Estate Administration Rules

Definitions

In these Rules,

"beneficiary" includes persons who receive gifts of any kind under a will, and heirs on intestacy; (bénéficiaire)

"contentious matter" means

"Court" means the Supreme Court of the Northwest Territories; (tribunal)

"dependant" means a dependant as defined in section 1 of the Dependants Relief Act; (personne à charge)

"foreign grant" means a grant of probate or administration or other document purporting to be of the same nature granted by a court in a jurisdiction that is not a foreign jurisdiction; (lettres étrangères)

"foreign jurisdiction" means a jurisdiction that is not

"passing accounts" means a procedure, as set out in these Rules, for the review by the Court of the accounts of an estate of a deceased person, a minor or an adult; (reddition de compte) "person interested in an estate" means a person referred to in rule 54; (personne ayant un intérêt dans la succession)

"personal representative" means

"Public Trustee" means the Public Trustee as defined in section 1 of the Public Trustee Act; (curateur public)

"seal of the Court" means the seal described in section 1 of the Seal of the Supreme Court Regulations; (sceau de la Cour)

"spouse" means a spouse as defined in subsection 1(1) of the Family Law Act; (conjoint)

"Supreme Court Rules" means the Rules of the Supreme Court of the Northwest Territories; (Règles de la Cour suprême)

"will" means a will as defined in section 1 of the Wills Act. (testament)

Probate and administration

Application for direction

A personal representative or a person interested in an estate may, at any time, apply to the Court for direction in accordance with Part 31 of the Supreme Court Rules.

Notice to attend or produce

Connection to jurisdiction required

An application or pleading may not be filed or proceedings undertaken in respect of the estate of a deceased under these Rules unless, on the date of death,

Date of affidavit

An affidavit filed under these Rules may be dated before the date on which it or any other document is filed.

Additional information

On an application submitted under these Rules, the Court may require the applicant to give additional information that the Court requires.

Forms

Compensation

Definition: small estate

Grants

Preference for grant of probate

Limited grant

Forms required for grant of probate or

Void gift

If a beneficial devise, legacy, estate, interest, gift or appointment to a person under a will is void under subsection 10(2) of the Wills Act, an application made under this Part with respect to the will must

Wills and codicils

Identification by witnesses

Form

Proving signing of will

Will not in English or French

If a will is written in a language other than English or French, an applicant shall include an Affidavit of Verification for Translated Will in Form 37 verifying the will’s translation into English or French.

Witness dead or unavailable

If both witnesses to a will are dead or neither witness can provide an affidavit, an applicant may establish proof that the formalities required for a will to be valid were observed, by providing an affidavit

Undated will

Testator under 19 years of age

If the deceased was under 19 years of age at the time the will was signed, an applicant shall prove that section 4 of the Wills Act was complied with at the time the will was signed.

Other documents

Formal proof of will

The Court may require formal proof of a will under Part 2 or any other proof satisfactory to the Court, if

Lost will

If an original will is lost or destroyed but a copy or other evidence of it exists, the Court may admit the copy or other evidence to probate if

Alterations

If the Court directs that any alterations, interlineations, erasures or obliterations should be omitted from a will, the Clerk shall omit them from the copy of the will attached to the grant.

Notice of application

Notice of application to Public Trustee

Unknown beneficiary

If an applicant knows of a particular beneficiary but does not know the identity or address of the beneficiary, the applicant shall file an Affidavit Respecting Missing or Unknown Beneficiaries in Form 23 with the application.

Bonds

Dispensation from bond

Application for bond

Powers of Court

Renunciation: grant of probate

Nominations

On an application for a grant of probate or a grant of administration, the persons entitled to administration may, in accordance with rule 12, nominate a person to be the personal representative by filing a Nomination and Consent to Appointment in

Form

Grant of double probate

Grant of resealed probate or resealed administration

Ancillary grant

Unadminister- ed property

Notice to claimants

Notice by claimant

rule

Verification of claims

Form

Valuation of security

Contested claims

Division 5 of Part 2 applies if a personal representative does not agree to all or part of a claim made by a claimant against an estate.

Claims not yet payable

Fees

Fees for services performed by an officer of the Court are prescribed in the Court Services Fees Regulations.

Applications

The Clerk shall

Grants

The Clerk shall

Retention of documents

The Clerk shall retain a sealed duplicate original of all grants issued.

Copies of documents

Unless the Court requires otherwise, the Clerk shall give copies of the documents filed in the Court to any person who asks for them, on payment of the required fee.

Clerk’s certificate

The Clerk may issue a Certificate of Valid Grant in Form 45 certifying that a grant or other document is in force.

Application

Parties

A personal representative who is not joined as an applicant in an application under this Part must be shown as a respondent in documents filed with the Court.

Persons interested in estate

Subject to rule 74, the following classes of persons may be interested in a particular estate:

Commencing of action

A person may submit an application under this Part by filing

Documents to be served

Service standards

Notice

Notice of an application must be given

Representation

Proceedings in chambers

All proceedings to which this Part applies must be before a judge in chambers unless the Court or these Rules require otherwise.

Procedure at hearing

Trial of issue

On ordering the trial of an issue, the Court must determine by order the procedure to be followed and the terms and conditions under which the trial is to proceed.

Time limit

Production of testamentary documents

If an applicant applies for an order requiring the production of a testamentary document, the Court may require a person, by affidavit or by an appearance before the Court, to

Security for costs

The Court may order security for costs to be posted by any party at any stage of the proceedings under this Division.

Time for completion

The Court may set a time or times within which matters or proceedings respecting an estate must be completed under this Part.

Caveat against issue of grant

Part

Warning to caveator

An applicant for a grant may file and serve a Warning to Caveator in Form 47 on a caveator.

Objection to grant

Definition: informal grant

rule

Applications

Part application pending

Original will lost or destroyed

Required documents

Persons interested in estate

Notwithstanding rule 54, the following classes of persons interested in an estate may apply for an order under rule 71:

Action commenced by person interested in

Special applications

Order requiring formal probate

Parties

If a personal representative renounces or fails to respond to a Notice of Objection in Form 48, the person filing the notice is deemed to be the applicant in any application to the Court for further directions.

Hearing of application

Persons who took instructions compellable

Any person who took instructions for the preparation of the will is compellable as a witness and is subject to pretrial discovery of documents and oral examinations for discovery respecting

Order of decisions

The Court must do the following on an application for formal proof of a will:

Order of proceedings

In an application for formal proof of a will under this Division,

Other proceedings

An application for formal proof of a will may be combined with another application to the Court concerning the same estate.

Witness fees and conduct money

Paragraph 641(f) of the Supreme Court Rules applies in respect of a witness at a hearing under this Division.

Powers of Court

On an application under this Division, the Court may

Order final

Appeal

Notwithstanding rule 86, an appeal lies to the Court of Appeal from the whole or any part of an order under this Division.

Return and revocation of informal grant

Contested claim

If a personal representative does not agree with all or part of the claim of a claimant against the estate, the personal representative shall serve the claimant with a Notice of Contestation in Form 53.

Application to Court

Requirement for accounting

Contents of financial statements

Acceptable document- ation

The following documentation is sufficient to confirm ownership by the estate of property in each of the following cases:

Release

Effect of release

A personal representative may rely on a release for confirmation that, in the opinion of the residuary beneficiary giving the release,

Bond not cancelled

Releases obtained under rule 94 do not constitute the cancellation of a bond.

Dispensing with passing accounts

Proceeding without notice

If no notice of objection is filed by a person interested in the estate or if all residuary beneficiaries have signed releases, an application under rule 95 may proceed without notice to any other person.

Documents must be satisfactory

Objection

Required forms

Application by person interested in estate

Reply

Form

Withdrawal

If a personal representative gives an accounting under paragraph 103(2)(a) that satisfies the applicant, the applicant shall withdraw the application by

Objection

If the personal representative objects under paragraph 103(2)(b) to an application for an order requiring the formal passing of accounts, the personal representative shall file and serve an Affidavit in Support of Objection to Application to Require Accounts Pass Formally in Form 64 on the applicant and the persons interested in the estate who have not given releases.

Powers of Court

Notice of objection

Examination of accounts by accountant

Access to records

A personal representative and any other person having knowledge or possession of documents relating to the administration of an estate, shall

Reports

Orders

An order made under this Part must be made using an Order Respecting Terms of Accountant’s Engagement in Form 65.

Application to probate and administration proceedings

Previous Rules repealed

The Probate, Administration and Guardianship Rules of the Supreme Court of the Northwest Territories, SOR/79-515, made under the Judicature Act on July 5, 1979 and amended on January 22, 2002, are repealed.

Coming into force

These Rules come into force January 31, 2017.

SCHEDULE A

Form 1 (Subrule 8(3))

BACKER

No. S.C. , 20 .

IN THE SUPREME COURT OF THE

NORTHWEST TERRITORIES

IN THE MATTER of the Estate of

_________________________________________________ ,

late of _______________________________________ , in the Northwest Territories, deceased.

__________________________________________________

APPLICATION (or other title)

__________________________________________________

This Application is filed by:

___________________________________________________ (Personal representative, lawyer, agent, person interested in an estate, etc.)

whose address for service is:

___________________________________________________

__________________________________________________

___________________________________________________

(If a lawyer will accept service by email, an email address may be included) Form 2 (Paragraph 10(3)(a))

APPLICATION FOR DECLARATION OF SMALL ESTATE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of ___________________________ , in the Northwest Territories, deceased.

APPLICATION FOR DECLARATION OF SMALL ESTATE

DETAILS

1. The applicant, ______________________________________________ , applies to the Court for an order declaring that the estate of the deceased, _______________________________________________ , is a small estate where the net value of the estate reasonably appears to be less than $35,000 and an order that the applicant (a) is authorized to administer the estate of the deceased; and (b) may use any of the property in the small estate to (i) pay reasonable funeral expenses, (ii) pay the debts of the deceased, and (iii) pay any remaining balance to those entitled under the terms of the will, or if there is no will, to those entitled under the Intestate Succession Act.

2. The following documents are filed with this application:

(a) Form 3 - Memorandum and Affidavit in Support of Application for Declaration of Small Estate; (b) Certified copy of Certificate of Death (If no Certificate of Death available, attach as exhibits any relevant documents to prove death such as funeral director’s statement); (c) .

3. The following provisions are relied upon:

(a) Rule 10; (b) ___________________________________________ .

4. You may contact: ___________________________________________________________________________ at: _______________________________________________________________________________________ __________________________________________________________________________________________ phone: ________________________ , for any further information you may need.

Please read the enclosed documents carefully so that you may understand what this application is about.

Applicant(s) or Lawyer(s) for the Applicant(s):

______________________________________ __________________________________________ (Applicant’s signature) (Date) (Print name below)

ORDER

BEFORE THE HONOURABLE ) _________________________ in the Northwest Territories, ) (Community)

) ____________________________________ ) on this _________ day of ___________________ , 20 ____ .

UPON THE APPLICATION OF ______________________________ , coming on before me on this _____ day of ___________________ , 20 _____ , and upon hearing __________________________ , counsel for the applicant and , counsel for ___________________________________________ .

THE COURT HAS:

Reviewed the application, and other documents filed in this application;

Heard representations from the parties or counsel for the parties;

Considered the application;

AND THE COURT ORDERS:

1. The estate of the deceased is a small estate as defined in subrule 10(1) of the Estate Administration Rules.

2. The applicant (a) is authorized to administer the estate of the deceased; and (b) may use any of the property in the small estate to (i) pay reasonable funeral expenses, (ii) pay the debts of the deceased, and (iii) pay any remaining balance to those entitled under the terms of the will, or if there is no will, to those entitled under the Intestate Succession Act; and (c) do any other thing under these rules that would be required of a personal representative in respect of an estate.

3. This order is the order referred to in paragraph 130(2)(c) of the Land Titles Act.

4. A grant under this Part is not required, unless the Court orders otherwise. This order has the same effect as a grant.

ENTERED this _____ day of ____________ , 20____ . ___________________________________________ Clerk Form 3 (Paragraph 10(3)(b))

MEMORANDUM AND AFFIDAVIT IN SUPPORT OF APPLICATION FOR

DECLARATION OF SMALL ESTATE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

MEMORANDUM AND AFFIDAVIT IN SUPPORT OF APPLICATION FOR

DECLARATION OF SMALL ESTATE

This is an application without notice made under section 10 of the Estate Administration Rules for an order declaring that the personal property of ____________________________________ , late of ___________________________ (Name of deceased) (Residence of time of death) ___________________________________________________ , in the Northwest Territories, be paid or delivered to ______________________________ , of _______________________________________________________ , in the Northwest Territories, to be disposed of as follows:

(a) ____________________________________ to ______________________________________________ (Amount) (State name of recipient)

as payment of reasonable funeral expenses;

(b) ____________________________________ to _______________(_St_a_te_ n_a_m_e_ o_f _re_c_ip_ie_n_t)________________ (Amount)

as payment of the debts of the deceased; and

(c) ____________________________________ to _______________(_St_a_te_ n_a_m_e_ o_f _re_c_ip_ie_n_t)________________ (Amount)

All of which is respectfully submitted.

DATED at _________________________ , Northwest Territories, on this ____ day of ________ , 20_____ .

____________________________________________________ (Applicant’s signature) (Print name below)

AFFIDAVIT IN SUPPORT OF APPLICATION FOR DECLARATION OF SMALL ESTATE

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, _____________________________________ , of ________________________________ , Northwest

Territories, _________________________________ , MAKE OATH AND SAY THAT: (Occupation)

1. ___________________________________________ late of _______________________________________ , (Name of deceased) (Residence at time of death) in the Northwest Territories, died at ________________________________________ , in the Northwest Territories (Place of death) on or about _____ day of ______________ , 20____ .

2. _____________________________________________ was _________________ , and the following persons may (Name of deceased) (State marital status) be entitled to share in the estate: (names, ages and addresses of all such persons)

Name: _______________________________________________________________________________

Address: _______________________________________________________________________________

Age: ______________ Relationship: _______________________________________________

Name: _______________________________________________________________________________

Address: _______________________________________________________________________________

Age: _________________ Relationship: _______________________________________________

Name: _______________________________________________________________________________

Address: _______________________________________________________________________________

Age: _________________ Relationship: _______________________________________________

Name: _______________________________________________________________________________

Address: _______________________________________________________________________________

Age: _________________ Relationship: _______________________________________________

3. The estate of the deceased consists of the following: (Set out and address of the persons in whose possession such property may be

Name:

Address:

Property:

Name:

Address:

Property:

Name:

Address:

Property:

Name:

Address:

Property:

4. Funeral expenses in the amount of $ __________________ not been paid and are owing to

5. As far as I have been able to ascertain, the debts of the deceased of claims of the creditors of the deceased)

Name:

Address:

Amount of Claim:

Name:

Address:

Amount of Claim:

Name:

Address:

Amount of Claim:

Name:

Address:

Amount of Claim:

6. I will well and truly administer the property of the deceased by paying the funeral expenses and debts of the deceased, and by distributing or paying the residue of such property to the persons entitled to share in the estate, as the Court may order.

7. I will file with the Clerk all receipts of payment or other disposition of the property of the deceased made by me.

8. I will make this affidavit for the purpose of obtaining an order from the Court under rule 10 fo the Estate Administration Rules.

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Applicant)

, 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form

ORDER

IN THE SUPREME COURT OF THE

IN THE MATTER of the Estate of ___________________________ the Northwest Territories, deceased.

