete
  16. Hi Lynne,

    Thank you so much for publishing this book, it is a great resource. My mothers estate is pretty straight forward, a wee bit of cash in her savings account and the house. The estate will be split 50/50 between my brother and me. I was wondering, because we are close and the only beneficiaries, must I notify him by registered mail, what about myself? We do have to sign off as having been notified so doesn't that suffice that he has received the documents? We live 6 blocks apart and get along. Just seems like a nuisance to go through Canada Post.

    ReplyDelete
    Replies
    1. I did actually cover this in the book. Yes, everyone has to either sign off on being notified, or you can send the notice by registered mail and use the mail receipt as proof. No, it's not enough that he is notified. The judge doesn't know you from Adam so you have to prove it. You have the option of instead of sending a registered letter, using the acknowledgement on the bottom of the notices. Have him sign the notice(s) going to him - there is a sample in the book - then attach the ORIGINAL signed notice to your application for probate rather than the copy.

      Lynne

      Delete
  17. Replies
    1. I understand that your intention is to have your company name show up in front of my readers. It's a kind of free advertising. However, it seems to me that if you are asking simple questions that any law student could answer, such as the one you've asked here, you're probably not going to inspire much confidence in anyone seeing the question. I mean, shouldn't you KNOW what a probate hearing is, if you're advertising yourself as a probate office? Not to mention that you're in a different country from the vast majority of my readers. Your future posts are going to be deleted unless you're actually contributing to the conversation.

      Lynne

      Delete
  18. This comment has been removed by the author.

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  19. Hi Lynne,

    Thank you for your site, it has been tremendously helpful! I was wondering if you know whether Ontario has forms that are equivalent to Alberta's ACC12 and NC11? Or are they not mandated by legislation in Ontario? I am trying to prepare an interim distribution.

    Thanks!
    Ana

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    Replies
    1. To my knowledge, the form of release is not legislated in Ontario. To see a list of fillable ON estate forms, click here http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/pre-formatted-fillable-estates-forms/

      Lynne

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    2. Thank you for your help!

      Delete
  20. Hi Lyn:

    In Ontario, what is the proper executor fee? I s it 2.5 or higher and how is it calculated?

    Sam

    ReplyDelete
  21. I'm not sure where to post this question in the site, but hopefully you have some answer for me. My ex-husband passed away in July 2016. We had one child together who is now 39 years of age, but suffers from bi-polar disorder quite severely and has been unable to work since his last episode in January of this year and is presently on Social Assistance awaiting approval for AISH benefits(Assured Income for the Severely Handicapped). Due to this, I have been acting as his "voice" in matters regarding his father. Anyway, his father passed away with no will and a very small estate. It basically consisted of $1700 in the bank, a pension cheque of $3150.00, a motorcycle with a loan (we are still trying to setting the insurance on the loan) and the death benefit which hasn't come yet. There is no real estate involved. He was renting his residence. At one point my son and his dad weren't on speaking terms due to my son's erratic behavior because of being bi-polar, but during those years, his dad was involved with a woman and he had 2 life insurance policies in which she was named sole beneficiary on both of them. They total in the neighborhood of $200,000. He has not been involved with this woman for 6 to 7 years and she has since married. Approx 1 1/2 years ago, my son and his father reconciled and were developing a really nice relationship. For whatever reason, he never did take that woman off his life insurance. Now as I said, the "estate" as such is very small and most has been eaten up with expenses relating to getting rid of his personal effects, having junk hauled away as we were only given a week to vacate the premises by the landlord, and because he lived in Calgary and we live in Edmonton, there wasn't time to properly try to sell anything. There is more debt involved than assets. Credit card debt, $13,000 in back income tax, utilities, etc. I think I mentioned there was no will, but my son being next of kin received the bank account, etc. My question is - should we send the debt to the woman who is getting $200K in life insurance? Would we have any grounds to pass that on to her? Everything I've read is that family is not responsible for any unsecured debts, but the estate is. Does my son need to give up what little he received to pay these debts? Since there is no will there is no executor and the legal advise we received was not to incur legal fees by applying for the Letter of Administration and just try to settle everything with the Death Certificates which we've been successful in so far. So does that mean there is not officially an "Estate"? There is to estate bank account or anything. I'm so mad about this woman getting all the cream and it seems my son is getting all the crap. Thanks for taking the time to read and thank in advance for responding.

