Once the Will has taken effect, it is important to ensure that the wishes of the deceased can be fulfilled immediately by the right party. Even if there are delegated executors in the will, validation of the Will needs to be ensured so there are no bottlenecks in the process. If there are no delegates, determining administrative priority becomes crucial.
Let us PROTECT you from the hurdles you may face along the way in fulfilling the deceased’s wishes. Our dedicated team will assist you every step of the way in drafting key applications for Grants of Probate, Grants of Administration and Letters of Administration.
Grant of Probate
In ordinary circumstances, a will specifically delegates one or more executors. During the course of their duties, an executor may come across certain institutions and third parties that will require a Grant of Probate, before they can comply with the executor’s duties under the Will and release specific assets. Alternatively, this may be required if the intended executor does not have the capacity to act or if an alternative co-executors have been assigned and the duties under the will have been allocated to them.
We will make the probate application for you. The Grant of Probate is simply the validated grant of representation delivered by the Court to an executor. Further, the rendering of the Grant of Probate, proves the validity of the will.
Grant of Administration
When a deceased does not leave a will, has a will but does not appoint an executor, or all the executors in the will are not able to act, an administrator must be appointed by the Court to govern the estate. The grant issued in this case is known as the Grant of Administration.
Under section 13(1)(b) of the Estate Administration Act the surviving spouse or adult interdependent partner has the first priority to apply for a Grant of Administration, unless otherwise ordered by the Court.
We will ensure to make the application for you. Rule 13(2) of the Surrogate Rules identifies the documents that must be filed in an application for a Grant of Administration when there is no will.
The Surrogate Rules in Alberta govern the application for the grant and the associated fees.
The Court fees for issuing Grants of Probate or Administration depend on the net value of the property in Alberta as follows:
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