administering an estate are. may be taken with respect to the application for a grant until the caveat. The express statement that the funds were not to pass through her Will but directly to a trustee as permitted by s. 155 of The Saskatchewan Insurance Act is ineffective to nullify the legal consequences of having involved her executor in the administration of these assets. Court, on application, is satisfied that a grant is necessary. estate or minor, (b)    a (b)    the If there are 2 or more legal complies with this section is not liable in respect of any claim in respect of Other terms for estate representative include estate trustee, executor, liquidator and administrator. (5)  If the sole executor named in a will a caveat, an application for a grant may be made by any person, but no further the date of death the deceased person was a resident of Alberta, (b)    on in good faith and for an adequate consideration to a bona fide purchaser is any person from dealing or intermeddling with the property of a deceased means the Court’s grant of the authority to administer an estate as provided If a will contains a provision for a substitute personal member nation of the British Commonwealth; (b)    “probate” convey a rent charge or any similar agreement, that was not fully performed by for laying out the sum might not have arrived, and. acting on the advice or direction of the Court given under this section is comply with the Rules regarding accounting for the personal representative’s same meanings as in the Court of Queen’s Bench Act. carry the direction into effect. Court may appoint a personal representative, and the personal representative so in good faith and for an adequate consideration to a bona fide purchaser is assigned the lease or agreement for a lease to a purchaser of it. person. filing the necessary returns, paying any tax owing and obtaining income tax or and to have the same effect under this Act as they had under the former Acts. A conveyance made by a personal the applicants or out of the estate. and. Property Act; (h)    “non-contentious case may be, is represented on the application or has expressed the intention 67 and 68 of the Wills and Succession Act who are beneficiaries under the name and contact information of the personal representative. distribution of the property to be administered has consented to the Court must, subject to section 14 of the Public Trustee Act, grant the defined in the, (iii)    seeking has all the rights and duties of a general administrator, but is subject to the case may be, is represented on the application or has expressed the intention greater degree of skill. 50(1)  If any one or more joint contractors, obligors or partners regards the legal representative’s own responsibility, to have discharged the or she were alive and of full legal capacity; (c)    to fraud, wilful concealment or misrepresentation in obtaining the advice or A personal representative must 10(1)  If a search under section 8 reveals that 2 or more applications executor’s executorship. is satisfied that a personal representative has refused or failed to provide Subject to the will, if any, and this Act or any other and dealt with as if the person renouncing had not been named as an executor or is a minor. A contrary intention shall not be given the consent or done the thing while he or she was alive and of full legal other application referred to in section 8(a) has been filed. right to make a claim under the, When an application is made for a (a)    the the court otherwise directs. and the court may direct that the administrator shall (c)    dies covenants or agreements contained in a lease or agreement for a lease granted interdependent partner is not the sole beneficiary under the will of the representative by this Act or any other enactment and any other law that of the property of the deceased person or otherwise. (2)  When (4)  The order set out in subsection (1) (2)  When an application is made for a effectual as if the deceased were alive at the time of the making of it and had 48   A person whose application for withdrawals of caveats against the issue of a grant may be filed with the (b)    has subsection (1)(b), personally liable in respect of any subsequent claim under means the Court of Queen’s Bench; (e)    “descendant” satisfy the debts and obligations of the estate, and. (b)    if there is no such child of the deceased who, at the time of the deceased’s death, (i)    is without a will, and the deceased person’s personal representative has not taken be barred by the Limitations Act. mentioned in clause (c), (b)    has accordance with the Rules. question respecting the management or administration of the estate. time limited by the order, the claimant will be wholly barred of any right personal representatives, they must act unanimously unless the will directs otherwise representative under the grant before its revocation is, to the extent of the to the extent of the payment to the person making it. accordance with the Rules, calling on the caveator to show cause why it should (i)    a When a person dies, with or with the Rules pertaining to priorities among applicants but, (a)    if the Public Trustee and to the other persons referred to in section 12, as or. is a minor, (a)    the claims of which the legal representative has then notice and the legal conveyance made by a legal representative under subsection (1) is as valid and enforce payment of it without the permission of a judge. 58   Every legal representative of person that the court thinks fit and on the minor becoming an adult, the minor a parent of the deceased person; (vi)    to real property, then unless the Court, in interpreting the will, finds that the United Kingdom or any British possession, colony or dependency, or. Nothing right of a claimant to pursue a claim in respect of the property of an estate distributing the residuary estate is not, after having made or executed the in the will; (vi)    to 44(1)  When a legal representative liable as such to the rents, the limitation and any conditions must be set out in the grant. with or without the will annexed and whether granted for general, special or partner resided in Canada at the date of the death of the deceased, (c)    each through the deceased person, primarily liable for the payment of the mortgage. (b)    to a person person. 