PARTIES

Applicant(s)

Respondent(s)

Beneficiaries (residuary)

Life tenants

Beneficiaries (non residuary)

Beneficiaries (intestacy)

Trustees for represented adults

Attorney(s) for incompetent adults

Minors

Missing persons

Unpaid claimants

Bonding companies

ORDER

BEFORE THE HONOURABLE )

)

) ) on this

UPON THE APPLICATION OF of , 20 , and upon hearing and , counsel for THIS COURT ORDERS THAT: (State terms of order made in concise paragraphs)

2.

3.

(The following list is a guide only to possible items in the order; you must tailor the draft order to the circumstances of your case:

1. Sufficient service of all documents on all parties has been effected.

2. The personal representative(s) have fully and satisfactorily accounted to (the Court/the beneficiaries).

3. Personal representative(s) fair and reasonable compensation in the amount of $ plus disbursements and GST to be paid as follows: (a) $ to be paid from capital; (b) $ to be paid from revenue.

4. Distribution of the estate property according to the schedule of distribution.

5. Cancellation of the bond of .

6. Discharge of the personal representative(s).

7. The personal representative(s) must pass accounts formally for the period to in accordance with the Estate Administration Rules.

8. The personal representative(s) are not required to pass accounts formally for the period to at this time.

9. Dispensing with a formal passing of accounts for the period to .

10. Costs of this application to the personal representative(s) in the amount of $ plus disbursements incidental to this application, plus GST, to be paid from the residue of the estate.

11. Costs of this application to the applicant(s) in the amount of $ plus disbursements incidental to this application, plus GST, to be paid from the residue of the estate.

12. Costs of this application to the other respondents in the amount of $ plus disbursements incidental to this application, plus GST, to be paid from the residue of the estate.

13. The personal representative is formally discharged).

ENTERED on this day of , 20 . Clerk

FORM 5 (Subrule 11(3))

GRANT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

GRANT OF ___________________________________ (Select type of grant from rule 11)

WHEREAS __________________________________________________________________, also known as (Legal name of deceased) ___________________________________________________________________________________________ , (Indicate any other names by which deceased was known)

(the "deceased") whose last known address was __________________________________ died on or about _______ day of , 20 (Add the following only if this grant applies to grant of probate or grant of administration with will annexed: and left a will dated) day of , 20 , a copy of which is attached. Administration of the estate of the deceased is granted to ____________________________ (If this grant is a grant of probate, (Names) add the following if required: reserving the right of _________________________________ to apply for and obtain a grant (Names) of probate at a later date if that executor/those executors should so desire.)

(Add whichever of the following is/are correct:)

The will in relation to which this grant is issued is to be read in conjunction with an order dated day of , 20 , a copy of which is attached.

- OR -

This grant is limited pursuant to an order dated _____ day of , 20 , a copy of which is attached.

- OR -

This grant is ancillary to a foreign grant dated _____ day of , 20 , a copy of which is attached, and is limited to property in the Northwest Territories.

Sealed by the Supreme Court of the Northwest Territories on _____ day of , 20 pursuant to the fiat of The Honourable Justice .

ENTERED on this day of , 20 . Clerk Form 6 (Subparagraphs 14(1)(a)(i) and 14(2)(a)(i))

APPLICATION FOR GRANT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

APPLICATION FOR * GRANT

1. This is an application for a grant of (Choose one of the following): [ ] Probate [ ] Administration [ ] Administration with will annexed [ ] Administration of unadministered property [ ] Administration until will found [ ] Administration for preservation of property [ ] Administration when the validity of will is in question [ ] Administration during the minority, absence or mental incapacity of personal representative(s) [ ] Administration limited to __________________________________ [ ] Supplemental probate or administration

2. The following applies in respect of a bond (Choose one of the following): [ ] Not required [ ] Obtained [ ] Request to dispense

3. The following notices are required: [ ] Form 14 - Notice to Beneficiaries (Residuary) [ ] Form 16 - Notice to Beneficiaries (Non residuary) [ ] Form 18 - Notice to Spouse of deceased for rights or claims under Family Law Act [ ] Form 19 - Notice to Dependant for rights or claims under the Dependant’s Relief Act [ ] Form 27 - Notice to Beneficiaries (Intestacy) [ ] Other __________________________________

4. Has a copy of the Application been filed with the Public Trustee? (Choose one of the following): [ ] Yes [ ] No

Public Trustee must receive copy of Application if minors or missing persons are involved in the estate. See the Public Trustee Act.

Applicant

((Applicant’s signature) (Date) (Print name below)

ORDER

BEFORE THE HONOURABLE )

)

) ) on this

UPON THE APPLICATION OF of , 20 , and upon hearing and , counsel for

THE COURT HAS:

Reviewed the application, and other documents filed in this

Heard representations from the parties or counsel for the

Considered the application;

AND THE COURT ORDERS:

1. The grant as applied for is issued.

ENTERED on this day of ,

20 . Form 7 (Subparagraphs 14(1)(a)(ii) and 14(2)(a)(ii))

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR GRANT

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

Applicant(s)

1. The applicant(s) are entitled to apply for a grant because the applicant(s) are

Schedules Attached

2. The following forms are part of this affidavit (Choose all that apply): [ ] Form 8 - Schedule 1- Deceased [ ] Form 9 - Schedule 2 - Will (not to be ticked if application is for grant of administration) [ ] Form 11 - Schedule 3 - Personal Representatives [ ] Form 12 - Schedule 4 - Beneficiaries [ ] Form 13 - Schedule 5 - Value of Estate in Northwest Territories

(Mark each document as an exhibit in accordance with rule 17 of these rules and rules 377 and 378 of the Supreme Court Rules.)

Documents Attached

3. The following documents are part of this affidavit: [ ] Original will of the deceased [ ] Form 10 - Affidavit of Witness to Will

(Mark each document as an exhibit in accordance with rule 17 of these rules and rule 377 and 378 of the Supreme Court Rules)

4. The schedules and documents that are part of this affidavit provide all the information required in this application by the Estate Administration Rules and have been prepared by me or by my lawyer on my behalf. Notices

5. The applicant(s) will serve the following notices as required:

[ ] Form 16 - Notice to Beneficiaries (Non residuary) [ ] Form 18 - Notice to Spouse of deceased for rights or claims under the Family Law Act [ ] Form 19 - Notice to Dependant for rights or claims under the Dependants Relief Act [ ] Form 22 - Notice to Public Trustee of Application for Grant [ ] Form 24 - Notice of Void Gift [ ] Form 27 - Notice to Beneficiaries (Intestacy)

(Include the following if applicable.)

6. The applicant(s) will not make a distribution to a trustee of any property that is subject to a trust under the will until after a Form 30 - Acknowledgement of Trustees signed by the trustee(s) has been filed.

7. The applicant(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of their administration to the persons entitled to it when lawfully required.

8. The following special or unusual circumstances exist in relation to this estate: (a) ; (b) .

SWORN BEFORE ME at

) (Community) ) in the Northwest Territories, on this day of ) , 20 . ) (Signature of Applicant)

)

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 8 (Subparagraphs 14(1)(a)(iii) and 14(2)(a)(iii))

SCHEDULE 1 - DECEASED

THIS IS EXHIBIT " " referred to in the affidavit of

_______________________________________________________

Sworn before me on this ____ day of ________________ , 20 ___.

_______________________________________________________ (Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

SCHEDULE 1 - DECEASED

Before completing this form, ensure that the applicant has reviewed the family information to include a person who may be within the definition of a former spouse or other dependant.

1. Particulars of Deceased

Name of deceased:

Any other name(s) by which deceased known:

Last residential address:

Date of birth:

Place of birth:

Date of death:

Habitual territory/province/state of residence:

The deceased died: [ ] Testate

[ ] Intestate (After a thorough search of all likely places, no testamentary paper of the deceased has been found)

Certificate of Death available? [ ] Yes [ ] No If Yes, include a certified copy of Certificate of Death. If No, explain why no Certificate of Death issued and attach as exhibits any relevant documents to prove death such as the funeral director’s statement.

2. Immediate Family

Indicate whether there are any persons in each of the following categories of relationship to the deceased, and provide the indicated details.

(a) Spouse ("Spouse" has the meaning assigned to that term by section 1 of the Family Law Act)

Name:

Full address:

(b) Dependants ("Dependant" has the meaning assigned to that term by section 1 of the Dependants Relief Act)

Name:

Date of birth:

Type of dependant: [ ] A child of the deceased who is under 19 years of age at Select one box the time of the death of the deceased

[ ] A child of the deceased who is 19 years of age or older at the time of the death of the deceased and unable, by reason of mental or physical disability, to earn a livelihood

[ ] A person who cohabited with the deceased for one year immediately before the time of the death of the deceased and was dependent on the deceased for maintenance and support

[ ] A person who, at the time of the death of the deceased, was cohabiting with the deceased and between whom one or more children were born

[ ] A person who, at the time of the death of the deceased, was acting as a parent of the children of the deceased in the same household and who was dependent on the deceased for maintenance and support Full address: ________________________________________________

_______________________________________________

________________________________________________

_______________________________________________

(c) Children of the deceased who are not dependants ("Child" has the meaning assigned to that term by section 1 of the Dependants Relief Act)

Name: _______________________________________________

Date of birth: _______________________________________________

Date of death (if applicable) _______________________________________________

Child died leaving children? [ ] Yes [ ] No

Type of child: [ ] A natural child or a stepchild Select one box [ ] A child who appears to the satisfaction of the Supreme Court in effect to have been adopted although there has not been compliance with the Adoption Act or any predecessor Act

[ ] A child of the deceased en ventre sa mère at the date of the death of the deceased

Full address: _______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________ Form 9 (Subparagraph 14(1)(a)(iv) and paragraph 72(2)(b))

SCHEDULE 2 - WILL

THIS IS EXHIBIT " " referred to in the affidavit of

_______________________________________________________

Sworn before me on this day of , 20 .

(Signature of Commissioner for Oaths)

A Commissioner for Oaths in and for the Northwest Territories

(Commissioner’s stamp or printed name)

My Commission expires

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

SCHEDULE 2 - WILL

Fill this form out only if there is a will.

Date of will: ____________________________________________

Deceased’s age at date of will: ____________________________________________

Marriage of deceased is subsequent to [ ] Yes [ ] No date of will

Name of first witness: ____________________________________________

Name of second witness: ____________________________________________

Neither witness is a beneficiary or the spouse or a dependant of either witness is a beneficiary named in the will.

To the best of the information and belief of the personal representative(s), this is the deceased’s original last will. (Delete if resealing)

(Delete the following paragraph if resealing)

The personal representative(s) has (have) examined the will and observes that __________________________ . [ ] there appear to be no erasures, changes, or other additions to the will. [ ] there appear to be the following changes to the will: __________________________ . Form 10 (Subparagraphs 14(1)(a)(v) and 14(2)(a)(iv) and subrules 17(3) and (6))

AFFIDAVIT OF WITNESS TO WILL

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

AFFIDAVIT OF WITNESS TO WILL

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

1. I am one of the subscribing witnesses to the last will of the deceased/testator,

.

2. The will is dated ________________________ and is marked as Exhibit A to this affidavit.

3. When the deceased/testator signed the will, I believe the deceased/testator understood that the document being signed was the deceased’s will. (Strike out if applicant did not know or was not told it was the deceased/testator’s will)

4. When the deceased/testator signed the will, I believe the deceased was competent to sign the will. (Strike out if applicant did not know or was not told it was the deceased/testator’s will)

5. The deceased/testator, myself and the other witness to the will, ________________________ , were all present together when the witnesses and the deceased/testator signed the will.

6. Before the deceased/testator signed the will, the deceased/testator made the following changes to it: (a) ;

(b) .

) Territories, on this day of )

, 20 . )

(Signature of Commissioner for Oaths)

for Oaths

(Commissioner’s stamp or printed name)

expires .

If this affidavit is sworn within the Northwest Territories, it must Territories or other person authorized under section 65 of the Evidence

If this affidavit is sworn outside the Northwest Territories, it must sworn of the Evidence Act. Form 11 (Subparagraphs 14(1)(a)(vi) and 14(2)(a)(v))

SCHEDULE 3 - PERSONAL REPRESENTATIVES

THIS IS EXHIBIT " " referred to in the affidavit of

Sworn before me on this day of , 20 .

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

SCHEDULE 3 - PERSONAL REPRESENTATIVES

1. Name and complete address of each personal representative ____________________________________________

____________________________________________

____________________________________________

2. Status (Choose one of the following:)

Named in the will Person(s) with first priority to apply

3. Relationship to deceased ____________________________________________

4. Age over 19

5. Names of any persons with a prior or equal right ____________________________________________ to apply

____________________________________________

(In all grants of administration, provide name(s), address(es), relationship to deceased of all persons with a prior or equal right to apply according to the Rules. Show N/A for applications for probate). Names of any renunciations attached ____________________________________________

____________________________________________

(Provide persons applicant(s)). Form 12

SCHEDULE 4 - BENEFICIARIES

THIS referred

Sworn

A

My

IN THE SUPREME COURT OF THE

of the Estate of ___________________________ deceased.

SCHEDULE 4 - BENEFICIARIES

Each Beneficiary

___________________________

___________________________ Complete Address

___________________________ Relationship to deceased:

___________________________ Check apply

___________________________

___________________________

___________________________

governing paragraph of will ________________________________________________

indicate governing section of legislation being relied upon ________________________________________________

[ ] Yes [ ] No

Explain if no:

(Include any power of attorney documents, representation Form 13 (Subparagraphs 14(1)(a)(viii) and 14(2)(a)(vii))

SCHEDULE 5 - VALUE OF ESTATE IN NORTHWEST TERRITORIES

THIS IS EXHIBIT " " referred to in the affidavit of

Sworn before me on this day of , 20 .

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

SCHEDULE 5 - VALUE OF ESTATE IN NORTHWEST TERRITORIES

1. Summary of Value of Estate in Northwest Territories

Land and buildings (net of encumbrances) $ C

Other property (gross) $ E

Gross value of estate $ A

Debts (excluding encumbrances on land) $ H

NET VALUE OF ESTATE $ I

2. Property (a) Land and Buildings in the Northwest Territories

Location of Property:

Provide municipal address or, if none, closest municipality

Legal Description of Property:

Description:

Gross value: $ A

Encumbrances: $ B

Net Value (A-B) $ C (b) Other Property Gross Value

TOTAL VALUE OF PROPERTY

(C+D)

3. Debts funeral debts)

Description

Value

TOTAL VALUE OF DEBTS (Sum of all entries for G)

4. Net Value of Estate

NET VALUE OF ESTATE (E-H) Form 14 (Subparagraphs 14(1)(a)(ix) and 14(2)(a)(viii) and subparagraph 27(1)(a)(i))

NOTICE TO BENEFICIARIES (RESIDUARY)

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

DETAILS

1. You are named as a residuary beneficiary in the last will of .

2. The will gives you .

3. The personal representative(s) named in the will have applied for a grant of probate or the person(s) entitled have applied for a grant of administration with will annexed.

4. Enclosed with this notice is a copy of the application for a grant of probate or grant of administration with will annexed. This includes a copy of the will and a list of the estate property and debts.

5. Once the court issues the grant, the personal representative(s) will collect in the property, pay the debts, and complete the administration of the estate and anything else required of the personal representative(s). Then they will be in a position to account to you before distributing any estate left after payment of all debts and expenses.

6. By issuing the grant, the Court is not approving the figures submitted in the application for a grant of probate. It is the responsibility of the beneficiary(ies) to supervise the actions of the personal representative(s).

7. If you believe the personal representative is not complying with his or her duties, try to resolve the matter through discussion with the personal representative. If you are unable to resolve the matter, you or your lawyer may apply to the Court, in accordance with the Estate Administration Rules and it may provide a remedy if it is satisfied that the personal representative is not complying with his or her duties. If you wish to contest or object to any aspect of this process, refer to the Estate Administration Rules for options.