    Shelley

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  22. Hi Lynne, In April 2016 you wrote a comment that an overhauled version of the Alberta Probate Kit would "soon" be available for sale by Self-Counsel Press. You've mentioned elsewhere that there can be a considerable time gap between writing and publishing. Do you know whether the revised version is available yet? It is hard to tell from Self-Counsel's webpage for your book: http://www.self-counsel.com/alberta-probate-kit.html

    Thanks!

    ReplyDelete
  23. Hi Sean,
    I recently spoke with the publisher of Self-Counsel Press to ask that very question. My revisions were completed quite some time ago now. The publisher did not commit to a date for publication of the revised version, and I'm not really sure why. All I'm told is that it is going to be published... but I am not able to get a firm date from them. Wish I had a more helpful answer.

    Lynne

    ReplyDelete
    Replies
    1. Hi Lynne, thanks for your reply. I e-mailed the publisher as well and they responded that the "Download" version of the Alberta Probate Kit is the revised edition, available here: http://www.self-counsel.com/alberta-probate-kit-download.html. I purchased it on Nov 3rd and it does indeed appear to be revised, with 2016 copyright, a note re: revision at the end of introduction, and 2016 dates in the sample forms. Thanks for writing it, very helpful thus far!

      Delete
  24. Hi Lynne,

    Thanks for writing this book, it has been a great help. I am using the updated 2016 forms and on NC3 there is a requirement to list Grandchildren. I am assuming that all conditions (a thru d) apply in order to list grandchildren. For the most part instructions are pretty clear through out the book but I find this one a bit fuzzy. Can you please clarify? Thanks!

    ReplyDelete
  25. Hi Lynne

    My brother recently passed in Alberta with no will, I live in Quebec, he died with no spouse or children but his mother is alive and she has appointed me the executor of his estate which consists of a mobile home on rented property in a mobile home park. I have from a Notary a letter naming me Executor-liquidator on behalf of my Mother, do I still have to go through probate in Alberta or is this notorized letter acceptable. His mobile home is an old one and in need of alot of repairs. only other assets is a car 2000.00. Thank you for your help

    ReplyDelete
  26. This web site is a godsend and I look forward to purchasing your AB Probate Kit. However, I've got some burning queations to sort out before then. My father passed last week, just a month before we planned to see his lawyer to update his will (which would've spared me the dilemma I find myself in mow). I've been named Executor and have copies of his will and my mother's. She passed four years ago and I am their only surviving child/next-of-kin. The exisiting will states I am to inherit 1/3; other 2/3 going to five (5) designated charities chosen my parents. Last Fall, my father told me he wanted to give me 2/3; with remaining 1/3 going to same five charities. None of this is documented anywhere, of course, and things get more complicated...
    My first problem is I can't find the original will. (I presumed it was with his lawyer - it's not - and apparently the copy I have is insufficient for probate). In this case, is my only option applying for letter of administrative rights? What if I do find the original will - is it worth contesting for the extra 1/3 my father promised me, or would extra legal fees eat up any gains? And last but not least, I will be taking an overseas work assignment starting this summer and will no longer be a resident of Canada nor ever return to Alberta for work. Can I even be an Executor from abroad? Should I even be an Executor if I plan to contest the Will? Again - my intention is strictly to honour his last wishes; nothing more, nothing less. And those wishes were to give me 2/3 of his Estate and provide 1/3 to five designated charities. Given my current scenario, what is the best course of action to achieve this? [Confused in Calgary]

    ReplyDelete
  27. Hi Lynne,

    I have a question about Alberta probate. My sister and I are listed as both the executors and the only two beneficiaries on my mother's will. In this case do we still need to fill out form NC19?

    ReplyDelete
    Replies
    1. Yes. But use the acknowledgement on the bottom of the form rather than actually mailing the notice to yourselves.

      Lynne

      Delete
  28. Hi Lynne,
    We purchased a house for our Daughter which she & significant other is buying from us via an Agreement of Sale for the original purchase cost. This "sale" arranged from the get go. We originally had both our names and our daughter on title as Joint Tenants. Originally did not include significant other because relationship was relatively new. Now, more than 8 years later we thought his name should be added to Title...still keeping our names on title until property paid off. Would this generate Capital Gains or other taxes? Was our attempt to both protect ourselves and our daughter by having our names/her name on the title misguided? Is it a mistake to add name at this stage? This is their home. Would it be a better plan to take our names off, add significant other AND register our Agreement of Sale on Title? Would doing so trigger capital gains?

