Duties of Legal Counsel

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 theAlbertagrant.

8   Preparing transmission and transfer documents for land transferrable under theAlbertagrant.

9   Preparing all other documents required to transmit and transfer property transferrable under theAlbertagrant.

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 RevenueCanada.

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 inAlbertaor 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 inAlberta.

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.