8. You may contact: at:

. Phone: , for any further information you may need.

(The contact person may be either the personal representative(s) or the lawyer)

Personal Representative

Name: Date:

Address:

Note : Modify this notice as necessary if the application is for a grant of administration with will annexed Form 15 (Subparagraphs 14(1)(a)(x) and 14(2)(a)(ix) subrules 27(4) and 57(2))

AFFIDAVIT OF SERVICE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT OF SERVICE

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

1. On , I served true copies of the originals of the following documents: (Complete date) (a) __________________________ , attached to this my affidavit as Exhibit A; (b) __________________________ , attached to this my affidavit as Exhibit B. (Describe documents)

2. I served these documents on each of the following by: (Describe manner of service and where served) (a) __________________________ ; (b) __________________________ .

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Applicant)

, 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 16 (Subparagraphs 14(1)(b)(i) and subparagraph 27(1)(a)(ii))

NOTICE TO BENEFICIARIES (NON-RESIDUARY)

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE TO BENEFICIARIES (NON-RESIDUARY)

DETAILS

1. You are named as a non-residuary beneficiary in the last will of:

2. The will gives you:

3. The personal representative(s) named in the will have applied for a grant of probate.

4. Once the court issues the grant, the personal representative(s) will collect in the estate property, pay the debts, and complete the administration of the estate and anything else required of the personal representative(s). Then the personal representative(s) will be in a position to distribute your gift to you as long as it is not needed to pay for debts and expenses of the estate.

5. If you believe the personal representative is not complying with his or her duties, try to resolve the matter through discussion with the personal representative. If you are unable to resolve the matter, you or your lawyer may apply to the Court, in accordance with the Estate Administration Rules and it may provide a remedy if it is satisfied that the personal representative is not complying with his or her duties. If you wish to contest or object to any aspect of this process, refer to the Estate Administration Rules for options.

6. You may contact: at:

. Phone: , for any further information you may need.

(The contact person may be either the personal representative(s) or the lawyer)

Personal Representative

Name: Date:

Address: Form 17 (Subparagraphs 14(1)(b)(ii) and 14(2)(b)(i) and subrule 31(1))

AFFIDAVIT TO DISPENSE WITH BOND

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT TO DISPENSE WITH BOND

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation) Applicant(s)

1. The applicant is entitled to apply for a grant because the applicant is (Choose one of the following:) [ ] the personal representative(s) named in the deceased’s last will . [ ] the person(s) with priority to apply for a grant of administration .

2. The applicant(s) are fully familiar with the deceased’s affairs because they are related to the deceased as:

. (State the relationship to deceased)

Debts

3. The applicant(s) have made a complete investigation of the deceased’s affairs. To the best of our knowledge, Form 13 - Schedule 5 - Value of Estate in Northwest Territories shows all the debts for which the deceased may be liable in the Northwest Territories and in any other jurisdiction.

4. The property of the estate is sufficient to pay all the debts shown in Form 13 - Schedule 5 - Value of Estate in Northwest Territories and all the debts have been or will be paid before the distribution of the estate.

Special matters

5.

(Refer to any matters needing special mention, explanation or direction or show "None")

6. And therefore the applicant(s) request that this Court grant

) (Community) )

) in the Northwest Territories, on this day ) of , 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

( Commissioner’s stamp or printed name)

My Commission expires .

If this affidavit is sworn within the Northwest Territories, it must Territories or other person authorized under section 65 of the Evidence

If this affidavit is sworn outside the Northwest Territories, it must 67 of the Evidence Act. Form 18 (Subparagraphs 14(1)(b)(iii) and 14(2)(b)(ii) and 27(1)(b)(i))

NOTICE TO SPOUSE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE TO SPOUSE

DETAILS

1. Enclosed with this notice is a copy of the application for a grant of:

2. You may have a claim under the Family Law Act on the property in the estate. This must be dealt with before the estate can be finally distributed.

3. There are some time requirements that must be met. You must begin any application within six months after the date the Court issues the grant of probate or administration. There are other time limits in the Act which may mean that in your case you have less than six months in which to act, after that, the personal representative may distribute the property.

4. If you want to take this further, you should consult your own lawyer immediately.

Personal Representative

Name: Date:

Address:

(An acknowledgement is not necessary under the Rules. Delete the acknowledgement paragraph if not obtained)

I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE APPLICATION FOR A GRANT OF

IN THE ESTATE OF .

Spouse: Date: Form 19 (Subparagraphs 14(1)(b)(iv) and 14(2)(b)(iii) and paragraph 27(1)(b)(ii))

NOTICE TO DEPENDANT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE TO DEPENDANT

DETAILS

1. Enclosed with this notice is a copy of the application for a grant of .

2. The Dependants Relief Act allows a dependant to apply to the Court to receive maintenance and support from the estate. The Court can change the distribution of the estate and give you more or all of the estate if the Court decides the circumstances warrant it.

3. You are (Check one only) [ ] the surviving spouse of the deceased; [ ] a child of the deceased who is under 19 years of age at the time of the death of the deceased; [ ] the child of the deceased who is 19 years of age or older at the time of the death of the deceased and unable by reason of mental or physical disability to earn a livelihood; [ ] a person who cohabited with the deceased for one year immediately before the time of the death of the deceased and was dependent on the deceased for maintenance and support; [ ] a person who at the time of the death of the deceased was cohabiting with the deceased and between whom one or more children were born; [ ] a person who at the time of the death of the deceased was acting as a parent of the children of the deceased in the same household and who was dependent on the deceased for maintenance and support.

4. There are some time requirements which must be met before the court can hear any application. You should begin your application within six months after the date the Court issues the grant of probate or administration. After that, the personal representative may distribute the estate property and you may only apply if the Court lets you. You may then only ask for some or all of the property in the estate that is still undistributed at that time.

5. If you want to take this further, you should consult your own lawyer immediately.

Please read the enclosed documents carefully so that you may understand what this application is about. is not necessary under the Rules. Delete the acknowledgement

RECEIPT OF THIS NOTICE AND OF

IN THE ESTATE

Date: Form 20 (Subparagraph 14(1)(b)(v) and paragraph 34(1)(a))

RENUNCIATION OF PROBATE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

RENUNCIATION OF PROBATE

1. The deceased signed a will in which I am appointed personal representative.

2. I renounce all my right and title to a grant of probate of the deceased’s will.

3. I have not engaged in any dealings in respect of the deceased’s estate.

Personal Representative

(Signature) (Date)

Personal Representative

(Name) (Date)

Note : This document requires a Form 68 - Affidavit of Execution. Form 21 (Subparagraphs 14(1)(b)(vi) and 34(2)(a)(i))

RENUNCIATION OF ADMINISTRATION WITH WILL ANNEXED

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

RENUNCIATION OF ADMINISTRATION WITH WILL ANNEXED

1. The deceased signed a will in which is appointed personal representative.

2. has renounced all right and title to a grant of probate of the deceased’s will.

3. I am entitled to apply for a grant of administration with will annexed under the Estate Administration Rules because I am the deceased’s . (State relationship to deceased)

4. I renounce all my right and title to administration with will annexed of the deceased’s property.

Renouncer:

(Signature) (Date)

Note : This document requires a Form 68 - Affidavit of Execution. Form 22 (Subparagraphs 14(1)(b)(vii) and 14(2)(b)(iv) and 27(1)(b)(iii) and paragraph 28(1)(a))

NOTICE TO PUBLIC TRUSTEE OF APPLICATION FOR GRANT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE TO PUBLIC TRUSTEE OF APPLICATION FOR GRANT

Use this form to give notice to the Public Trustee. The Public Trustee must be given notice of the application when required by sections 4 and 5 of the Public Trustee Act.

DETAILS

1. Notice is given to you of [ ] a child who was a minor at the date of death of the deceased (and who is a beneficiary interested in the estate)

Name: __________________________ Date of Birth: __________________________ Address: __________________________

[ ] a person who has been declared to be a missing person by an Order of the Court (and who is a beneficiary interested in the estate)

Name: __________________________ Address: __________________________

[ ] a dependant for whose estate you are trustee

Name: __________________________ Address: __________________________

Personal Representative

Name: Date:

Address: Form 23 (Subparagraphs 14(1)(b)(viii) and 14(2)(b)(v) and rule 29)

AFFIDAVIT RESPECTING MISSING OR UNKNOWN BENEFICIARIES

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT RESPECTING MISSING OR UNKNOWN BENEFICIARIES

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

Applicant

1. The applicant is entitled to apply for a grant because the applicant is (Choose one of the following:) [ ] the personal representative named in the deceased’s last will . [ ] the person with priority to apply for a grant of administration .

2. The applicant has applied for a grant of .

3. The applicant cannot fully complete Form 12 - Schedule 4 - Beneficiaries and cannot provide a complete set of notices to beneficiaries.

Unknown beneficiaries

4. The following beneficiaries are unknown to the applicant(s): (a) ; (b) . (Show N/A if paragraph is not applicable)

Missing beneficiaries

5. These beneficiaries cannot yet be located: (a) ; (b) . (Show N/A if paragraph is not applicable) Enquiries

(Paragraph 6 may become several sub-paragraphs depending on the circumstances of the estate)

6. The applicant has made the following enquiries to ascertain and find the beneficiaries: (a) ; (b) .

Undertakings

7. The applicant undertakes (a) to advise the court as soon as he or she has ascertained or found the beneficiaries or that he or she has been unable to do either; (b) to provide the Clerk with the notices to beneficiaries if found; and (c) to advise the Public Trustee if not found.

8. The applicant believes that it is in the best interest of the estate to begin its administration immediately.

Relief Being Sought

9. That this Court grant the application for a grant of without Form 12 - Schedule 4 - Beneficiaries being fully completed and without sending all the notices to beneficiaries.

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Applicant)

, 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 24 (Subparagraph 14(1)(b)(ix) and paragraph 15(a))

NOTICE OF VOID GIFT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE OF VOID GIFT

DETAILS

1. You are named as a beneficiary in the last will of . The personal representative named in the will has applied for a grant of probate or administration with will annexed, as applicable.

Choose one:

[ ] Void residuary gift

Enclosed with this notice is a copy of the application for grant of probate or administration with will annexed, as applicable. This includes a copy of the will and a list of the estate property and debts. The will states that you are to receive part of the residue of the estate.

[ ] Void specific gift

2. The will states that you are to receive (specify gift):

3. The gift made to you is void because (check one): [ ] you are a witness to the will. [ ] at the time the will was made you were the spouse of a witness to the will.

4. When the Court issues the grant, the personal representative will collect the estate property, pay the debts, complete the administration of the estate and anything else required of the personal representative. Then the personal representative will be in a position to distribute the estate.

5. You may make an application to the Court to validate the gift made to you.

6. There are some time requirements that must be met. You must begin any application within six months after the date the Court issues the grant of probate or administration with will annexed, as applicable.

7. If you want to take this further, you must consult your own lawyer immediately. for Personal Representative

Lawyer:

Name: Form 25

IN THE SUPREME COURT OF THE

IN THE MATTER of the Estate of ___________________________ the Northwest Territories, deceased.

RENUNCIATION OF ADMINISTRATION

1. The deceased died intestate.

2. I am entitled to apply for a grant of administration under deceased’s (State relationship to the deceased)

3. I renounce all my right and title to a grant of administration

Renouncer:

(Signature)

Note : This document requires a Form 68 - Affidavit of Execution. Form 26 (Subparagraph 14(2)(b)(vii) and rule 35)

NOMINATION AND CONSENT TO APPOINTMENT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOMINATION AND CONSENT TO APPOINTMENT

Choose one of the following versions of items 1 and 2:

1. The deceased, ________________________________, signed a will in which , is appointed personal representative.

2. has renounced all right and title to a grant of probate of the deceased’s will.

- OR -

1. The deceased, ______________________________, died intestate.

2. I am entitled to apply for a grant of administration under the Estate Administration Rules because I am the deceased’s . (State relationship to deceased)

3. I have an interest in the administration of the deceased’s estate because I am a of the estate.

Choose one of the following versions of item 4:

4. I nominate to apply for a grant of administration with will annexed of the deceased’s property and consent to such an appointment.

- OR -

I nominate to apply for a grant of administration of the deceased’s property and consent to such an appointment.

Signature:

Date: (Name)

Witness to signature of:

Date: (Name) Form 27 (Subparagraphs 14(2)(b)(viii) and 27(1)(a)(iii))

NOTICE TO BENEFICIARIES (INTESTACY)

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE TO BENEFICIARIES (INTESTACY)

TO: (Insert name and address of person to be served)

DETAILS

1. died without leaving a will. In this circumstance, the Intestate Succession Act governs which relatives of the deceased inherit the estate.

2. You are one of these relatives, or beneficiary (intestacy), and you will receive .

Description of gift to beneficiary

3. has applied for a grant of administration.

4. Enclosed with this notice is a copy of the application for a grant of administration. This includes a list of the estate property and debts.

5. Once the court issues the grant, the personal representative will collect in the property, pay the debts, and complete the administration of the estate and anything else required of the personal representative. Then he or she will be in a position to account to you before distributing any estate left after payment of all debts and expenses.

6. By issuing the grant, the Court is not approving the figures submitted in the application for a grant of administration. It is the responsibility of the beneficiary(ies) to supervise the actions of the personal representative.

7. You may contact: at:

Phone: , for any further information you may need.

Personal Representative

Name: Date:

Address:

Please read the enclosed documents carefully so that you may understand what this application is about. The contact person may be either the personal representative or the lawyer. Modify this notice as appropriate if the deceased died partially testate and partially intestate. Form 28 (Paragraph 14(3)(a))

APPLICATION BY ATTORNEY OR PERSONAL REPRESENTATIVE(S) FOR A GRANT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

APPLICATION BY ATTORNEY OR PERSONAL REPRESENTATIVE(S) FOR A GRANT

1. This is an application for a grant of: (Choose one of the following) [ ] Administration [ ] Administration with will annexed [ ] Administration of unadministered property [ ] Administration until will found [ ] Administration for preservation of property [ ] Administration for the purpose of litigation [ ] Administration when the validity of will is in question [ ] Administration during the minority, absence or mental incapacity of personal representative(s) [ ] Administration limited to [ ] Supplemental probate or administration

2. The following applies in respect of a bond: (Choose one of the following) [ ] Not required [ ] Obtained [ ] Request to dispense

3. The following notices are required: (Choose all that apply) [ ] Form 14 - Notice to beneficiaries (residuary) [ ] Form 16 - Notice to beneficiaries (non residuary) [ ] Form 18 - Notice to spouse of deceased for rights or claims under the Family Law Act [ ] Form 19 - Notice to dependant for rights or claims under the Dependants Relief Act [ ] Form 27 - Notice to beneficiaries (intestacy)

4. Has a copy of the Application been served on the Public Trustee? (Choose one of the following) [ ] Yes [ ] No

Public Trustee must receive copy of Application if minors or missing persons are involved in the estate. See the Public Trustee Act.

Applicant:

Date: (Applicant’s signature) (Print name below)

ORDER

BEFORE THE HONOURABLE )

)

) ) on this

UPON THE APPLICATION OF of , 20 , and upon hearing and , counsel for

THE COURT HAS:

Reviewed the application, and other documents filed in this

Heard representations from the parties or counsel for the

Considered the application;

AND THE COURT ORDERS:

1. The grant as applied for is issued.

ENTERED on this day of , 20 . Form 29 (Paragraph 14(3)(b))

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR GRANT

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

Applicant(s)

1. The applicant is the attorney for , who are entitled to apply for a grant because he or she is .

2. The personal representative appointed the applicant as agent for the purpose of this application on

.

