Common Sense Should Be Common with Respect to Grants — Even the Unusual Ones

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This paper provides an overview of grants of probate and grants of administration. The first part of the paper discusses grants that are limited to part of the deceased’s property, including grants of administration of unadministered property, grants of re-sealed probate/administration with respect to Alberta property, grants of administration limited to specific property, and ancillary grants. The second part of the paper addresses applying for a grant with a power of attorney, applying for expedited grants, validating non-compliant wills or gifts, and using caveats.

The paper includes a number of samples and precedents related to grant applications. These include an application for a grant of probate, an application for a grant of administration, an application for a grant of re-sealed probate, a surrogate checklist, protocols for expedited applications in Edmonton and Calgary, and a list of common errors and problems when applying for grants.

This paper is part of a collection presented at LESA’s Effective Legal Support: Wills and Estates seminar in Edmonton on November 15, 2017 and in Calgary on November 22, 2017.

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