Alberta Regulation 139/2023 introduces amendments to the Surrogate Rules under the Judicature Act. These changes aim to modernize and clarify procedural requirements for estate management and administration in Alberta.

One key amendment is in Rule 2(1), which clarifies that the Alberta Rules of Court (AR 124/2010) will apply to applications not specifically addressed under the Surrogate Rules. This change ensures consistency and clarity in court procedures. Another update is in Rule 16, which now requires a witness to a will to provide an affidavit (Form GA8) that proves the signing formalities were observed, with the original will accompanying the affidavit. This amendment allows affidavits sworn at the time of signing to serve as acceptable proof unless there are unexplained discrepancies in the will. Furthermore, Rule 16(4) addresses the validation of holograph wills by requiring an affidavit (Form GA9) from someone other than the applicant if a witness is unavailable, thereby streamlining the process.

The regulation also revises Rule 18 to mandate that if a will is not in English or French, an affidavit (Form GA10) must verify its translation into one of these languages, ensuring that all legal documents are accessible and understandable within Alberta’s judicial system. In terms of document service, Rule 26 has been updated to recognize written acknowledgment of receipt as effective service, facilitating more efficient communication among parties involved in estate proceedings.

The regulation improves definitions used throughout the rules, including a new definition for “newspaper” that encompasses both printed and electronic forms. Other technical amendments clarify terms, ensuring consistency in language. Significant updates to affidavit forms are also included, particularly in Form GA1, which now specifies its relevance to wills translated into English or French, aligning with the new language requirements for uniformity in documentation.

Rule 16 establishes specific identification requirements for wills marked for affidavits, detailing how these markings should be made to prevent damage to the original document. The regulation further repeals several outdated rules, replacing them with more relevant and precise language that reflects current practices in estate administration.

Alberta Regulation 139/2023 is intended to update the Surrogate Rules by addressing needs in estate management and providing clearer procedures for validating wills and handling estates. The amendments focus on enhancing clarity, efficiency, and accessibility in the legal processes surrounding estate administration in Alberta, with the intention to facilitate smoother judicial processes for all involved parties.

Alberta ( 139/2023) December 15, 2023