Schedules Attached

3. The following forms are part of this affidavit: [ ] Form 8 - Schedule 1- Deceased [ ] Form 9 - Schedule 2 - Will (do not tick if for grant of administration) [ ] Form 11 - Schedule 3 - Personal representative(s) [ ] Form 12 - Schedule 4 - Beneficiaries [ ] Form 13 - Schedule 5 - Value of Estate in Northwest Territories (Mark each document as an exhibit in accordance with rule 17 of these Rules and rules 377 and 378 of the Supreme Court Rules)

Documents Attached

4. The following documents are part of this affidavit: (check all that apply) [ ] Power of attorney from [ ] Original will of the deceased [ ] Form 10 - Affidavit of Witness to Will (Mark each document as an exhibit in accordance with rule 17 of these Rules and rules 377 and 378 of the Supreme Court Rules)

5. The schedules and documents that are part of this affidavit provide all the information required in this application by the Estate Administration Rules and have been prepared by me or by my lawyer on my behalf. Notices

6. The following notices are required: (Choose all that apply)

[ ] Form 16 - Notice to Beneficiaries (Non residuary) [ ] Form 18 - Notice to Spouse of deceased for rights or claims under the Family Law Act [ ] Form 19 - Notice to Dependant for rights or claims under the Dependants Relief Act [ ] Form 22 - Notice to Public Trustee of Application for Grant [ ] Form 27 - Notice to Beneficiaries (Intestacy)

(Include the following, if applicable. Delete if not applicable.)

7. The attorney for the personal representative(s) will not make a distribution to a trustee of any property that is subject to a trust under the will until after a Form 30 - Acknowledgment of Trustees signed by the trustee(s) has been filed.

8. The attorney for the personal representative(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of the attorney’s administration to the persons entitled to it when lawfully required.

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Applicant)

, 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 30 (Paragraphs 14(3)(c), 14(4)(c) and 14(5)(c))

ACKNOWLEDGEMENT OF TRUSTEES

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

ACKNOWLEDGEMENT OF TRUSTEE(S)

1. The deceased, , signed a will dated in which I am appointed trustee of the following trusts:

Name of Beneficiary Age Address Paragraph Number of Will

- OR -

1. The deceased, , signed a will dated in which the deceased authorized to appoint a trustee. I have been appointed by to be the trustee of the following trusts:

Name of Beneficiary Age Address Paragraph Number of Will

2. I acknowledge that as trustee (a) I must use the funds in the trust only in accordance with the terms of that trust; (b) I cannot borrow or take a benefit from the trust property unless the will expressly allows me to do so; (c) I must keep adequate records of my administration of the trust property; and (d) I must keep the trust property separate from any other property.

3. I will faithfully administer the trust according to law and will give a true accounting of my administration of the trust to the persons entitle to it when lawfully required. (Signature)

: This document requires a Form 68 - Affidavit of Execution. Form 31 (Paragraph 14(4)(a) and subparagraph 36(1)(a)(i))

APPLICATION FOR GRANT OF DOUBLE PROBATE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

APPLICATION FOR GRANT OF DOUBLE PROBATE

1. This is an application for a grant of double probate.

2. The following applies in respect of a bond: (Choose one of the following) [ ] Not required [ ] Obtained [ ] Request to dispense

3. The following notices are required: (Choose all that apply) [ ] Form 14 - Notice to Beneficiaries (Residuary) [ ] Form 16 - Notice to Beneficiaries (Non residuary) [ ] Form 18 - Notice to Spouse of deceased for rights or claims under the Family Law Act [ ] Form 19 - Notice to Dependant for rights or claims under the Dependants Relief Act [ ] Form 27 - Notice to Beneficiaries (Intestacy)

4. Has a copy of the Application been filed with the Public Trustee? (Choose one of the following) [ ] Yes [ ] No

(Public Trustee must receive copy of Application if minors or missing persons are involved in the estate. See the Public Trustee Act.)

Applicant:

Date: (Applicant’s signature) (Print name below)

ORDER

BEFORE THE HONOURABLE )

)

) ) on this

UPON THE APPLICATION OF of , 20 , and upon hearing and , counsel for

THE COURT HAS:

Reviewed the application, and other documents filed in this

Heard representations from the parties or counsel for the

Considered the application;

AND THE COURT ORDERS:

1. The grant as applied for is issued.

ENTERED on this day of , 20 . Form 32 (Paragraphs 14(4)(b) and subparagraph 36(1)(b)(ii))

AFFIDAVIT IN SUPPORT OF APPLICATION FOR GRANT OF DOUBLE PROBATE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR GRANT OF DOUBLE PROBATE

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation) Applicant(s)

1. The applicant is one of the personal representative(s) named in the deceased’s last will.

2. The other personal representative(s) named in the will previously applied for and were granted a grant of probate issued by this Court on . Power was reserved at that time to allow the other personal representative(s) named in the will to make a subsequent application.

Schedules Attached

3. The following forms are part of this affidavit: [ ] Form 8 - Schedule 1- Deceased [ ] Form 9 - Schedule 2 - Will (do not tick if for grant of administration) [ ] Form 11 - Schedule 3 - Personal Representative [ ] Form 12 - Schedule 4 - Beneficiaries [ ] Form 13 - Schedule 5 - Value of Estate in Northwest Territories (Mark each document as an exhibit in accordance with rule 17 of these Rules and rules 377 and 378 of the Supreme Court Rules)

Documents Attached

4. The following documents were part of the affidavit of , which was previously filed in that application for probate: (Check all that apply) [ ] Power of attorney from [ ] Original will of the deceased [ ] Form 10 - Affidavit of Witness to Will (Mark each document as an exhibit in accordance with rule 17 of these Rules and rules 377 and 378 of the Supreme Court Rules)

5. The schedules and documents that are part of the affidavit of provide all the information required in this application by the Estate Administration Rules and have been prepared by me or by my lawyer on my behalf. Notices

6. The following notices were served as required and in the manner prescribed by the Estate Administration Rules by when the previous application was filed. (Check all that apply) [ ] Form 14 - Notice to Beneficiaries (Residuary) [ ] Form 16 - Notice to Beneficiaries (Non residuary) [ ] Form 18 - Notice to Spouse of deceased for rights or claims under the Family Law Act [ ] Form 19 - Notice to Dependant for rights or claims under the Dependants Relief Act [ ] Form 22 - Notice to Public Trustee of Application for Grant [ ] Form 27 - Notice to Beneficiaries (Intestacy)

(Include the following, if applicable. Delete if not applicable.)

7. The personal representative(s) will not make a distribution to a trustee of any property that is subject to a trust under the will until after a Form 30 - Acknowledgement of Trustees signed by the trustee(s) has been filed.

8. The personal representative(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of the attorney’s administration to the persons entitled to it when lawfully required.

9. This application for double probate is now made because:

.

10. The grant issued to is now surrendered to this Court.

- OR -

The grant issued to is not surrendered to this Court because:

.

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Applicant)

, 20 .

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: This affidavit must be sworn, sworn or made before a person authorized under section 67 of the Evidence Act and must comply with the requirements of that Act. Form 33 (Paragraph 14(5)(a))

APPLICATION FOR GRANT TO RESEAL PROBATE, RESEAL ADMINISTRATION OR FOR

ANCILLARY GRANT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

APPLICATION FOR GRANT TO RESEAL PROBATE, RESEAL ADMINISTRATION OR FOR

ANCILLARY GRANT

1. This is an application for a grant of: (Choose one of the following) [ ] Resealed probate [ ] Resealed administration [ ] Ancillary grant

2. Original jurisdiction:

3. The following applies in respect of a bond: (Choose one of the following) [ ] Not required [ ] Obtained [ ] Request to dispense

4. The following notices are required: (Choose all that apply) [ ] Form 14 - Notice to Beneficiaries (Residuary) [ ] Form 16 - Notice to Beneficiaries (Non-residuary) [ ] Form 18 - Notice to Spouse of deceased for rights or claims under the Family Law Act [ ] Form 19 - Notice to Dependant for rights or claims under the Dependants Relief Act [ ] Form 27 - Notice to Beneficiaries (Intestacy)

5. Has a copy of the Application been filed with the Public Trustee? (Choose one of the following) [ ] Yes [ ] No

(Public Trustee must receive copy of Application if minors or missing persons are involved in the estate. See the Public Trustee Act)

Applicant:

(Signature) (Date)

(Print name)

ORDER

THE HONOURABLE )

)

) ) on this

UPON THE APPLICATION OF day of , 20 , and upon hearing and , counsel

COURT HAS:

Reviewed the application, and other documents filed in this

Heard representations from the parties or counsel for the

Considered the application;

THE COURT ORDERS:

The grant as applied for is issued.

on this day of , 20 . Form 34 (Paragraph 14(5)(b))

AFFIDAVIT IN SUPPORT OF APPLICATION FOR GRANT TO RESEAL PROBATE, RESEAL

ADMINISTRATION OR FOR ANCILLARY GRANT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR GRANT TO RESEAL PROBATE, RESEAL

ADMINISTRATION OR FOR ANCILLARY GRANT

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation) Applicant(s)

1. The applicants are entitled to apply for a grant because the applicants are: (Choose one of the following) [ ] the personal representative(s) named in the deceased’s last will [ ] the person(s) with priority to apply for a grant of administration [ ] the Public Trustee [ ] the executor has renounced his or her right to probate (other person with equal or prior right to apply must be cleared off) Schedules Attached

2. The following forms are part of this affidavit: (Choose all that apply) [ ] Form 8 - Schedule 1- Deceased [ ] Form 9 - Schedule 2 - Will (do not tick if for grant of administration; add another Form 9 Schedule 2 - Will if a codicil) [ ] Form 11 - Schedule 3 - Personal Representatives [ ] Form 12 - Schedule 4 - Beneficiaries [ ] Form 13 - Schedule 5 - Value of Estate in Northwest Territories (Mark each document as an exhibit in accordance with rule 17 of these Rules and rule 377 and 378 of the Supreme Court Rules)

Documents Attached

3. The following documents are attached to this affidavit: (Check all that apply)

[ ] Certified copy of probate/administration issued by the of [ ] Certificate of the ________________ of ________________ that grant is unrevoked and fully effective [ ] Form 17 - Affidavit to Dispense with Bond [ ] Other (Mark each document as an exhibit in accordance with rule 17 of these Rules and rule 377 and 378 of the Supreme Court Rules)

4. The schedules and documents that are part of this affidavit provide all the information required in this application by the Estate Administration Rules and have been prepared by me or by my lawyer on my behalf.

Notices

5. The applicant(s) have served the following notices as required and in the manner prescribed by the Estate Administration Rules: (check all that apply)

[ ] Form 16 - Notice to Beneficiaries (Non-residuary) [ ] Form 18 - Notice to Spouse of deceased for rights or claims under the Family Law Act [ ] Form 19 - Notice to Dependant for rights or claims under the Dependants Relief Act [ ] Form 27 - Notice to Beneficiaries (Intestacy)

Original Grant

6. The ________________ of ________________ issued a grant of ________________ to the personal representative(s) on ________________ which grant is unrevoked and of full force and effect. (Name Court, Court’s jurisdiction and date of issue)

7. The personal representative(s) will not make a distribution to a trustee of any property that is subject to a trust under the will until after a Form 30 - Acknowledgement of Trustees signed by the trustee(s) has been filed.

8. The applicant(s) ask this Court to do the following with respect to the deceased’s property: (choose one) [ ] Reseal the original grant [ ] Issue an ancillary grant

9. The personal representative(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of their administration to the persons entitled to it when lawfully required.

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Applicant)

, 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 35 (Paragraph 17(4)(b))

AFFIDAVIT OF HANDWRITING OF DECEASED

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT OF HANDWRITING OF DECEASED

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

1. I knew the deceased, ________________________ , well and for ________________________ years before the deceased died. I frequently saw the deceased write and sign documents and I am very familiar with the deceased’s handwriting and signature.

2. I have carefully examined the document dated ________________________ which purports to be the deceased’s last will and which is marked as Exhibit A to this affidavit.

Choose one of the following versions of paragraph 3 as appropriate if the will is not wholly in the deceased’s handwriting.

3. I believe the whole of the will including the signature is in the deceased’s handwriting.

- OR -

I believe that the signature appearing on page ______ of the Will is that of the deceased.

SWORN BEFORE ME at

) (Community) ) in the Northwest Territories, on this day of ) , 20 . ) (Signature of Applicant)

(Signature of Commissioner for Oaths)

My Commission expires .

Note: If this affidavit is being used for codicil, attach the affidavit and explain if it is a first codicil, second codicil, etc.

If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 36 (Subrule 14(7))

RESEALING OF GRANT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

RESEALING OF GRANT

The attached to this certificate has been resealed by the (Describe grant) Supreme Court of the Northwest Territories on the day of , 20 .

Sealed by the Supreme Court of the Northwest Territories on day of , 20 , pursuant to the fiat of M Justice .

ENTERED this day of , 20 . Clerk Form 37 (Rule 19)

AFFIDAVIT OF VERIFICATION FOR TRANSLATED WILL

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT OF VERIFICATION FOR TRANSLATED WILL

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

1. I can read, write, and speak English and ________________________ fluently and I am competent to translate documents from either language to the other.

2. I have carefully examined the document dated ________________________ which purports to be the deceased’s last will and which is marked Exhibit A to this affidavit. It is written in the ________________________ language.

3. Exhibit B to this affidavit is my translation of the will into ______________________________ and it is accurate. (Select either English or French).

SWORN BEFORE ME at

) (Community) ) in the Northwest Territories, on this day of ) , 20 . ) (Signature of Applicant)

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is being used for codicil, make the appropriate alterations in the text of the affidavit and alter the exhibit to show whether it is a first codicil, second codicil, etc.

If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 38 (Subrule 28(2))

MEMORANDUM FROM PUBLIC TRUSTEE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

MEMORANDUM FROM THE PUBLIC TRUSTEE

From: The Office of the Public Trustee

To: The Supreme Court of the Northwest Territories and the personal representative

1. The Public Trustee [ ] does not intend to be represented on this application. [ ] intends to be represented on this application.

2. The Public Trustee confirms the following: [ ] Any property to which a minor is entitled from the estate must be delivered to the Public Trustee. [ ] Clause __________________________ of the will appoints __________________________ as trustee of money or property to which the minor(s) __________________________ is (are) entitled under the will. The will does not appoint the Public Trustee to monitor on behalf of the minor(s). Accordingly, the Public Trustee will not monitor the trustee on behalf of the minor(s) unless the Court directs the Public Trustee to monitor under section 23 of the Public Trustee Act. [ ] Clause __________________________ of the will appoints __________________________ as trustee of money or property to which the minor(s) __________________________ is (are) entitled under the will and clause __________________________ appoints the Public Trustee to monitor on behalf of the minor(s). Accordingly, the Public Trustee will monitor the trustee on behalf of the minor(s). [ ] The Public Trustee reserves the right to apply, under section 3 of the Public Trustee Act or any other enactment, on behalf of __________________________ .

ENTERED on this day of , 20 . Public Trustee Form 39 (Subrule 31(2))

CONSENT TO WAIVE BOND

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

CONSENT TO WAIVE BOND

Choose one of the following versions of paragraphs 1 and 2:

1. The deceased, _____________________________________________ , died testate.

2. , who resides outside the Northwest Territories, is appointed personal representative in the deceased’s will and is applying for a grant of probate.

- OR -

1. The deceased, _____________________________________________, died intestate.

2. , who resides outside the Northwest Territories, is applying for a grant of administration.