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  29. This comment has been removed by the author.

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  30. Hi Lynne,

    My apologies if you receive this post twice. The first one seems to have disappeared into the ether . . .

    I'm confused about whether the entire probate application package needs to be sent to beneficiaries along with Notice NC19. On page 154 it says "do not send NC1 - NC18 docs to a person who is receiving NC19 notice and no other notice. However, on page 134, when talking about the filed and stamped bundle, it says to make copies because "you will need one copy for each residuary beneficiary" and on page 159 #9 the example for notices includes "a copy of the full application". Do I send a copy of the application for probate a)along with NC19, b) later (when?) or c) with the final stmnt of estate transactions and the release. Please clarify. Thx.

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  31. I am just starting to administer an aunt's estate. I saw your book in Chapters today, almost bought it until I saw the publication date was 2011. I understand your publisher hasn't gone to press with the updated version.
    If I am reading your notes above correctly I can download updated forms using the links on the CD. Please confirm.

    ReplyDelete
    Replies
    1. Yes, that's correct. All updates are available at no extra cost to those who have bought the book.

      Lynne

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    2. Thanks, I bought the book the other day and have been learning a great deal so far.
      So much easier to understand than the information on line from the Alberta government.

      Delete
    3. Thanks for the feedback, Noel. I do get questions here occasionally from people using the book, even though I tried to cover every detail I could think of! Glad it's helpful.

      Lynne

      Delete
  32. Hi Lynne
    I purchased the Alberta Probate Kit and I can't find the updated forms
    Can you please help
    Jenn

    ReplyDelete
    Replies
    1. Hi Jenn,
      On the CD there should be a link provided. Have you checked there?

      Lynne

      Delete
  33. I can not find any link on the cd

    ReplyDelete
  34. I purchased it a few days ago, there is only a "read me file" and the actual forms in PDF or word.
    Not sure where the link would be, I have looked
    Thank you
    Jenn

    ReplyDelete
  35. Hi Lynne, Just purchased your book and it looks like it will be very helpful. However, I am a little confused about two statements in the book that seem to contradict each other. I have the 2011 edition. On Page 29, in the Chapter 'The Original will of the Deceased' there is a sentence that says 'Unless the will is handwritten, it should be stamped and signed by a Commissioner of Oaths ...' But then, on the next page 30 under the title 'Handwritten Wills or Codicils' it says 'When it comes to typing on the back of the will as set out in the previous chapter, the procedure is the same for handwritten wills as it is for formal wills.' I am a little confused - should I get my deceased brother's holographic will stamped and signed or not? Thank you in advance. Sharron Haynes

    ReplyDelete
  36. Good Evening Lynne
    My father passed away. 4 years ago he was put in hospital and under Public Guardian & Trustee care as he was deemed incompetent to handle his affaires due to severe dementia. My sister, addicted to medical narcotics came for 4 days, got him to sign a POA and drove away with his new 14 day old car ($26,000). The trustees did nothing about it although they were asked to by the family, & we thought they fixed it, but now 4 years later, I am co-executor with this sister and I am thinking she should make this right at least for our brother who has had a stroke and cannot speak and needs his inheritance. What is the best method for getting this $26,000 put back into the estate or given to our brpther She maintains it was a gift, but I can prove otherwise. Do I have to go to the police?

    ReplyDelete
  37. Lynne - I am probating my mom and dad's estates. I have purchased your Alberta Probate book online and downloaded the updated book and forms from the Self Counsel Press website. Thanks for good and helpful work. I have been perplexed by Form NC 20 which contains a signature line for the recipient beneficiary to sign stating that they have received a copy of the notice and the "probate application". Your updated online book says not to send all the probate documents to recipients of form NC 20 which seems correct to me. So I have looked for the definition of "probate application" which based on the form recipients signature line they are confirming receipt of. Your book says that the entire submission to the court constitutes the application which is contrary to the book instructions to not send all probate documents to non-residual beneficiaries. So I managed to find the Alberta Queens printer copy of NC20 which does not contain the signature line for the NC20 beneficiary to sign nor does it make the comment about the recipient having received a copy of the probate application. So...sorry for being long winded. I think the online NC20 form has an error in that it contains the signature line for the recipient to sign and the statement that the recipient has received a copy of the probate application.

    ReplyDelete

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