Solicitor's Role

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The Surrogate Rules in Table 1 and Table 2 set out guidelines as to the Solicitor’s role and that of the Personal Representative:

TABLE 1

Core Legal Services
1 Receiving instructions from the personal representatives.
2 Giving the personal representatives information and advice on all matters in connection with the administration of the estate, including the following: 
  (a) the basis for the lawyer’s fees for the different categories of legal services;
  (b) the basis for the personal representatives’ compensation and preparation of the proposed compensation schedule;
  (c) providing a copy of this Schedule to the personal representatives.
3 Reviewing the will or the provisions of Part 3 of the Wills and
Succession Act with the personal representative.
4 Receiving information from personal representatives about the following:
  (a) the deceased;
  (b) the beneficiaries;
  (c) the estate property;
  (d) the deceased’s debts;
  (e) minors.
5 Obtaining details of all the property and debts of the deceased for the purposes of an application to the court, including the following:
  (a) the full nature and value of the property of the deceased as at the date of death including the value of all land and buildings and a summary of outstanding mortgages, leases and any other encumbrances;
  (b) any pensions, annuities, death benefits and any other benefits;
  (c) any debts owed by the deceased as at the date of death;
  (d) preparing all required documents for grant applications;
  (e) preparing notices to all beneficiaries;
  (f) arranging for surviving spouse or surviving adult interdependent partner to receive notices under Part 5, Division 2 of the Wills and Succession Act and Matrimonial Property Act, if necessary;
  (g) arranging for family members to receive notices under Part 5, Division 2 of the Wills and Succession Act, if necessary;
  (h) attending on signing of application for grant, filing with the court, payment of fees and dealing with the clerk;
  (i) advising the Public Trustee, if necessary;
  (j) receiving the grant.
6 Preparing documents to advertise for claimants, arranging for advertising and obtaining affidavit of publication.
7 Preparing declarations of transmission and powers of attorney for stocks and bonds transferrable under the Alberta grant.
8 Preparing transmission and transfer documents for land transferrable under the Alberta grant.
9 Preparing all other documents required to transmit and transfer property transferrable under the Alberta grant.
10 Advising the personal representatives on any trusts required by the will.
11 Advising the personal representatives to prepare and file tax returns.
12 Confirming receipt of clearance certificates from Revenue Canada.
13 Submitting personal representatives’ financial statements for approval
to the beneficiaries on an informal basis.
14 Preparing releases and acknowledgments of trustee(s) and obtaining and
filing them if so instructed by the personal representatives.
15 Generally advising the personal representatives on all matters
referred to in this Table.

TABLE 2

Non‑core Legal Services
1 Acting as conveyancing lawyer on any sale of land.
2 Acting as lawyer on the sale of other property or businesses.
3 Preparing personal representatives’ financial statements for submission to residuary beneficiaries.
4 Preparing all documents and acting for the personal representatives in any court proceedings involving the estate, including but not limited to the following:
  (a) formal proof of a will;
  (b) formal passing of accounts;
  (c) all other contentious matters.
5 Negotiating with any taxing authorities in Alberta or elsewhere with respect to the assessment and payment of any taxes or duties levied against the deceased, the estate or the beneficiaries and preparing all documents in connection with the negotiations.
6 Arranging to obtain a resealed or ancillary grant in another jurisdiction.
7 Preparing all documents and obtaining a resealed or ancillary grant in Alberta.
8 Preparing all documents and obtaining a grant of double probate.
9 Preparing all documents and obtaining a grant of trusteeship of minors’ estates.
10 Dealing with any claims by claimants.
11 Setting up any trusts required by the will and arranging for the reimbursement of the trustees for services rendered to the trusts.
12 Identifying property not forming part of the estate but passing by survivorship or passing directly to a named beneficiary outside the will, including
  (a) preparing documentation to transfer land and other property held in joint tenancy to the surviving tenants;
  (b) preparing documentation to pass property to designated beneficiaries outside the will.
13 Arranging for any other legal services not included in Table 1.
14 Generally advising the personal representative on all matters referred to in this Table.

Duties of the Personal Representative include:

Table Personal Representatives' Duties

1 Making arrangements for the disposition of the body and for funeral, memorial or other similar services.
2 Determining the names and addresses of those beneficially entitled to the estate property and notifying them of their interests.
3 Arranging with a bank, trust company or other financial institution for a list of the contents of a safety deposit box.
4 Determining the full nature and value of property and debts of the deceased as at the date of death and compiling a list, including the value of all land and buildings and a summary of outstanding mortgages, leases and other encumbrances.
5 Examining existing insurance policies, advising insurance companies of the death and placing additional insurance, if necessary.
6 Protecting or securing the safety of any estate property.
7 Providing for the protection and supervision of vacant land and buildings.
8 Arranging for the proper management of the estate property, including continuing business operations, taking control of property and selling property.
9 Retaining a lawyer to advise on the administration of the estate, to apply for a grant from the court or to bring any matter before the court.
10 Applying for any pensions, annuities, death benefits, life insurance or other benefits payable to the estate.
11 Advising any joint tenancy beneficiaries of the death of the deceased.
12 Advising any designated beneficiaries of their interests under life insurance or other property passing outside the will.

13

 Arranging for the payment of debts and expenses owed by the deceased and the estate.
14 Determining whether to advertise for claimants, checking all claims and making payments as funds become available.
15 Taking the steps necessary to finalize the amount payable if the legitimacy or amount of a debt is in issue.
16 Determining the income tax or other tax liability of the deceased and of the estate, filing the necessary returns, paying any tax owing and obtaining income tax or other tax clearance certificates before distributing the estate property.
17 Instructing a lawyer in any litigation.
18 Complying with the requirement for filing an acknowledgment of trustee(s) before distributing any property to a trustee.
19 Complying with the requirement for filing an acknowledgment of trustee(s) before distributing any property to a trustee.
20 Distributing the estate property in accordance with the will or intestate succession provisions.

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