3. I have an interest in the administration of the deceased’s estate because I am .

4. I understand that a bond is required because the applicant(s) reside outside the Northwest Territories. Nevertheless, I consent to an order of the court dispensing with any bond so required.

Applicant

(Signature) (Date)

Note : This document requires a Form 68 - Affidavit of Execution. Form 40 (Paragraphs 36(1)(a) and (b))

RESERVATION OF RIGHT TO APPLY FOR GRANT OF PROBATE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

RESERVATION OF RIGHT TO APPLY FOR GRANT OF PROBATE

1. The deceased, , signed a will in which I am appointed one of the personal representatives.

2. I wish the administration of the deceased’s estate to proceed expeditiously but I am unable at this time to administer the deceased’s estate because:

.

3. I expect to be able to undertake the duties of personal representative in the future and therefore I reserve my right to apply for a grant of double probate.

4. I consent to the issuance of a grant of probate, subject to my reservation, to (a) ; (b) . (Name(s) of other personal representative(s))

Personal Representative

(Signature) (Date)

Note : This document requires a Form 68 - Affidavit of Execution. Form 41 (Subrule 40(1))

NOTICE TO CREDITORS AND CLAIMANTS

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE TO CREDITORS AND CLAIMANTS

DETAILS

1. Estate of who died on .

2. If you have a claim against this estate, you must file and provide details of your claim by:

(Date to be completed by newspaper - must be 30 days from date of last publication of notice) with (Name of person with whom claim must be filed - may be personal representative(s) or lawyer) at (Complete address where claim must be filed)

3. If you do not file by the date above, the estate property can lawfully be distributed without regard to any claim you may have.

4. You may contact: at:

Phone: , for any further information you may need.

Personal Representative

Name: Date:

Address:

Modify this notice as appropriate if the deceased died partially testate and partially intestate. Form 42 (Subrule 42(1))

STATUTORY DECLARATION BY CREDITORS AND CLAIMANTS

STATUTORY DECLARATION BY CREDITORS AND CLAIMANTS

I, , of the , in the Northwest Territories, do solemnly declare the following:

1. I make this claim as a ;

2. The amount claimed against the estate is $ ;

3. This claim is based on: (a) ; (b) .

Include items 4 to 7 only if the declarant is a creditor.

4. The creditor holds the following security for this debt: (a) ; (b) ;

5. The security is owned by ;

6. I value the security at $ ;

7. The deceased is liable for this claim;

and I make this solemn declaration conscientiously it to be the true and knowing that it is of the same force and effect as if made under oath.

DECLARED BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Applicant)

, 20 .

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 43 (Subrule 42(2) and paragraph 55(a))

GENERAL APPLICATION

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

GENERAL APPLICATION

TAKE NOTICE that an application will be made to the presiding judge in Chambers at in , Northwest Territories, on day, , (Address or name of building) (Community) 20 , at a.m. (or p.m). or so soon after that time as counsel may be heard on behalf of ______________________ for an order that . (state the relief sought, the rule or enactment relied on and the grounds for the relief)

AND FURTHER TAKE NOTICE that in support of this application will be read

. (set out all affidavits and materials to be used)

DATED at , Northwest Territories, on , 20 . (Community)

(Signature of solicitor or party) TO: (Insert name and address of person to be served)

PARTIES

Names and relationships to estate.

Applicant(s) ________________________________________________

Respondent(s) ________________________________________________

Beneficiaries (residuary) ________________________________________________

Life tenants ________________________________________________

Beneficiaries (non residuary) ________________________________________________

Beneficiaries (intestacy) ________________________________________________

Trustees for represented adults ________________________________________________

Attorney(s) for incompetent adults ________________________________________________

Minors ________________________________________________

Missing persons ________________________________________________

Unpaid claimants ________________________________________________

Bonding companies _______________________________________________ Issues to be determined or nature of claims

1. The issue or nature of claims to be determined is (You may choose from the following or state the nature of your application: (a) for advice and direction; (b) to interpret a will; (c) to discharge a caveat; (d) to determine beneficial entitlement; (e) to approve sale of property; (f) to restrain dealings; (g) to proceed on bond; (h) to decide a contested claim; (i) for maintenance and support; (j) with regard to matrimonial property; (k) with regard to minors’ property; (l) to discharge trustees; (m) to appoint trustees; (n) to fix trustees’ compensation; (o) to vary a trust.)

Grounds for request and relief sought

2.

Documents filed with this application

3. The following documents are filed with this application: (a) Form 44 - Affidavit in Support of General (b)

Applicable provisions of the Estate Administration Rules

4. The following provisions are relied upon: (a)

Applicable statutes

5. The following provisions are relied upon: (a)

6. You may contact: at:

Phone:

Please read the enclosed documents carefully so that you may

Applicant(s) or Lawyer(s) for the Applicant(s)

(Applicant’s signature) (Print name below) Form 44 (Subrule 42(2) and paragraph 55(b))

AFFIDAVIT IN SUPPORT OF GENERAL APPLICATION

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF GENERAL APPLICATION

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

1. I am the in this application. (Applicant or respondent)

2. I am interested in the estate because: .

3. The facts on which this application is are as follows: (Based or opposed) (Complete the rest of the affidavit with the facts required to establish the remedy sought. This paragraph may become as long as necessary) (a) ; (b) . (If any documents are attached as exhibits, label each with a letter starting from "B" and indicate them in the text of your affidavit (e.g. "Exhibit B ..."))

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Applicant)

, 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 45 (Rule 51)

CERTIFICATE OF VALID GRANT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

CERTIFICATE OF VALID GRANT

1. The personal representative(s) are: (a) ; (b) .

2. The following type of grant was issued: on the day of , 20 .

3. The date of death was .

I certify that the grant described in this certificate is valid and unrevoked.

Date: (Clerk) Form 46 (Subrule 67(1))

CAVEAT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

CAVEAT To: Clerk

Let nothing be done in this estate without notice to the Caveators or to the lawyer for the Caveators.

Caveator(s)

1. The Caveator(s):

(Name(s))

(Address(es))

(Occupation(s))

2. The Caveator(s) are interested in this estate and are entitled to file a caveat because they are

.

Grounds for filing this Caveat

3. The grounds on which the Caveator(s) have filed this Caveat are:

(This paragraph contains the crucial information that will determine the validity and effectiveness of the caveat. Make it as comprehensive as possible.)

Complete address for service

4. The address for service on the Caveator(s) is:

Caveator (or lawyer for Caveator):

Date: (Name)

AFFIDAVIT OF CAVEATOR

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

1. The statements in this Caveat are within my knowledge and are true.

2. This Caveat is not filed for the purpose of delaying or embarrassing any person interested in the deceased’s estate.

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day ) (Signature of Applicant) of , 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: This affidavit must be sworn, sworn or made before a person authorized under section 67 of the Evidence Act, and must comply with the requirements of that Act.

The information in this box is completed by the Clerk at the time the document is filed and before it is served.

THIS CAVEAT EXPIRES ON

Date: (Clerk) Form 47 (Rule 68)

WARNING TO CAVEATOR

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

WARNING TO CAVEATOR

To: (Name(s) of caveator(s))

(Address(es))

You filed a caveat which requires that notice must be given to you of any application that might be made in this estate.

The following applications have been made: (a) grant of ; (b) .

BE WARNED

If you want to contest this application, you must file a notice of objection to an informal grant on the enclosed Form 48 - Notice of Objection.

You must state that: (a) you object to this application; and (b) the nature of your objection.

THERE IS A DEADLINE FOR FILING YOUR NOTICE OF OBJECTION

If you do not file your notice of objection by the deadline, the court will: (a) deal with the application for an informal grant without any further notice to you; and (b) assume that you consent to the application.

Your notice of objection must be filed with the Clerk within 10 days of the date this warning is served on you.

Personal Representative

Name: Date:

Address: for Personal Representative

Lawyer:

Name: Form 48 (Subrule 69(1), paragraph 73(1)(b), subrule 76(1) and rule 78)

NOTICE OF OBJECTION

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE OF OBJECTION

Fill in your name and the other information:

(Name)

(Address)

(Relationship to deceased)

(Interest in estate)

1. I object to any application by that . (Choose one of the following:) [ ] a will of the deceased dated be informally admitted to probate; [ ] a grant of administration be informally issued.

2. I request an interim order that . (You may choose any of the following or describe the order sought:) [ ] no informal probate of the will be issued and the will must be formally proved; [ ] the informal probate of the will dated already issued be set aside and the will must be formally proved; [ ] are restrained from exercising any powers of office; [ ] the court appoints as the personal representative(s) pending litigation; [ ] establish their right to priority to apply for grant.

3. In the proceedings, I will seek a final order that:

(You may choose any of the following or describe the order sought:) [ ] the will dated is invalid and a previous will dated is formally proved; [ ] the will dated is invalid and the deceased died intestate; [ ] are appointed personal representative(s) and not , the personal representatives named in the will; [ ] death has not been proved; [ ] has not complied with the priority to apply for a grant. for this request is: choose any of the following or give the reason:) [ ] the will lacks lawful execution; [ ] the deceased lacked testamentary capacity [ ] the deceased was unduly influenced or under [ ] the will was obtained by fraud; [ ] the will has been revoked; [ ] the original will is lost or destroyed; [ ] death has not been proved;

[ ] of Estate Administration Rule

address for service of any documents in this

of objection is sent to: (List name(s) and complete address(es)of

Date: (Name) Form 49 (Subaragraph 73(1)(a)(i))

APPLICATION FOR FORMAL PROOF OF WILL

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

APPLICATION FOR FORMAL PROOF OF WILL

1. The personal representative(s) named in a will of the deceased dated are: (Name(s) of personal representative(s):)

2. The personal representative(s) request that the Court (a) formally admits this will to probate as the valid last will of the deceased; and (b) issues a grant of probate of this will to the personal representatives named in the will.

3. The personal representative(s) make this request because the validity of the will is in issue.

4. The validity of the will has been attacked on the ground that:

(You may choose from the following or show the reason given: (a) the will is not the last will; (b) the will lacks lawful execution; (c) the deceased lacked testamentary capacity to execute the will; (d) the deceased was unduly influenced or under duress; (e) the will was obtained by fraud; (f) the will has been revoked; (g) the original will is lost or destroyed; (h) death has not been proved.)

Notices required

5. The following notices are required:

Delete irrelevant notices from or add relevant notices to this list, as appropriate; renumber sub-paragraphs. Paragraphs 5.1, 5.2, and 5.7 are always required. (a) to all the beneficiaries of the estate in this will; (b) to all the beneficiaries of the estate in previous wills; (c) to the spouse and other dependants of the deceased, as defined in the Family Law Act and Dependant’s Relief Act; (d) to the adult children of the deceased; (e) to the Public Trustee; (f) to the beneficiaries (intestacy); (g) to the personal representative(s) named in previous wills.

6. Notices are sent to:

(List name(s) and address(es) of all persons interested in the estate.)

Personal Representative

Name:

Address:

Lawyer for Personal Representative

Responsible Lawyer:

Firm Name:

Address: Form 50 (Subparagraph 73(1)(a)(ii))

AFFIDAVIT IN SUPPORT OF APPLICATION FOR FORMAL PROOF OF WILL

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR FORMAL PROOF OF WILL

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

Applicant(s)

1. The applicant(s) as shown in the Application are the personal representatives named in a will of the deceased dated

.

Formal proof of will proceedings

2. It is alleged that the will dated is invalid because:

Schedules Attached

3. The following forms are part of this affidavit: [ ] Form 8 - Schedule 1 - Deceased; [ ] Form 9 - Schedule 2 - Will; [ ] Form 11 - Schedule 3 - Personal representative(s); [ ] Form 12 - Schedule 4 - Beneficiaries; [ ] Form 13 - Schedule 5 - Inventory; [ ] Form 24 - Notice of void gift; [ ] Form 52 - Schedule 2.1 - Previous wills.

Delete Form 52 if inapplicable. Mark each document as an exhibit in accordance with rule 17 of these Rules and rule 377 and 378 of the Supreme Court Rules. Documents Attached

4. The following documents are part of this affidavit: (Add any further relevant documents to this list.) [ ] Original will(s) of the deceased dated ; [ ] Form 10 - Affidavit of witness to Will;

[ ] .

Notices

5. The applicant(s) have served the following notices as required:

Delete irrelevant documents from or add relevant documents to paragraph 5. [ ] Form 14 - Notice to Beneficiaries (Residuary); [ ] Form 16 - Notice to Beneficiaries (Non residuary); [ ] Form 18 - Notice to Spouse of deceased for rights or claims under the Family Law Act; [ ] Form 19 - Notice to Dependant for rights or claims under the Dependants Relief Act; [ ] Form 27 - Notice to Beneficiaries (Intestacy).

6. The applicant(s) believe that while the deceased was alive, the deceased kept the will dated in where it was found at the date of death.

7. After the deceased’s death, the applicant(s) obtained the will from and kept it in their or their lawyer’s possession until filed with the Court.

8. If this will is formally admitted to probate, the applicant(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of their administration to the persons entitled to it when lawfully required.

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day ) (Signature of Applicant) of , 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 51 (Subparagraph 73(1)(a)(iii))

NOTICE OF HEARING

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE OF HEARING

TAKE NOTICE that an application will be made to the presiding judge in Chambers at in , Northwest Territories, on day, , (Address or name of building) (Community) 20 , at a.m. (or p.m). or so soon after that time as counsel may be heard on behalf of ______________________ for an order that . (state the relief sought, the rule or enactment relied on and the grounds for the relief)

AND FURTHER TAKE NOTICE that in support of this application will be read

. (set out all affidavits and materials to be used)

DATED at , Northwest Territories, on , 20 . (Community)

(Signature of solicitor or party) TO: (Insert name and address of person to be served) Ensure a draft Form 4 - Order is attached.

PARTIES

Names and relationships to estate.

Applicant(s) ________________________________________________

Respondent(s) ________________________________________________

Beneficiaries (residuary) ________________________________________________

Life tenants ________________________________________________

Beneficiaries (non residuary) ________________________________________________

Beneficiaries (intestacy) ________________________________________________

Trustees for represented adults ________________________________________________

Attorney(s) for incompetent adults ________________________________________________

Minors ________________________________________________

Missing persons ________________________________________________

Unpaid claimants ________________________________________________

Bonding companies ________________________________________________

DETAILS

1. The personal representatives named in the deceased’s will, dated , have applied for formal proof of that will. This is necessary because the validity of the will has been attacked on the grounds that .

2. If the court finds this will to be valid, then the Court will admit the will to probate and the will’s provisions will govern the disposition of the estate property that is dealt with in the will.

3. If the court finds this will to be invalid, then the court will consider (a) whether any previous wills of the deceased are valid and govern the disposition of the estate property, or (b) whether the deceased died intestate, that is, without a will - and in that case, the Intestate Succession Act will govern how the estate property is apportioned.

4. You are a person interested in the estate as defined in the Estate Administration Rules because you are

.

5. Enclosed with this notice is a copy of the application for formal proof of the will of the deceased. This includes copies of the will(s) and a schedule of the inventory of the estate property.

6. The Court process to be followed is in accordance with Estate Administration Rules, rules 78 and 79.

7. You may contact:

at:

Phone: ________________________ , for any further information you may need.

Please read the enclosed documents carefully so that you may understand what this application is about.

Applicant(s) or Lawyer(s) for the Applicant(s)

Date: (Applicant's signature) (Print name below) Form 52 (Subsection 73(2))

SCHEDULE 2.1 - PREVIOUS WILLS

THIS IS EXHIBIT " " referred to in the affidavit of

Sworn before me on this day of , 20 .

