Administration of Estates Regulations, 2020, A-4.1 Reg 2

1 ADMINISTRATION OF ESTATES, 2020 A-4.1 REG 2 The Administration of Estates Regulations, 2020 being Chapter A-4.1 Reg 2 (effective December 1, 2020) as amended by Saskatchewan Regulations 33/2021. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 A-4.1 REG 2 ADMINISTRATION OF ESTATES, 2020 Table of Contents 1 Title Appendix 2 Definitions PART 1 3 Definition of “spouse” Form A 4 Fees PART 2 5 Notice pursuant to section 4.1 of the Act Tables 6 Amount and notation for section 7 of the Act Table 1 Local Registrar’s Fees 7 Amount for section 9 of the Act Table 2 Registrar’s Fees 8 Notice to claimants 9 Value of estate 10 RRS c A-4.1 Reg 1 repealed 11 Coming into force 3 ADMINISTRATION OF ESTATES, 2020 A-4.1 REG 2 CHAPTER A-4.1 REG 2 The Administration of Estates Act Title 1 These regulations may be cited as The Administration of Estates Regulations, 2020. Definitions 2 In these regulations: “Act” means The Administration of Estates Act; (« Loi ») “Form” means a form set out in Part 1 of the Appendix; (« formule ») “Table” means a table set out in Part 2 of the Appendix. (« barème ») 4 Dec 2020 c A-4.1 Reg 2, s2. Definition of “spouse” 3 For the purposes of the Act and these regulations, “spouse” means: (a) the legally married spouse of the person; or (b) an individual who: (i) cohabited with the person as spouses continuously for at least 2 years; and (ii) at the time of the person’s death was continuing to cohabit with the person or had ceased to cohabit with the person within the 24 months before the person’s death. 4 Dec 2020 c A-4.1 Reg 2, s3. Fees 4(1) The fees payable to local registrars are the fees set out in Table 1. (2) The fees payable to the registrar are the fees set out in Table 2. (3) The fees set pursuant to subsections (1) and (2) are payable in advance unless other arrangements are made with the official to whom the fees are payable. 4 Dec 2020 c A-4.1 Reg 2, s4. Notice pursuant to section 4.1 of the Act 5 The notice to be filed pursuant to section 4.1 of the Act shall be in Form A. 4 Dec 2020 c A-4.1 Reg 2, s5. 4 A-4.1 REG 2 ADMINISTRATION OF ESTATES, 2020 Amount and notation for section 7 of the Act 6(1) For the purposes of subsection 7(1) of the Act, the prescribed amount is $15,000. (2) For the purposes of subsection 7(2) of the Act, the prescribed notation is the following: “The affidavit of value filed in this estate states that the value of the property in this estate does not exceed $15,000”. 4 Dec 2020 c A-4.1 Reg 2, s6. Amount for section 9 of the Act 7 For the purposes of subsection 9(1) of the Act, the prescribed amount is $25,000. 4 Dec 2020 c A-4.1 Reg 2, s7. Notice to claimants 8 For the purposes of subsection 32(1) of the Act, the notice to claimants is to be published: (a) once a week for 2 successive weeks: (i) in a newspaper published nearest to the last residence of the deceased; or (ii) in any other newspaper designated by a judge on an application made without notice by the executor or administrator; or (b) for 30 days on the NoticeConnect website. 4 Dec 2020 c A-4.1 Reg 2, s8; 26 Mar 2021 SR 33/2021 s2. Value of estate 9(1) In this section, “assets” means the assets of a deceased person at the date of death. (2) Subject to subsections (3) and (4), for the purposes of these regulations and subsection 51(2) of the Act, the value of an estate is the value of the deceased person’s property at the date of death. (3) In calculating the value of the deceased person’s property, there shall be deducted from the value the actual amount owed by the deceased person at the date of death on any loan, mortgage or agreement for sale relating to any real property in excess of any amount of insurance payable to discharge the loan, mortgage or agreement for sale. (4) The following assets are not to be considered as property of the deceased person in calculating the value of an estate: (a) real property held jointly by the deceased person and another person; (b) insurance payable to a named beneficiary; (c) Canada Pension Plan payments to a surviving spouse or child; 5 ADMINISTRATION OF ESTATES, 2020 A-4.1 REG 2 (d) pensions and annuities payable to a spouse, child or any other named beneficiary; (e) joint deposit accounts; (f) personal property outside Saskatchewan, if the deceased person was domiciled outside Saskatchewan on the date of death; (g) real property outside Saskatchewan. 