However, before doing this any liabilities or debts of the estate must be dealt with. (2) The person named in an order made pursuant to subsection (1) shall, in accordance with the order: (a) pay out of the personal property of the deceased the reasonable funeral expenses of the deceased and the debts of the deceased; and (b) pay over any balance to the beneficiaries or next of kin. The person named in an order shall: pay out of the personal property of the deceased the reasonable funeral expenses of the deceased and the debts of the deceased; and pay over any balance to the beneficiaries or next of kin. This in turn raises the issue of whether a personal representative has to tell a beneficiary of the difference in applying these rules, since as noted above, it is possible to make an application to the court to apply the old rules. This paper is a companion to theTrustees Act: Proposals for Reform (2002) and addresses the powers of personal representatives who are not trustees as defined in The Trustee Act.The Commission recommends including some provisions garnered from existing statute in The Administration of Estates Act and omitting other out-dated provisions, in effect replacing the Devolution of Real Property Act. Google™ Translate is a free online language translation service that can translate text and web pages into different languages. Find services and information for doing business in Saskatchewan. Teamwork Makes the Dream Work; Legal Line continues to grow in 2020; Access to Justice Week celebrates it’s 5th year and Legal Line was there; A Blast From the Past ~ Valedictorian Speech; 2020 World Legal Summit; Categories. A-4.1 REG 1 ADMINISTRATION OF ESTATES (v) a retirement savings plan within the meaning of section 73 of The Queen’s Bench Act, 1998where the proceeds are payable to a named beneficiary; or (vi) a retirement income fund within the meaning of section 75 of beneficial interest in the estate, and there are neither minors under the age. Reasonable funeral and administration expenses of the estate are paid before any other debts. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. An Act to provide for the Preservation, Interpretation and Development of Certain Aspects of Heritage Property in Saskatchewan, to provide for the continuance of the Saskatchewan Heritage Foundation and to provide for the naming of Geographic Features PART I SHORT TITLE A number of pages on the Government of Saskatchewan's website have been professionally translated in French. Statutory marshalling rules replace the common law marshalling rules when the property in an estate is insufficient to pay all of the deceased’s debts and make the specific gifts to the beneficiaries in the deceased’s Will. Saskatchewan’s list is very similar to Alberta’s and is at §11 of the Administration of Estates Act SS 1998, c. … Payment of debts out of the residuary estate. The Administration of Estates Act, SS 1998, c A-4.1 1 ADMINISTRATION OF ESTATES c. An Administrator does not always have the benefit of a Will that sets out how the property is to be distributed. Help us improve, First Nations, Métis and Northern Citizens, Agriculture, Natural Resources and Industry, COVID-19 Information for Businesses and Workers, Environmental Protection and Sustainability, First Nations, Métis, and Northern Community Businesses, Housing Development, Construction and Property Management, Cabinet, Ministries, Agencies and Other Governments, Educational Institutions and Child Care Facility Administration, Health Care Administration and Provider Resources, Legislation, Maps and Authenticating Notarized Documents, Administering the Estate of Someone Who's Died, When the Deceased has a Last Will and Testament, When the Deceased does not have a Last Will and Testament, Application in Small Estates - Memorandum to the Judge - Form 16-36, 100 - 1871 Smith Street, Regina, SK, Canada, S4P 4W4. s 34.1. This is a special area of the law that requires careful consideration should a minor have an interest in a deceased’s estate. This can be done when a person dies intestate or leaves a will without having appointed an executor who is willing and competent to act. Revised legislation carried on this site may not be fully up to date. Administration of Estates Regulations - see Administration of Estates Act Regulations (Sask.). At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Prior to the proclamation of the Estate Administration Act, some of the law dealing with minors’ property was in the old Administration of Estates Act. (3) A receipt given by a person for personal property received by that person pursuant to an order made pursuant to subsection (1) discharges the person who pays over or delivers the property from liability with respect to that payment or delivery. The Administration of Estates Act 1925 is an Act passed in 1925 by the British Parliament that consolidated, reformed, and simplified the rules relating to the … The Intestate Succession Act, 2019, sets out in detail how the assets of an estate must be distributed when there is no Will. The Administration of Estates Regulations, RRS c A-4.1 Reg 1 1 ADMINISTRATION OF ESTATES A-4.1 REG 1 The Administration of Estates Regulations being Chapter A-4.1 Reg 1 (effective July 1, 1999) as amended by Saskatchewan Regulations 63/2002, 76/2004, 59/2007, 97/2008, 52/2010, 24/2012 and 60/2014. The Estate Administration Act was proclaimed in force June 1st, 2015. A Website of The Centre for Public Legal Education Alberta, in accordance with the testator’s wishes and the Will, if a valid Will exists; and. The Court of Queen’s Bench Surrogate Practice Act (“The Surrogate Practice Act”) governs the administration of estates in Manitoba. 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