LESA Has Your Back: Surrogate Rules Amendments

On June 15, 2022, amendments made to Alberta’s Surrogate Rules, Alta Reg 130/1995, came into effect across the province. The key amendments replace the former Noncontentious (NC) forms with the new Grant Application (GA) forms, and introduce a new electronic application system called the Surrogate Digital Service.

The new GA forms must be used for applications filed after June 14, 2022. Applications using the former NC forms will not be processed and will be returned if filed after June 14, 2022. Practitioners may submit applications using either the GA forms or the Surrogate Digital Service after this date. Effective September 13, 2022, practitioners must utilize the Surrogate Digital Service for applications that are able to be processed using this system.[1]

In light of these amendments, LESA has updated the Alberta Wills and Estates Practice Manual, with the assistance of David J. Koski. This manual is a comprehensive resource for any wills and estates practitioner. Chock-full of essential information and helpful tips, this two-part manual contains information on estate planning and administration.

Grant Applications are covered under Chapter 6 of the manual, offering breakdowns of each newly adopted GA form, and providing examples and instructions for how to fill in, file, and submit these forms under the new requirements. Purchasers of this manual can also expect to find sections highlighting common mistakes made when filing under the new system, and detailed explanations for how to avoid them. The manual further notes which GA forms will replace the formerly used NC forms.

The print version of this manual is available for purchase on our website here. To access the manual electronically, subscribe to either the Wills and Estates collection or to the complete LESA Library here.

For additional training on the changes, you may wish to also check out LESA’s “Surrogate Reform.” This on-demand program offers 3+ hours of training on the amendments to the Surrogate Rules and Surrogate Forms. It includes a review of the role of the court, the role of the clerks, and the new process for online grant applications and issuance.

As always, LESA is dedicated to providing top-notch resources to help you pursue continual legal excellence. If you have any questions about the above noted resources, please contact us at [email protected] or by calling 780.420.1987.

[1] “Amendments to Surrogate Rules and Forms – Surrogate Digital Service” online: Court of Queen’s Bench of Alberta (25 April 2022) [https://www.albertacourts.ca/qb/resources/announcements/amendments-surrogate-rules-forms-new-surrogate-digital-service].

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