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ARTICLE · 12 AUGUST 2015

Alberta's New Estate Administration Act

Miller Thomson
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On June 1, 2015, Alberta's new Estate Administration Act (the "Act") and some consequential amendments to the Surrogate Rules came into force.

CanadaFamily and Matrimonial

On June 1, 2015, Alberta's new Estate Administration Act (the "Act") and some consequential amendments to the Surrogate Rules came into force. The Act takes a new approach in clearly setting out the duties, core tasks and notice requirements of the Personal Representative. Where probate of the Will is not required to administer the estate, the Personal Representative is now required to provide notice to relevant persons. A very general provision empowers the Personal Representative to carry out the required tasks. Where the Personal Representative fails to give notice, perform a duty or carry out a core task, the remedy of a court application is provided. The Act also includes various new provisions which provide clarification or simplify procedures.

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