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

SCHEDULE 2.1 - PREVIOUS WILLS

The personal representatives have knowledge about the following wills of the deceased:

For each will, provide the following information:

Will dated: __________________________________________________

Deceased’s age at the date of will: __________________________________________________

Location of will at date of death: __________________________________________________

Name of first witness: __________________________________________________

Name of second witness: __________________________________________________

The original will is attached to this Schedule.

(Information on the deceased’s will is already included on Form 9 - Schedule 2 - Deceased’s Will. Form 52 - Schedule 2.1 - Previous Wills is only needed if there are previous wills in existence that are relevant to the application. If so, use this form to give details of any previous wills still in existence. There may be one or more previous wills. Change the schedule accordingly.) Form 53 (Rule 89)

NOTICE OF CONTESTATION

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE OF CONTESTATION To: (Name) Complete address of claimant:

1. You have made a claim against the estate of for: (a) (Description of claim) (b) $ (Amount of claim)

2. The personal representative(s) of the estate contest your claim against the estate:

(Choose either "in whole" or "in part":)

and will not pay it unless ordered to by the Court.

3. You may apply to the Court for a decision on your claim by filing a Form 54 - Notice of Claim with Affidavit in accordance with rule 91 of the Estate Administration Rules.

4. You must do this within 60 days after you receive this notice. If you fail to act, your claim may be barred forever.

Personal Representative

Name: Date:

Address:

Lawyer for Personal Representative

Responsible Lawyer: Date:

Firm Name:

Address: Phone Number:

Fax Number:

File Number: Form 54 (Subrule 90(1))

NOTICE OF CLAIM WITH AFFIDAVIT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

NOTICE OF CLAIM WITH AFFIDAVIT

TAKE NOTICE that an application will be made to the presiding judge in Chambers at in , Northwest Territories, on day, , (Address or name of building) (Community) 20 , at a.m. (or p.m). or so soon after that time as counsel may be heard on behalf of ______________________ for an order that . (state the relief sought, the rule or enactment relied on and the grounds for the relief)

AND FURTHER TAKE NOTICE that in support of this application will be read

. (set out all affidavits and materials to be used)

DATED at , Northwest Territories, on , 20 . (Community)

(Signature of solicitor or party) TO: (Insert name and address of person to be served) Ensure a draft Form 4 - Order is attached.

PARTIES

(Names and relationships to estate.)

Applicant(s) ________________________________________________

Respondent(s) ________________________________________________

Beneficiaries (residuary) ________________________________________________

Life tenants ________________________________________________

Beneficiaries (non residuary) ________________________________________________

Beneficiaries (intestacy) ________________________________________________

Trustees for represented adults ________________________________________________

Attorney(s) for incompetent adults ________________________________________________

Minors ________________________________________________

Missing persons ________________________________________________

Unpaid claimants ________________________________________________

Bonding companies _______________________________________________

DETAILS

Claimant(s)

1. The name(s) and address(es) of the claimant(s) are:

Amount of claim(s)

2. $ (Nature of claim(s))

3.

Grounds upon which claim(s) are based

4. (Relief sought)

5.

Documents filed with this application

6. The following documents are filed in support of this application: Affidavit must always be included (it follows on the next page of this form). Add in any other relevant documents or complete paragraph (b). (a) affidavit of the claimant(s); (b) .

Applicable Estate Administration Rules

7. The following rules apply: (List Estate Administration Rule numbers on which you rely)

Applicable statutes

8. The following statutes are relied upon: List statutes on which you rely or state "none". (a) ; (b) .

Claimant

Date: (Name)

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

Applicant(s)

1. The applicant(s) are the claimant(s) of the estate.

Respondent(s)

2. The respondents are the personal representative(s) of the estate.

Facts on Which the Application is Based

3. .

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day ) (Signature of Applicant) of , 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

)Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act). Form 55 (Subrule 94(1), paragraph 97(1)(c) and paragraph 101(1)(c))

RELEASE

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

RELEASE

1. I am a person who is beneficially interested or guardian or trustee of a beneficiary interested in the residue of the estate.

2. I have received from the personal representative(s) of the estate financial statements covering the period to .

3. I approve the financial statements including the schedule of distribution and the schedule of compensation for the personal representative(s).

4. I understand that I will receive my share or the beneficiary will receive his or her share of the estate property as shown on the schedule of distribution, once the personal representative(s) have received releases from all the necessary beneficiaries.

5. If all the necessary beneficiaries do not sign a release, I understand that the personal representative(s) will apply for a court order approving the financial statements or dispensing with the need to pass accounts formally. The personal representative(s) will then distribute the estate property according to the order.

6. Until the financial statements have been approved by all concerned or by the Court, my release will be held in trust.

7. In signing this release, I release and discharge the personal representative(s), their heirs, successors, personal representatives and assigns from any further claims by me against the estate and its property and against the personal representative(s) for their management and distribution of the estate to the date of this release.

8. This is (Choose either a final or an interim) release.

Beneficiary, Guardian or Trustee (state one)

(Signature) (Date)

Note: This document requires a Form 68 - Affidavit of Execution Form 56 (Paragraph 97(1)(a))

APPLICATION TO PASS ACCOUNTS INFORMALLY

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

APPLICATION TO PASS ACCOUNTS INFORMALLY

TAKE NOTICE that an application will be made to the presiding judge in Chambers at in , Northwest Territories, on day, , (Address or name of building) (Community) 20 , at a.m. (or p.m). or so soon after that time as counsel may be heard on behalf of ______________________ for an order that . (state the relief sought, the rule or enactment relied on and the grounds for the relief)

AND FURTHER TAKE NOTICE that in support of this application will be read

. (set out all affidavits and materials to be used)

DATED at , Northwest Territories, on , 20 . (Community)

(Signature of solicitor or party) TO: (Insert name and address of person to be served) Ensure a draft Form 4 - Order is attached.

PARTIES (Names and relationships to estate.)

Applicant(s) ________________________________________________

Respondent(s) ________________________________________________

Beneficiaries (residuary) ________________________________________________

Life tenants ________________________________________________

Beneficiaries (non residuary) ________________________________________________

Beneficiaries (intestacy) ________________________________________________

Trustees for represented adults ________________________________________________

Attorney(s) for incompetent adults ________________________________________________

Minors ________________________________________________

Missing persons ________________________________________________

Unpaid claimants ________________________________________________

Bonding companies ______________________________________________

1. The applicant(s) request an order

This following list is a guide only to possible requests; you must tailor your application according to circumstances of your case: (a) deeming service of all documents on all parties sufficient; (b) dispensing with a formal passing of accounts for the period to

; (c) determining that the personal representative(s) have fully and satisfactorily accounted to a date to be stated in the order; (d) setting the fair and reasonable compensation for the personal representative(s) for the accounting period; (e) directing distribution of the estate; (f) discharging the personal representative(s); (g) allowing and directing payment of costs (including disbursements and Goods and Services Tax) of this application to be paid from the residue of the estate; (h) cancelling the bond; (i) providing for any other matters which might be required.

2. Filed with this application are the following: (a) Form 57 - Affidavit In Support of Application to Pass Accounts Formally; (b) Financial statements; (c) Form 55 - Signed releases.

Cost Proposal Modify as appropriate.

3. (1) Personal representative(s) costs to be paid from the residue of the estate on a lawyer/client basis.

(2) Respondent(s) costs to be paid as ordered by the Court.

Applicant(s) or Lawyer(s) for the Applicant(s)

(Applicant's signature) (Date) (Print name below) Please read the enclosed documents carefully so that you can understand what the application is about.

DETAILS

1. The personal representatives named in the deceased’s will, dated , have applied to .

2. If you consent to or do not oppose the application, you may (a) tick the last box on the notice of objection, then sign and return the notice of objection to the trustee(s); (b) do nothing further; or (c) attend at the hearing and indicate your position to the Court.

3. If you oppose any part of the application, you must (a) complete and file the enclosed notice of objection with the court described above five days or more before the hearing, that is by ; and (Fill in date which is the last date for filing the notice to objection. Count five days earlier than the hearing date.) (b) serve a filed copy of the notice of objection on the applicant(s) (their address for service is on the backer); and (c) come to the hearing and tell the judge what part of the accounting you object to and why.

4. If you oppose any part of this application but you do not file and serve your notice of objection (a) you will not be allowed to take part in the proceedings unless the judge specifically agrees to let you; and (b) the hearing will still take place even if you are not allowed to take part in the proceedings; and you will be bound by the judge’s order.

5. In any event, the judge will make an order and a copy of the order will be sent to you later.

Please read the enclosed documents carefully so that you may understand what this application is about. Form 57 (Paragraph 97(1)(b))

AFFIDAVIT IN SUPPORT OF APPLICATION TO PASS ACCOUNTS INFORMALLY

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF APPLICATION TO PASS ACCOUNTS INFORMALLY

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation) Applicant(s)

1. The applicant(s) is/are the personal representative(s) of the estate.

Respondents

2. The respondents are all the persons interested in the estate as defined in the Estate Administration Rules who have not signed releases.

Releases

3. The following persons who are residuary beneficiaries of the estate have signed releases indicating their approval of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution:

Release # 1: (Name)

Release # 2: (Name)

4. The other respondent residuary beneficiaries who have all received releases but have not signed them or communicated with the applicant(s) about the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution, are (a) the applicant(s) do not know what position these respondents take.

-OR- the position of respondent is attached or is as follows:

(i) . Service of documents

5. Copies of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution have been mailed to all the persons interested in the estate either at their last known addresses or in care of their lawyers of record.

6. The respondents will be served in the manner prescribed in the Estate Administration Rules with the following: (a) Form 56 - Application to Pass Accounts Informally, including any Form 51 - Notice of Hearing issued; (b) Form 57 - Affidavit in Support of Application to Pass Accounts Informally; (c) Form 58 - Notice of Objection or Consent.

Financial statements

7. The financial statements (a) are an accurate statement of the administration of the estate; (b) show all the property and debts of the deceased that the personal representative(s) have been able to ascertain; (c) show all the property received and debts and claims paid by the personal representative(s); (d) are for the period to ; (e) are accounting. (Choose either a final or an interim) Claimants

8. Claimants and amounts not yet paid are (a) .

Advertising for creditors and claimants

9. Advertising for creditors and claimants was carried out as follows (a) .

Distribution

10. No distribution of the deceased’s property has been made except as is reflected in the financial statements.

11. Once the court approves the financial statements, the personal representative(s) undertake to distribute the estate property as set out in the schedule of distribution.

Compensation

12. Compensation for the personal representative(s) is based on: (a) .

Reasons for application

13. The applicant(s) are applying for this order because:

.

Special matters

14. .

) in the Northwest Territories, on this day ) of , 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

If this affidavit is sworn within the Northwest Territories, it must Territories or other person authorized under section 65 of the Evidence

If this affidavit is sworn outside the Northwest Territories, it must 67 of the Evidence Act. Form 58 (Subrules 100(1) and 107(1) and paragraph 107(2)(a))

NOTICE OF OBJECTION OR CONSENT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

Name of Respondent Beneficiary _______________________________________________________________

NOTICE OF OBJECTION OR CONSENT

To: (Name of applicant)

I object to the following parts of the Application:

Tick the boxes against items if you object; otherwise leave the boxes blank. Describe the item you object to and give your reasons.

Financial statements

[ ] Item numbers

Description ____________________________________________

____________________________________________

Reason(s) for objection ____________________________________________

____________________________________________

[ ] Distribution schedule

Description ____________________________________________

____________________________________________

Reason(s) for objection ____________________________________________

____________________________________________ [ ] Compensation schedule

Description ____________________________________________

____________________________________________

Reason(s) for objection ____________________________________________

____________________________________________

[ ] Manner of administration

Description ____________________________________________

____________________________________________

Reason(s) for objection ____________________________________________

____________________________________________

I consent to this Application.

[ ] No objection

I have no objections to the financial statements

.

Respondent

Date: (Name) Form 59 (Paragraph 101(1)(a))

APPLICATION TO PASS ACCOUNTS FORMALLY

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

APPLICATION TO PASS ACCOUNTS FORMALLY

TAKE NOTICE that an application will be made to the presiding judge in Chambers at in , Northwest Territories, on day, , (Address or name of building) (Community) 20 , at a.m. (or p.m). or so soon after that time as counsel may be heard on behalf of ______________________ for an order that . (state the relief sought, the rule or enactment relied on and the grounds for the relief)

AND FURTHER TAKE NOTICE that in support of this application will be read

. (set out all affidavits and materials to be used)

DATED at , Northwest Territories, on , 20 . (Community)

(Signature of solicitor or party) TO: (Insert name and address of person to be served) Ensure a draft Form 4 - Order is attached.

PARTIES

Names and relationships to estate.

Applicant(s) ________________________________________________

Respondent(s) ________________________________________________

Beneficiaries (residuary) ________________________________________________

Life tenants ________________________________________________

Beneficiaries (non residuary) ________________________________________________

Beneficiaries (intestacy) ________________________________________________

Trustees for represented adults ________________________________________________

Attorney(s) for incompetent adults ________________________________________________

Minors ________________________________________________

Missing persons ________________________________________________

Unpaid claimants ________________________________________________

Bonding companies ________________________________________________

1. The applicant(s) request an order ____________________________________________________________ . (This list is a guide only to possible requests; you must tailor your application according to the circumstances of your case. (a) deeming service of all documents on all parties sufficient; (b) determining that the personal representative(s) have fully and satisfactorily accounted to a date to be stated in the order; (c) passing the accounts; (d) setting the fair and reasonable compensation for the personal representative(s) for the accounting period; (e) directing distribution of the estate; (f) cancelling the bond; (g) discharging the personal representative(s); (h) allowing and directing payment of costs (including disbursements and G.S.T). of this application to be paid from the estate; (i) providing for any other matters that might be required.)

2. Filed with this application are the following: (a) Form 60 - Affidavit in Support of Application to Pass Accounts Formally; (b) Financial statements.

Costs Proposal

3. Costs of the personal representative(s) to be paid by .

Indicate who the party is to pay the costs. It can be the estate or another party as appropriate.

Applicant(s) or Lawyer(s) for the Applicant(s)

(Applicant’s signature) (Date) (Print name below)

DETAILS

1. If you consent to or do not oppose the application, you may: (a) tick the last box on the notice of objection. Sign and return the notice of objection to the trustee(s); (b) do nothing further; or (c) attend at the hearing and indicate your position to the Court.

2. If you oppose any part of the application, you must: (a) complete and file the enclosed notice of objection with the court described above five days or more before the hearing, that is by ; and (Fill in date which is the last date for filing the notice to objection. Count five days earlier than the hearing date) (b) serve a filed copy of the notice of objection on the applicant(s). Their address for service is on this application; and (c) come to the hearing and tell the judge what part of the accounting you object to and why.

3. If you oppose any part of this application but you do not file and serve your notice of objection: (a) you will not be allowed to take part in the proceedings unless the judge specifically agrees to let you; and (b) the hearing will still take place even if you are not allowed to take part in the proceedings; and you will be bound by the judge’s order.

4. In any event, the judge will make an order and a copy of the order will be sent to you later.

Please read the enclosed documents carefully so that you may understand what this application is about. Form 60 (Paragraph 101(1)(b))

AFFIDAVIT IN SUPPORT OF APPLICATION TO PASS ACCOUNTS FORMALLY

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF APPLICATION TO PASS ACCOUNTS FORMALLY

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation) Applicant(s)

1. The applicant(s) is/are the personal representative(s) of the estate.

Releases

2. The following persons are residuary beneficiaries of the estate and have signed releases indicating their approval of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution:

Release # 1: (Name)

Release # 2: (Name)

3. The other respondent residuary beneficiaries, who have all received releases but have not signed them nor communicated with the applicant(s) about the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution, are .

