Technical requirements in applying for a grant, administering the estate and technical and court matters.
and whether you are a Personal Representative, beneficiary, or any other party with an interest or claim in the estate, it is important to understand whether you or the estate you are dealing with is caught by the EAA or not.
1. EAA applies to all estates in Alberta BOTH AFTER June 1, 2015 AND Outstanding Grants from BEFORE June 1, 2015.
The Court is satisfied a grant is necessary.
So, from June 1, 2015 and after, the new EAA will apply to all Personal Representatives.
What is interesting and must be noted, is that section 2 is subject to section 51.
Section 51 of the EAA provide that the Act is to apply to EXISTING GRANTS, so the EAA applies to all Personal Representatives after June 1, 2015 whom have not concluded administering the estate.
It is important to note that if you are a Personal Representative and administering an estate in which you obtained a Grant of Probate or Letters of Administration BEFORE June 1, 2015, you are bound by the new EAA and must comply with it.
So BOTH potential Personal Representatives and existing Personal Representatives MUST comply with the Act.
Over time this will become less of a concern as estates where probate before June 1, 2015 as the administration of those estates should properly conclude over time.
2. EAA applies to all Alberta estates BOTH when applying for a Grant of Probate or Letters of Administration.
Firstly, it is important note the difference between dying "testate" [with a will] and dying "intestate" [without a will].
"Probate" is the official proving of a will by a court of competent jurisdiction, so in the circumstances where the deceased is "testate", that is dies with a will, the Personal Representative named in the will can apply to court for a grant of probate, proving the will and authorizing the Personal Representative to administer the estate pursuant to the will and applicable laws.
In circumstances where the deceased is "intestate", that is dies without a will [or the will for whatever reason does not apply] certain individuals can apply to the court for a grant of administration [or letters of administration] authorizing the individuals named in the grant to administer the estate according to the applicable laws.
Accordingly, as the definition of "grant" includes BOTH a grant of probate and grant of administration [letters of administration], and accordingly the EAA applies to deceased that die intestate or testate.
3. EAA applies to all Alberta Estates BOTH when you apply to court for a Grant [Grant of Probate or Letters of Administration etc.] and when you do NOT apply to court for a Grant.
The highlighted portion makes clear that a personal representative, executor or executrix in a will and administrator [if deceased died intestate – no will] is caught by the EAA.
While not unexpected that a Personal Representative applying to Court for a Grant of Probate or Letters of Administration [or as set forth above those with an existing Grant] would be subject to the EAA.
This is a very significant change for Personal Representatives that were NOT intending to apply to Court for a Grant of Probate or Letters of Administration, but perhaps intending to more "informally" administer the Estate, because whether or not you "informally" [without a Grant] or "formally" [with a Grant] administer an estate the EAA will apply.
(d) to the Public Trustee and to the other persons referred to in section 12, as applicable, a personal representative's notice, as required by the Rules.
(e) include any other information or documents required by the Rules.
It is important to note that the such Personal Representatives that are informally administering an estate [without probate] are required to comply with other provisions of the EAA as well.
While the new EAA requires a Personal Representing intending to "informally" administer the estate without a Grant to provide notice, it does not preclude from a Personal Representative administering the estate without a Grant [and avoiding the cost and expense of applying to court and obtaining a Grant of Probate or Letters of Administration] if it is appropriate for the Personal Representative to do so.
Powers to administer an estate and distribute assets in Alberta under the EAA.
If you are an executor, executrix or Personal Representative carrying out your responsibilities under a will or Grant of Probate or Letters of Administration, or named as one under a will and/or considering applying to court for a Grant of Probate or Letters of Administration then you must be aware of and comply with this new Act.