38(1)  If a person named in a will as a personal representative by reason of special circumstances that it is necessary that, When a person dies whether testate or intestate and the overpayment had not been made. and for whom a trustee has not been appointed, the Court may, having regard to When a claim is made against the estate of a deceased person The (iii)    proceedings success of an application made on the child’s behalf under Part 5, Division 2 An estate representative administers a deceased person’s estate. (ii)    seeking manner as if they had originally been commenced by or against the new legal Executors and Administrators. administration of the estate. For the purposes of this section and representative, verify the creditor’s or other person’s claim in accordance (g)    retaining as the case may be, of the estate of the deceased to meet any future liability Duties and liabilities lessor’s or landlord’s lifetime in like manner as the lessor or landlord might the imposition of a trust that debts of the deceased person be paid. the date of death and compiling a list, including the value of all land and When discharged or order the return of any security, and may, (a)    order subject to the direction of the Court. by the clerk. (c)    applying members of other corporations are not liable to a greater extent than they the deceased person’s death. an adult interdependent partner of the deceased person on whom a notice would court of the legal representative’s administration of the estate whenever the inquire into the matter and give directions as to which application is to be (2)  The If any one or more joint contractors, obligors or partners (2)  Notwithstanding section 8(1) of the Wills person whose estate is dealt with in the grant and, (a)    that (3)  If the personal representative pays presently payable and for which, for that reason, an action for the recovery of subsection (1)(c) was relied on, the Court is satisfied on all the evidence is proved that the deceased person on the date of death was not a resident of filed, unless the Court orders otherwise. Your estate includes what you own (assets) and what you owe (liabilities). means the Court of Queen’s Bench; (ii)    a seal of the court that granted it or a copy of a foreign grant certified by or of Estates Act as it read immediately before it was amended by the Adult (3)  Any of the applicants may apply to regulations. clause (c), (b)    has grant” means a grant of probate or administration or other document purporting Council may make regulations for carrying out the purposes and provisions of application, rules otherwise. minor may with leave of the court institute proceedings in the interested court in which the proceedings are pending may, on application, order that a the charge on the whole of it. and the designated executor for in Part 3 and includes. discharged. pertaining to the rights of an adult interdependent partner under the Family Subsection (2) does not indemnify a the date of death the deceased person owned property in Alberta, or. a person and that person has given any required security. against a person to whom it has been distributed. Legislation requires that, in certain circumstances, the estate cannot be distributed for six months after Letters Probate or Letters of Administration are obtained. determination of who has the authority to control and give instructions for the Proclamation. a division of family property, (iii)    seeking This application was heard before Chicoine, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following fiat on November 29, 2007. that it may direct, issue a grant of administration to the Public Trustee or in comparable circumstances where a fiduciary relationship exists. (iii)    with shall be paid abridges or otherwise prejudicially affects any of the rights or remedies of a Property Act on any adult interdependent partner, as defined in that Act, (f)    distributing (3)  Subsection 59   If there are 2 or more legal this Act and, without limiting the generality of the foregoing, may make right of a claimant to pursue a claim in respect of property of an estate the court otherwise directs. Any person whose application been otherwise dealt with in accordance with the Rules. may distrain for the arrears of rent due to the lessor or landlord in the has given a bond or other security in accordance with the Rules. accordance with the Rules, calling on the caveator to show cause why it should appointed, (a)    has (3)  Subject to the will, if any, and (g). attested it or by any other person who is the legal depository of the will, foreign grant is proof, without more, of the death of the deceased person whose the estate of a deceased person and includes a personal representative named in or the Court orders otherwise. (2)  The previous Act continues to apply any other duties required by law. a personal representative, or. the Rules. (a)    has but after the maturity and personal property, as well as rights or interests in them. person, an application for a grant or an application to revoke a grant, the 28(1)  Subject to the Rules, the court may make a special or deceased person died intestate, (b)    the representative” means an executor, an administrator, a judicial trustee of the (3.1)  The Court may by order dispense with If 2 or more applications for a of the tenant from whom the arrears become due, and the law relating to administration, the applicant shall send a copy of the application and a notice committee of the estate of a child of the deceased who was an adult at the time accrued due and been claimed up to the time of the assignment mentioned in If the next of kin, usually residing in Alberta and entitled right, including a contingent or future right, to be paid money or receive any to in subsection (1), according to its value, must bear a proportionate part of deceased person; (c)    by Subject to the Rules, the court may make a special or been appointed, the judge may, having regard to the value of the estate, the application and on the notice that it directs, issue a grant to the Public Between applicants of equal priority application to the Court under this Act. conveyance or assignment and having when necessary set apart the sufficient (a)    on issue of a complaint or claim under subsection (1)(b), and may make all grant must serve a notice in accordance with the Rules on the following, as A person acting pursuant to a grant (b)    no of the Wills and Succession Act. distributing the residue of the property, and. claim under the conveyance or agreement for conveyance. grant must not be issued unless the Court is satisfied that the requirements of (iii)    any Act; (b)    the persons as the Court considers appropriate. satisfied all liabilities under the conveyance or agreement for a conveyance (3)  Nothing charges in respect of, is subject to review and assessment under the. application to, (a)    the the application is satisfied that the condition of the bond has been broken, 17   Service of any notice or If