(Choose one of the following:) [ ] The applicant(s) do not know what position these respondents take. [ ] The position of respondent is attached or is as follows:

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________ Service of documents

4. Copies of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution have been given or mailed to all the persons interested in the estate under the Estate Administration Rules either at their last known addresses or in care of their lawyers of record.

5. All persons interested in the estate under the Estate Administration Rules will be served in the manner prescribed

(a) Form 59 - Application to Pass Accounts formally, including any Form 51 - Notice of Hearing issued; (b) Form 60 - Affidavit in Support of Application to Pass Accounts Formally; and (c) Form 58 - Notice of Objection or Consent.

Financial statements

6. The financial statements (a) are an accurate statement of the administration of the estate; (b) show all the property and debts of the deceased that the personal representative(s) have been able to ascertain; (c) show all the property received and debts and claims paid by the personal representative(s); (d) are for the period to ; (e) are accounting. (Choose either final or an interim)

Claimants

7. Claimants and amounts not yet paid are: (a) . (Names and amounts or show None)

Advertising for creditors and claimants

8. Choose one of the following: [ ] The personal representative(s) did not advertise creditors and claimants. [ ] The personal representative(s) advertised for creditors and claimants in newspaper on and . The newspaper circulates in the district where the deceased lived, or carried business or where most of the deceased’s property is located.

Distribution

9. No distribution of the deceased’s property has been made except as is reflected in the financial statements.

10. Once the Court approves the financial statements, the personal representative(s) undertake to distribute the estate property as set out in the schedule of distribution.

Special matters

11. . (Refer to any matters needing special mention, explanation or direction or show None)

Compensation

12. Compensation for the personal representative(s) is based on: .

13. (Choose either of the following:) [ ] The personal representative(s) have not pre-taken compensation. [ ] The personal representative(s) have pre-taken the following compensation:

) (Community) )

) in the Northwest Territories, on this day ) of , 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

If this affidavit is sworn within the Northwest Territories, it must Territories or other person authorized under section 65 of the Evidence

If this affidavit is sworn outside the Northwest Territories, it must 67 of the Evidence Act. Form 61 (Paragraph 102(1)(a))

APPLICATION TO REQUIRE ACCOUNTS PASS FORMALLY

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

APPLICATION TO REQUIRE ACCOUNTS PASS FORMALLY

1. The applicant(s) request an order as follows: Modify as appropriate. [ ] requiring the personal representative(s) to pass accounts formally for the period to in accordance with the Estate Administration Rules; [ ] deeming service of documents on all parties sufficient.

2. Filed with this application is: (a) Form 62 - Affidavit in Support of Application to Require Accounts Pass Formally.

3. The applicant(s) rely on the following provisions of the Estate Administration Rules: (a)

Costs Proposal

4. (1) Costs of the applicant(s) to be paid by .

Indicate the party who is to pay the costs. It can be the estate or another party as appropriate.

Applicant

Date: (Applicant's signature) (Print name below)

Address for Service Form 62 (Paragraph 102(1)(b))

AFFIDAVIT IN SUPPORT OF APPLICATION TO REQUIRE ACCOUNTS PASS FORMALLY

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF APPLICATION TO REQUIRE ACCOUNTS PASS FORMALLY

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

Applicant(s)

1. I am/We are persons interested because: (State reasons)

2. I am/We are (State why you are interested in estate) Service of documents

3. All persons interested in the estate under the Estate Administration Rules will be served with: (a) Form 61 - Application to Require Accounts Pass Formally, including any Form 51 - Notice of Hearing; (b) Form 62 - Affidavit in Support of Application to Require Accounts Pass Formally.

Grounds for application

4. I/We request that accounts for the period to be passed formally because:

(Provide as much detail as possible)

) in the Northwest Territories, on this day ) of , 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

If this affidavit is sworn within the Northwest Territories, it must Territories or other person authorized under section 65 of the Evidence

If this affidavit is sworn outside the Northwest Territories, it must 67 of the Evidence Act). Form 63 (Subsection 103(1))

REPLY TO APPLICATION TO REQUIRE ACCOUNTS PASS FORMALLY

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

REPLY TO APPLICATION TO REQUIRE ACCOUNTS PASS FORMALLY

1. This reply is in answer to the application by that accounts be (Name) passed formally.

(Choose one of the following versions of paragraph 2.)

2. The personal representative(s) consent to the application and will apply for a formal passing of accounts for the period to in accordance with the Estate Administration Rules.

- OR -

2. (1) The personal representative(s) object to the application and they will not apply for a formal passing of accounts.

(2) Filed with this reply is: (a) Form 64 - Affidavit of in Support of Objection to Application to Require Accounts Pass Formally; and (b) .

Costs proposal

3. The costs of the personal representative(s) to be paid by . Indicate the party who is to pay the costs. It can be the estate or another party as appropriate.

Personal Representative

Name: Date:

Address: Form 64 (Rule 105)

AFFIDAVIT IN SUPPORT OF OBJECTION TO APPLICATION TO REQUIRE ACCOUNTS PASS

FORMALLY

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT IN SUPPORT OF OBJECTION TO APPLICATION TO REQUIRE ACCOUNTS PASS

FORMALLY

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation) Applicant(s)

1. I am/We are the personal representative(s) of the estate:

Reasons for objecting to making a formal accounting

2. I/We object to the application that accounts be passed formally because:

(Provide as much detail as possible)

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Applicant)

, 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act. If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act. Form 65 (Subrule 108(4) and rule 111)

ORDER RESPECTING TERMS OF ACCOUNTANT’S ENGAGEMENT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

ORDER RESPECTING TERMS OF ACCOUNTANT’S ENGAGEMENT

BEFORE THE HONOURABLE ) in the Northwest Territories, ) (Community)

) ) on this day of , 20 .

UPON THE APPLICATION OF , coming on before me on this day of , 20 , and upon hearing , counsel for the applicant and , counsel for .

UPON THE APPLICATION of , counsel on behalf of ;

UPON hearing , counsel on behalf of

;

AND UPON having read _______________________________________________________, all filed; (set out all material used in support of application)

1. IT IS ORDERED that the accounting firm is engaged to provide the following services with regard to the financial statements for the estate of for the period to : a. [ ] to perform a compilation engagement of the financial statements. b. [ ] to perform a review engagement of [ ] the financial statements [ ] the financial statements with a disclosure of the review engagement procedures applied in arriving at the overall negative assurance opinion, with regard to specific items ____________in the financial statements c. [ ] to carry out [ ] an audit of the financial statements [ ] specified auditing procedures with regard to items in the financial statements or financial information.

2. IT IS ORDERED that all accounting documentation must be made available to the accounting firm.

3. IT IS ORDERED that the accounting firm’s fee and necessary disbursements are payable by

.

4. IT IS ORDERED that the accounting firm will report its results to the Supreme Court and the persons interested in the estate by . IT IS ORDERED that when the accounting firm has completed including all exceptions, irregularities, and other pertinent interested in the estate by

IT IS ORDERED that, in particular, the accounting firm is from the estate financial statements and

(a)

accounting firm of

firm

Name:

set of terms of engagement is ordered.

this day of , 20 . Form 66 (Paragraph 110(1)(b))

ACCOUNTANT’S REVIEW ENGAGEMENT REPORT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

ACCOUNTANT’S REVIEW ENGAGEMENT REPORT

To the Supreme Court of the Northwest Territories:

1. This report is prepared solely for submission to the Supreme Court of the Northwest Territories, the personal representative(s), and the persons interested in the estate as identified by the Court.

2. I have reviewed the financial statements for the estate of for the period to , as ordered by the Supreme Court of the Northwest Territories on .

3. These financial statements were prepared by the personal representative(s) and provided to the court and to me.

4. My responsibility was to express an opinion on the plausibility of the financial statements based on my review. This review was made in accordance with generally accepted standards for review engagements and accordingly consisted primarily of enquiry, analytical procedures and discussion related to information supplied to me by the personal representative(s).

5. A review does not constitute an audit and consequently I do not express an audit opinion on these financial statements.

6. Based on my review, nothing has come to my attention that causes me to believe that these financial statements are not, in all material respects, in accordance with generally accepted accounting principles.

7.

Accounting firm: ________________________________

Accountant: Date:

Firm Name:

Address: Phone Number:

Fax Number:

File Number: Form 67 (Paragraph 110(1)(c))

ACCOUNTANT’S AUDIT ENGAGEMENT REPORT

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

ACCOUNTANT’S AUDIT ENGAGEMENT REPORT

To the Supreme Court of the Northwest Territories:

1. This report is prepared solely for submission to the Supreme Court of the Northwest Territories, the personal representative(s), and the persons interested in the estate as identified by the Court.

2. I have received the financial statements for the estate of for the period to , as ordered by the Supreme Court of the Northwest Territories on .

3. These financial statements were prepared by the personal representative(s) and provided to the Court and to me.

4. The Court directed me to conduct specified auditing procedures on items numbered in the financial statements. My responsibility was to report on the results of applying these procedures, including any errors I found.

5. I adopted the following procedures for the review:

6. I report as follows:

7. These procedures do not constitute an audit and consequently I do not express an audit opinion on these financial statements.

Accounting firm: ________________________________

Accountant: Date:

Firm Name:

Address: Phone Number:

Fax Number:

File Number: Form 68 (Forms 20, 21, 25, 30, 39, 40 and 55)

AFFIDAVIT OF EXECUTION

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER of the Estate of ___________________________ , late of __________________________ , in the Northwest Territories, deceased.

AFFIDAVIT OF EXECUTION

CANADA )

NORTHWEST TERRITORIES )

TO WIT: )

I, , of , Northwest

Territories, , MAKE OATH AND SAY THAT: (Occupation)

1. On the _________ day of , 20 , I was present and saw the document marked as Exhibit "A" to this my affidavit, executed by . (Name and community of residence)

2. executed the document in the presence of myself and (Name) . We were both present at the same time, and signed the (Name of other witness and community of residence)

document in the presence of ______________________________________________ as attesting witness. (Name for whom executed)

SWORN BEFORE ME at

) (Community) )

) in the Northwest Territories, on this day of ) (Signature of Deponent)

, 20 . )

(Signature of Commissioner for Oaths)

A Commissioner for Oaths

(Commissioner’s stamp or printed name)

My Commission expires .

Note: If this affidavit is sworn within the Northwest Territories, it must be sworn before a commissioner for taking oaths within the Northwest Territories or other person authorized under section 65 of the Evidence Act.

If this affidavit is sworn outside the Northwest Territories, it must sworn before a notary public or other person authorized under section 67 of the Evidence Act.

R-051-2017,s.4; R-148-2018,s.4.

AFFIDAVIT À L’APPUI DE LA REQUÊTE EN DÉCLARATION

CANADA )

TERRITOIRES DU NORD-OUEST )

DÉPOSITION : )

Je, soussigné, , de

du Nord-Ouest, , DÉCLARE (Profession)

1. ___________________________________________ décédé(e) (Nom du défunt) aux Territoires du Nord-Ouest, plus précisément

le ou vers le jour de 20

2. (Nom du défunt) peuvent avoir droit à une partie de la succession : (noms,

Nom :

Adresse :

Âge : Lien :

Nom :

Adresse :

Âge : Lien :

Nom :

Adress :

Âge : Lien :

Nom :

Adresse :

Âge : Lien :

3. La succession du défunt consiste en ce qui suit : (Énoncer personnes pouvant être en possession de tels biens et en indiquant la valeur

Nom :

Adresse :

Bien :

Nom :

Adresse :

Bien :

Nom :

Adresse :

Bien :

Nom :

Adresse :

Bien :

4. Les frais funéraires au montant de __________________$ pas été payées et sont dues à

5. Au meilleur de mes vérifications, les dettes du défunt sont réclamations des créanciers du défunt)

Nom :

Adresse :

Montant de la réclamation :

Nom :

Adresse :

Montant de la réclamation :

Nom :

Adresse :

Montant de la réclamation : Formule

ORDONNANCE

COUR SUPRÊME DES TERRITOIRES

DANS L’AFFAIRE de la succession de feu(e) ___________________________ dans les Territoires du Nord-Ouest.

PARTIES

Requérant(s)

Intimé(s)

Bénéficiaires du reliquat

Tenants viagers

Bénéficiaires (non du reliquat)

Bénéficiaires (non testamentaires)

Fiduciaires des adultes représentés

Mandataires des adultes inaptes

Mineurs

Absents

Réclamants non payés

Sociétés de cautionnement

ORDONNANCE

DEVANT L’HONORABLE )

)

) ) fait le

SAISI DE LA REQUÊTE de 20 , et après avoir entendu , avocat de __________________________________________

ORDONNANCE

DEVANT L’HONORABLE )

)

) ) fait le

SAISI DE LA REQUÊTE de le jour de 20 , et après avoir du requérant et ,

LE TRIBUNAL A :

Révisé la requête et tous autres documents déposés avec

Entendu les représentations des parties ou de leur avocat;

Examiné la requête;

ET LE TRIBUNAL ORDONNE :

1. Les lettres successorales demandées sont délivrées.

INSCRIT le jour de 20 .

____________________________________________ )

) aux Territoires du Nord-Ouest, le __________ 20 ___. )

)

____________________________________________ (Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

____________________________________________ (Timbre ou nom du commissaire à l’assermentation en lettres moulées)

Mon mandat expire le _________________________.

Note : Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit être Territoires du Nord-Ouest ou une autre personne autorisée en vertu de l’article

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, il doit autorisée en vertu de l’article 67 de la Loi sur la preuve. Noms quant aux renonciations annexées

(Fournir en par ou que le [ ] Oui [ ] Non

Si non, expliquer :

(Inclure tous documents de procuration, ententes de b) Autres biens

Description

Valeur brute

VALEUR TOTALE DES BIENS

(C+D)

3. Dettes les dettes relatives aux funérailles)

Description

Valeur

VALEUR TOTALE DES DETTES (total des montants inscrits à G)

4. Valeur nette de la succession

VALEUR NETTE DE LA SUCCESSION (E-H) peut être soit le représentant successoral, soit l’avocat)

(Nom)

: ______________________________________

: modifier le présent avis, selon le cas, si la requête est une requête d’obtention

) aux Territoires du Nord-Ouest, le jour de______ 20 )

. )

(Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

(Timbre ou nom du commissaire à l’assermentation en caractères imprimés)

Mon mandat expire le .

: Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit les Territoires du Nord-Ouest ou une autre personne autorisée en

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, personne autorisée en vertu de l’article 67 de la Loi sur la preuve. peut être soit le représentant successoral ou soit l’avocat)

(Nom)

: ______________________________________

6. Pour ces motifs, le requérant demande au présent tribunal cautionnement.

FAIT SOUS SERMENT DEVANT MOI à

) (Collectivité) )

) aux Territoires du Nord-Ouest, le jour de______ 20 )

. )

(Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

(Timbre ou nom du commissaire à l’assermentation en caractères imprimés)

Mon mandat expire le .

: Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit les Territoires du Nord-Ouest ou une autre personne autorisée en

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, personne autorisée en vertu de l’article 67 de la Loi sur la preuve. Formule

RENONCIATION À L’HOMOLOGATION

COUR SUPRÊME DES TERRITOIRES

DANS L’AFFAIRE de la succession de feu(e) __________________________, les Territoires du Nord-Ouest.