4 Dec 2020 c A-4.1 Reg 2, s9. RRS c A-4.1 Reg 1 repealed 10 The Administration of Estates Regulations are repealed. 4 Dec 2020 c A-4.1 Reg 2, s10. Coming into force 11(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Administration of Estates Amendment Act, 2020 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Administration of Estates Amendment Act, 2020 comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 4 Dec 2020 c A-4.1 Reg 2, s11. 6 A-4.1 REG 2 ADMINISTRATION OF ESTATES, 2020 Appendix PART 1 Forms FORM A [Section 5] COURT FILE NUMBER COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE OF IN THE ESTATE OF ______________________________________________, DECEASED NOTICE TO: PUBLIC GUARDIAN AND TRUSTEE, PROPERTY GUARDIAN OR PROPERTY ATTORNEY (as the case may be) Take notice that ______________________________________________________________ , of _____________________________________________________________________________ (mailing address) ______________________________________________________________________________ , (telephone) (fax) (e-mail address) is making application to the Court for grant of letters ___________________________in the estate of the deceased, who died at ___________________________________________ (place of death) on the ________________day of __________________________________ , 2 ____________ . And further take notice that the deceased died (in)testate, survived by: the following competent adults who are entitled to share in the estate: Name Address Relationship to deceased the following adults who lack capacity or appear to lack capacity and who are entitled to share in the estate: Name Address Relationship to deceased Date of birth 7 ADMINISTRATION OF ESTATES, 2020 A-4.1 REG 2 the following adults who lack capacity or appear to lack capacity and who may have a claim against the estate pursuant to The Dependants’ Relief Act, 1996 or The Family Property Act: Name Address Relationship to deceased Date of birth the following persons under 18 years of age who are entitled to share in the estate: Name Address Relationship to deceased Date of birth the following persons under 18 years of age who may have a claim against the estate pursuant to The Dependants’ Relief Act, 1996: Name Name & address of Relationship to Date of birth guardian deceased And further take notice that the following are attached to this notice: (a) a statement of the assets of the deceased as shown on the application; (b) a statement of the debts of the estate; (c) a copy of the Last Will and Testament of the deceased, if applicable. DATED at ____________, Saskatchewan, this ______ day of ___________ , 2 _______ . This document was delivered by: ___________________________________________ (Firm name) ___________________________________________ (Address) To: ____________________________________________________________________________ (Address of Property Guardian or Property Attorney, if required) 4 Dec 2020 c A-4.1 Reg 2. 8 A-4.1 REG 2 ADMINISTRATION OF ESTATES, 2020 PART 2 Tables TABLE 1 [Subsection 4(1)] Local Registrar’s Fees Item Description Fee ($) 1 Application pursuant to section 7 of the Act 300 2 Application for grant of letters probate, letters of administration or letters of administration de bonis non, for double probate, for a cessate grant, or for resealing 200 3 Application pursuant to section 9 of the Act 100 4 Filing a caveat 20 5 Depositing a will 50 6 Certified copy of letters 10 - if will attached additional 1.00 per page 7 Certificate that no minors are interested in the deceased person’s estate 25 TABLE 2 [Subsection 4(2)] Registrar’s Fees Item Description Fee ($) 1 Each search 20 per judicial centre 2 Each certificate 10 3 Examining copies of instruments on file, when prepared by a lawyer, in addition to the fee for a certificate 1.00 per page 4 Photocopy of documents, in addition to the fee for a 1.00 per page certificate 4 Dec 2020 c A-4.1 Reg 2. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2021