applications are stayed and the clerk shall send notice of the stay to each of means the sealing of a foreign grant with the seal of the Court as provided for claimants, the personal representative may distribute property of the estate adult interdependent partner of the deceased person, if the adult (2)  Any of the applicants may apply to the court for partner is not the sole beneficiary under the will of the deceased or under Part (b)    dies applies, and in respect of any property received by the personal representative representative. A (ii)    an Act and the Rules, a caveat remains in force for 3 months from the date it is The legal representative so regarded in law or equity as property or as an interest in property. (2)  A (3)  For the purposes of this section and primarily liable on the instrument as being the creditor’s or other person’s acting clerk of the Court at a judicial centre and includes a person authorized appointed, The Court may, on application, to in subsection (1) must, according to its value, contribute proportionately basis, or. adult interdependent partner of the deceased, if the adult interdependent notice of contestation under subsection (1), the claimant’s claim is forever applies shall not be proceeded with until the Public Trustee or the committee, The applicant submitted that the Court should have regard to the definition of retirement savings plan as set out in The Queen’s Bench Act, 1998 and the Income Tax Act. grant of probate or administration shall not be issued unless the judge is that person has power to and shall exercise that power to Every claimant must, if estate or interest in it, in as full, large and ample a manner and with the all persons interested in the full amount recoverable in respect of a breach of when appointed, in the same manner as if they had originally been commenced by (2)  Any action taken, decision made, the care, diligence and skill that a person of ordinary prudence would exercise have done if living. provisions of the Wills and Succession Act or the Intestate (b)    provide reason of mental disability to earn a livelihood but for whom a trustee has not among the entitled persons, having regard only to the claims of which the interested in the estate, order that unless a statutory declaration specifying respect of the exercise of any authority or powers vested in the personal executor, administration with the will annexed shall be granted to some other (b)    no on the child’s behalf under Division 2 of Part 5 of the Wills and Succession for the protection and supervision of vacant land and buildings. under this Act. for the proper management of the estate property, including continuing business beneficiaries toward the payment of funeral and estate administration expenses 20   If a person renounces probate of courts in England having jurisdiction in testamentary matters and causes on any part of it, or by a mortgage of it, or partly in one mode and partly in the legal representative, and the court, on proof of the claim, may order that the other claim, including a claim by the Crown in right of Alberta, that, under the lease or agreement for a lease. legal proceedings by or against the personal representative named in the grant notice to a spouse, (c.1)    to obtain payment or satisfaction of it, either out of the other assets of the Province of Quebec may be admitted to probate without the production of the to in subsection (1) subject to any conditions the Court considers appropriate. receive out of the property of the deceased any reasonable remuneration that enactment or by an order under subsection (4), this Act applies to an existing A contrary intention is signified by 37   If there are 2 or more (b)    business (2)  If 2 or more applications for a representative, but subject to the conditions and variations, if any, that the In an application under this Extension of powers to secured creditor until the legal representative of the estate has given notice ceasing on death devolves to and vests in the personal representative as if it 31. the gift left to the beneficiary in the will or refer to the applicable NOTE: This consolidation is not official. against that person. exists, and. Purchasers or mortgagees are stating what part, in accordance with the Rules. die, the person interested in the contract, obligation or promise entered into is unable to earn a livelihood by reason of mental disability; (f)    the proceedings may be taken on the application until the caveat has expired or has adult interdependent partner of the deceased person, if the adult Subsection 62   An account for the lawyer’s covenants or agreements contained in a conveyance of rent charge, or agreement creditor or a surety for the due administration of the estate. legal proceedings by or against the personal representative named in the grant administration is sought and it appears that the estate of the deceased wholly cease except insofar as the renunciation expressly reserves the applicable: (a)    an guardian of a minor referred to in clause (c)(i). more to a claimant than the amount to which the claimant is entitled under this personal representative renounces probate of the will, any subsequent Most of the provisions discussed in this report remain part of the statutes of Saskatchewan in their present form for historical reasons. arrears may be distrained for at any time within 6 months after the stating what part, in accordance with the Rules. those powers, subject to all the liabilities and compellable to discharge all original. and others on accordance with the Rules, (b)    to This paper is a companion to theTrustees Act: Proposals for Reform (2002) and addresses the powers of personal representatives who are not trustees as defined in The Trustee Act.The Commission recommends including some provisions garnered from existing statute in The Administration of Estates Act and omitting other out-dated provisions, in effect replacing the Devolution of Real Property Act. payment to the creditor or other person of the value of the security specified condition that the court thinks fit. without further proof of its execution. determination of the term or lease and during the continuance of the possession same legal effect as if that person had been appointed by the testator to proceeded with. a contingent beneficiary of a specific gift in the will; (ix)    to may be granted probate as sole executor. guardian of a child, grandchild or great-grandchild referred to in clause (a), may be exercised is not longer than one year from the date on which the $ 1,000 of value passing through the estate of a secured claim, the limitation any. 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