RENONCIATION À L’HOMOLOGATION

1. Le défunt a signé un testament dans lequel je suis nommé

2. Je renonce à tout droit et titre sur les lettres d’homologation

3. Je n’ai pas accompli d’opérations sur les biens de la succession.

Représentant successoral :

______________________________________________ (Signature)

Représentant successoral :

______________________________________________ (Nom)

Note : Le présent document doit être accompagné d’un affidavit du témoin à

:

du représentant successoral :

responsable :

du cabinet :

:

7. Pour de plus amples renseignements, veuillez contacter

Téléphone : .

Représentant successoral :

Nom :

Adresse :

Veuillez lire attentivement les documents ci-joints afin de bien comprendre la

La personne-ressource peut être soit le représentant successoral, soit l’avocat.

Modifiez le présent avis si la succession est en partie sans testament et en partie

ORDONNANCE

DEVANT L’HONORABLE )

)

) ) fait le

SAISI DE LA REQUÊTE DE le jour de 20 , et après avoir du requérant et

LE TRIBUNAL A :

Révisé la requête et tous les autres documents déposés avec

Entendu les représentations des parties ou de leur avocat;

Examiné la requête;

ET LE TRIBUNAL ORDONNE :

1. Les lettres successorales demandées sont délivrées.

INSCRIT le jour de 20 . Je m’engage à administrer consciencieusement la fiducie comptes exacte sur mon administration de la fiducie aux

:

(Signature)

: Le présent document doit être accompagné d’un affidavit du témoin à

ORDONNANCE

DEVANT L’HONORABLE )

)

) ) fait le

SAISI DE LA REQUÊTE DE le jour de 20 , et après avoir du requérant et

LE TRIBUNAL A :

Révisé la requête et tous les autres documents déposés avec

Entendu les représentations des parties ou de leur avocat;

Examiné la requête;

ET LE TRIBUNAL ORDONNE :

1. Les lettres successorales demandées sont délivrées.

INSCRIT le jour de 20 .

) aux Territoires du Nord-Ouest, le jour de______ 20 )

. )

(Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

(Timbre ou nom du commissaire à l’assermentation en caractères imprimés)

Mon mandat expire le .

: Le présent affidavit doit être souscrit devant un notaire public ou preuve et respecter les exigences de cette loi.

___________________________________________ )

) dans les Territoires du Nord-Ouest, le ________ 20__. )

)

___________________________________________ (Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

___________________________________________ (Timbre ou nom du commissaire à l’assermentation en lettres moulées)

Mon mandat expire le .

Note : Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit être Territoires du Nord-Ouest ou une autre personne autorisée en vertu de l’article

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, il doit autorisée en vertu de l’article 67 de la Loi sur la preuve.

) aux Territoires du Nord-Ouest, le jour de______ 20 )

. )

(Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

(Timbre ou nom du commissaire à l’assermentation en caractères imprimés)

Mon mandat expire le .

: Si le présent affidavit est utilisé comme codicille, joindre l’affidavit codicille ou autre.

Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit les Territoires du Nord-Ouest ou une autre personne autorisée en

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, personne autorisée en vertu de l’article 67 de la Loi sur la preuve.

) aux Territoires du Nord-Ouest, le jour de______ 20 )

. )

(Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

(Timbre ou nom du commissaire à l’assermentation en caractères imprimés)

Mon mandat expire le .

: Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit du Nord-Ouest ou une autre personne autorisée en vertu de l’article

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, personne autorisée en vertu de l’article 67 de la Loi sur la preuve. Représentant successoral

Adresse :

Avocat du représentant successoral

Avocat responsable :

Nom du cabinet :

Addresse :

6. Les avis sont envoyés aux personnes suivantes :

Écrire les noms et les adresses de toutes les personnes ayant un intérêt

Représentant successoral

Nom :

Adresse :

Avocat du représentant successoral

Avocat responsable :

Nom du cabinet :

Adresse :

:

du représentant successoral :

responsable :

du cabinet :

: non payés

de cautionnement

TERRITOIRES DU NORD-OUEST )

DÉPOSITION : )

Je, soussigné, , de

du Nord-Ouest, , DÉCLARE (Profession)

Requérant(s)

1. Le requérant est le réclamant de la succession.

Intimé(s)

2. L’intimé est le représentant successoral de la succession.

Faits sur lesquels la requête est fondée

3.

FAIT SOUS SERMENT DEVANT MOI à

) (Collectivité) )

) aux Territoires du Nord-Ouest, le jour de______ 20 )

. )

(Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

(Timbre ou nom du commissaire à l’assermentation en caractères imprimés)

Mon mandat expire le .

Note : Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit les Territoires du Nord-Ouest ou une autre personne autorisée en

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, personne autorisée en vertu de l’article 67 de la Loi sur la preuve.

) aux Territoires du Nord-Ouest, le jour de______ 20 )

. )

(Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

(Timbre ou nom du commissaire à l’assermentation en caractères imprimés)

Mon mandat expire le .

: Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit du Nord-Ouest ou une autre personne autorisée en vertu de l’article

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, personne autorisée en vertu de l’article 67 de la Loi sur la preuve. [ ] Grille de rémunération

Motifs de l’opposition

[ ] Mode d’administration

Description

Motifs de l’opposition

quoi je consens à la présente requête.

[ ] Aucune opposition

Je n’ai aucune opposition aux états financiers couvrant au .

Intimé

Date (Nom)

) aux Territoires du Nord-Ouest, le jour de______ 20 )

. )

(Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

(Timbre ou nom du commissaire à l’assermentation en caractères imprimés)

Mon mandat expire le .

: Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit les Territoires du Nord-Ouest ou une autre personne autorisée en

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, personne autorisée en vertu de l’article 67 de la Loi sur la preuve.

) aux Territoires du Nord-Ouest, le jour de______ 20 )

. )

(Signature du commissaire à l’assermentation)

Le commissaire à l’assermentation des Territoires du Nord-Ouest

(Timbre ou nom du commissaire à l’assermentation en caractères imprimés)

Mon mandat expire le .

: Si l’affidavit est souscrit dans les Territoires du Nord-Ouest, il doit les Territoires du Nord-Ouest ou une autre personne autorisée en

Si l’affidavit est souscrit à l’extérieur des Territoires du Nord-Ouest, personne autorisée en vertu de l’article 67 de la Loi sur la preuve. IL EST ORDONNÉ que le cabinet comptable, au terme de toutes exceptions, irrégularités et autres remarques pertinentes, dans la succession de la façon suivante :

.

IL EST ORDONNÉ que, notamment, le cabinet comptable référence _____________ des états financiers de la succession

a)

comptable

comptable

:

du cabinet :

:

:

présentes conditions de mission sont ordonnées.

le jour de 20 . du Nord-Ouest ou une autre personne autorisée en vertu de l’article

est souscrit à l’extérieur des Territoires du Nord-Ouest, il doit en vertu de l’article 67 de la Loi sur la preuve.

art. 4; R-148-2018, art. 4.

SCHEDULE B (Subrule 9(2))

COMPENSATION GUIDELINES

Interpretation

1. In these Guidelines,

"core legal services" means legal services normally rendered by a lawyer for a personal representative in connection with the administration of an estate, including (a) receiving instructions from the personal representative, (b) giving the personal representative information and advice on all matters in connection with the administration of the estate, including (i) the basis for the lawyer’s fees for the different categories of legal services, (ii) the basis for the personal representative’s compensation and preparation of the proposed compensation schedule, and (iii) providing a copy of this Schedule to the personal representatives, (c) reviewing the will or the provisions of the Intestate Succession Act, as applicable, with the personal representative, (d) receiving information from the personal representative about (i) the deceased, (ii) the beneficiaries, (iii) the estate property, (iv) the deceased’s debts, and (v) minors, (e) obtaining details of all the property and debts of the deceased for the purposes of an application to the Court, including (i) 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, (ii) any pensions, annuities, death benefits and any other benefits, (iii) any debts owed by the deceased as at the date of death, (iv) preparing all required documents for grant applications, (v) preparing notices to all beneficiaries, (vi) arranging for a surviving spouse to receive notices under the Dependants Relief Act and Family Law Act, if necessary, (vii) arranging for dependants to receive notices under the Dependants Relief Act, if necessary, (viii) attending on signing of application for grant, filing with the Court, payment of fees and dealing with the Clerk, (ix) advising the Public Trustee, if necessary, and (x) receiving the grant, (f) preparing documents to advertise for claimants, arranging for advertising and obtaining affidavit of publication, (g) preparing declarations of transmission and powers of attorney for stocks and bonds transferrable under the Northwest Territories grant, (h) preparing transmission and transfer documents for land transferrable under the Northwest Territories grant, (i) preparing all other documents required to transmit and transfer property transferrable under the Northwest Territories grant, (j) advising the personal representative on any trusts required by the will, (k) advising the personal representative to prepare and file tax returns, (l) confirming receipt of clearance certificates from the Canada Revenue Agency, (m) submitting financial statements of the personal representative for approval to the beneficiaries on an informal basis, (n) preparing releases and acknowledgments of trustees, and obtaining and filing them if so instructed by the personal representative, (o) generally advising the personal representative on any matter respecting core legal services; (services juridiques essentiels)

"duties of personal representatives" means those tasks normally required to be performed by a personal representative in the administration of an estate, including (a) making arrangements for the disposition of the body and for funeral, memorial or other similar services, (b) determining the names and addresses of those beneficially entitled to the estate property, and notifying them of their interests, (c) arranging with a bank, trust company or other financial institution for a list of the contents of a safety deposit box, (d) determining the full nature and value of property and debts of the deceased as at the date of death and compiling a list, specifying the value of all lands, and buildings and a summary of outstanding mortgages, leases and other encumbrances, (e) examining existing insurance policies, advising insurance companies of the death and placing additional insurance, if necessary, (f) protecting or securing the safety of any estate property, (g) providing for the protection and supervision of vacant land and buildings, (h) arranging for the proper management of the estate property, including continuing business operations, taking control of property and selling property, (i) 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, (j) applying for any pensions, annuities, death benefits, life insurance or other benefits payable to the estate, (k) advising any joint tenancy beneficiaries of the death of the deceased, (l) advising any designated beneficiaries of their interests under life insurance or other property passing outside the will, (m) arranging for the payment of debts and expenses owed by the deceased and the estate, (n) determining whether to advertise for claimants, checking all claims and making payments as funds become available, (o) taking the steps necessary to finalize the amount payable if the legitimacy or amount of a debt is in issue, (p) 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, (q) instructing a lawyer in any litigation, (r) complying with the requirement for filing an acknowledgment of trustees before distributing any property to a trustee, (s) preparing the personal representative’s financial statements, a proposed compensation schedule and a proposed final distribution schedule, and (t) distributing the estate property in accordance with the will or the Intestate Succession Act, if there is no will; (fonctions du représentant successoral)

"non-core legal services" are legal services rendered by a lawyer for a personal representative that are in addition to the core legal services required in the administration of an estate, including (a) acting as conveyancing lawyer on any sale of land, (b) acting as lawyer on the sale of other property or businesses, (c) preparing financial statements of the personal representative for submission to residuary beneficiaries, (d) preparing all documents and acting for the personal representative in any Court proceedings involving the estate, including (i) formal proof of a will, (ii) formal passing of accounts, (iii) any other contentious or non-contentious matters, (e) negotiating with any taxing authorities in the Northwest Territories 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, (f) arranging to obtain a resealed or ancillary grant in another jurisdiction, (g) preparing all documents and obtaining a resealed or ancillary grant in the Northwest Territories, (h) preparing all documents and obtaining a grant of double probate, (i) preparing all documents and obtaining a grant of trusteeship of the estate of a minor, (j) dealing with any claims relating to the estate, (k) setting up any trusts required by the will, and arranging for the reimbursement of the trustees for services rendered to the trusts, (l) identifying property not forming part of the estate but passing by survivorship or passing directly to a named beneficiary outside the will, including (i) preparing documentation to transfer land and other property held in joint tenancy to the surviving tenants, and (ii) preparing documentation to pass property to designated beneficiaries outside the will, (m) arranging for any other legal services that are not core legal services, and (n) generally advising the personal representative on any matter respecting core legal services; (services juridiques non-essentiels)

"time of distribution" means (a) when the estate property is distributable to the beneficiaries immediately on the death of the deceased, the time when distribution to the beneficiaries is complete, (b) the time when the transfer of a minor’s property to the minor’s trustees is complete, or (c) when the estate property is not all distributable to the beneficiaries immediately on the death of the deceased because trusts delay the final distribution, the time when distribution of immediately distributable property to the beneficiaries is complete, and transfer of the trust property to the trustees is complete. (moment de la distribution) Categories of Service

2. A lawyer may charge fees for the following categories of legal services performed in the administration of estates: (a) core legal services; (b) non-core legal services.

Personal Representative’s Duties

3. A lawyer may charge fees for legal services performed that involve carrying out the duties of a personal representative.

Agreement

4. (1) The lawyer and the personal representative must agree to the categories of service that the lawyer will perform and to an arrangement or amount for each category of fees, disbursements and other charges.

(2) The fees agreed to must cover, up to the time of distribution of the estate, (a) all the core legal services or non-core legal services; (b) any duties of the personal representative required to be performed by the lawyer; and (c) any other services required to be performed by the lawyer. Lawyer as Personal Representative

5. A lawyer who is also appointed as the personal representative under a grant may charge additional fees for any core and non-core legal services performed in his or her capacity as a lawyer.

Factors to be Considered

6. Relevant factors to be considered when determining the fees charged by or allowed to a lawyer, include (a) the complexity of the work involved and whether any difficult or novel questions were raised; (b) the amount of skill, labour, responsibility and specialized knowledge required; (c) the lawyer’s experience in estate administration; (d) the number and importance of documents prepared or perused; (e) whether the lawyer performed services away from his or her usual place of business or in unusual circumstances; (f) the value of the estate; (g) the amount of work performed in connection with jointly held or designated assets; (h) the results obtained; (i) the time expended; and (j) whether or not the lawyer and the personal representative concluded an agreement and whether the agreement is reasonable in all the circumstances.

Lawyer’s Fees

7. (1) For the purpose of calculating the fees payable to a lawyer by a personal representative, the total value of an estate is the total value of all assets of the estate, excluding (a) gifts made by the deceased during his or her lifetime; (b) insurance, annuities and pensions not payable to the estate; (c) property held in joint tenancy where the beneficial interest is intended to pass by right of survivorship; and (d) the death benefit under the Canada Pension Plan.

(2) Subject to subrule (3), the fees payable to a lawyer by a personal representative for the performance of core services and non-core services for an estate of average complexity, are (a) 3% on the first $100,000, or the portion of that amount, of the total value of the estate, subject to a minimum fee of

$1,500; (b) 1.25% on the next $400,000, or the portion of that amount, of the total value of the estate; (c) 1% on the next $500,000, or the portion of that amount, of the total value of the estate; and (d) 0.5% on the total value of the estate over

$1,000,000.

(3) A lawyer for the personal representative is only allowed 40% of the fees calculated under subrule (2), subject to a minimum fee of $1,500, if the personal representative is an individual who is a lawyer, and while acting as the personal representative, also acts as the lawyer for the personal representative.

Disbursements

8. Reasonable costs incurred by a lawyer as disbursements and other charges in performing services in any category are allowed in addition to any fees charged.

Statement of Fees and Disbursements to be in Writing

9. (1) A lawyer must present a written statement of fees, disbursements and other charges to the personal representative, showing the details of the services performed, together with a copy of this Schedule.

(2) If the personal representative is required to give the beneficiaries of an estate an accounting in which legal fees are shown, the personal representative must give them a copy of this Schedule. Taxing Accounts

10. (1) A lawyer or a personal representative may have the lawyer’s account reviewed by the taxing officer under rules 653 to 697 of the Supreme Court Rules.

(2) The taxing officer or the Court may review fees, disbursements and other charges, and may increase or decrease any of them.