16 — Sunday, January 3, 1999 - North Shore News Probate and Administration What are the © responsibilities of the “personal representative”? A In law. the term “personal © representative” includes executors (where a will names an executor) and administrators (where a person dies intestate, or an executor declines, and the court must name someone to administer the estate). Although the office of personal representative is voluntary. there is quite a bit of work involved. The personal representative is remunerated up to 5% of the value of the estate; they can also be indemnified out of the estate for expenses. If the executor is also a beneficiary, he or she may be denied a fee unless the will makes it clear that the gift to the executor is given in addition to, and not instead of, the executor’s fee. A personal representative has to take possession of the assets, pay the debts, look after insurance matters, and keep proper accounts. Another important point is that they stand as way station between the deceased and the beneficiary. As such. and legally, title to property goes from the deceased to the personal representative and then to the beneficiaries. Note that there are some exceptions to this such as joint property and RRSPs or insurance policies with named beneficiaries. Property in these are transferred automatically on death and do not depend on probate. © How is Probate handled? ® Once everything has been gathered, the execulor is ready to apply to the court for probate. Probate is a documem. which proves the will as the actual last will of the deceased, and confirms you as the executor. If the estate is intestate, then rather than probate (which is reserved for wills). the court will issue letters of administration to an administrator. Ifa will does not name an executor, if the executor predeceases the testator, or if the named executor declines the position, someone will have to apply to the court as administrator to handle all probate issues. in essence, an application for NOTARY PUBLIC WILLS ¢ CONVEYANCING *« MORTGAGES 822-5972 FAX 922-4686 SUITE 300 - 1497 MARINE DRIVE : VANCOUVER, B.C. V7T_1B8 or e-mail your ad to us classify@direct.ca 1139 Lonsdale Avenue,North Vancouver, V7M 2H4 Opportunities Volunteer probate or betters of administration of an estate includes: © A praecipe: A certificate that a search had been made with the Wills Registry in Victoria: © An affidavit of the executor including an original of the will. This will swear that all reasonable efforts have been made to ascertain that this is the last will af the deceased; ® The Estates Administration Act requires a declaration that lists assets and liabilities at the time of the application for probate or administration: * The Estates Administration Act also requires the applicant to certify that he is first delivered notice of the application to each person who is: © A beneficiary under the will. © Entitled to intestacy, ¢ Entitled to apply under the Wills Variation Act. ¢ A common law spouse, ¢ A spouse that has been separated from the deceased for less than a year. eb veetye tote the Moald Tole Legal fnfurauntion (ves sateen Estate Administration & Estate Litigation 984-3646 301-145 West 15th Street, North Vancouver http: //www.isandb.com CONTESTED WILLS & ESTATES Adult Guardianship & Trust Claims McLELLAN HERBERT Barristers 8 Solicitors 683-5254 Hugh S. McLellan Deidre J. 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Cer eaeiiBaotT SNOWSOARD GNU 143:m 58° $75 Besiin OY 5A) Het bonis THE FAX 985-3227 f north shore’ The Vancouver Art Gallery is looking for enthusiastic volunteers with strong communica- tion skills for our educa- tional programs. if you enjoy working with people and would like to learn more about art, then plan to attend our next participatory informotion session on rsday, Jan. 7, . 6:30-8:30 p.m. You can assist us in the following areas: Open Studio, supersunday (our monthly family day) and school programs. VANCOUVER ArT GALLERY 750 Hornby Street Vancouver, 8.C. V6Z 2H6 Tel: 662-4700 Fax: 662-1086 Auctions, flea markets ara om sas, for sale mise Classified Sec- tion s bargain “sere ied ec O+est. Apet. 254-7720 CRIMINAL RECORD Need a S Waiver? PARDON ASSISTANCE SERVICE 204-2940 Nain St, Van 877-2222 ever been treated unfairly ENUE CANADA? Do you feel rovernment of Canatla uses nd LS. to R. Fea, GD, Pincher Creek, AB TOK 1WO Fax: Wial6r7 2958 Email fear@bm.nel NEW icons A woman's about & hot WS TEE GPT Sa ed oo ae Slo, 1285 Sud 9879084, Fuca oe _. BENSON = Alce E. bom Jaway 27, 1925 in Broomhead, Saskatchewan, iS oe aay by ier hus: For femembe s Craig (Sharon) and Bran ae 4 wo Jen bts dames, Jac hn. Sadly mnased ‘ety y_Peapemit Nice spent jewelery business, fest at tiers and after at Com Jew elers after taking a ful time leave. from her career to raise her two sons. Mom had an wncendidona love for all her friends and fanily. A Heanor ma a 1839 300 esaay laary a p.m. Lonsdale United Church, a0" Lonsdale, North Van- couver, Special thanks to Dr. Marc Boileau an the staff at North Shore Private Hospital for their care and Compassion. In lieu of flowers dona- be made to the Canadian sis Foundation, #134829 Cin ir a V5H 2¢8, Phyfis and Vancouver, Frank (Flo) of 100 “ae C.; nephews Randy, Bat, raised in North’ Vancouver. He served in the Canadian Forces as a radio communicator in the Navy and ater lo Savinkoft and triends in Burton, B.C, for ther concern and sym pathy. Valley Funeral Services in tare of arrangements for the burial germce held jecember 21, 1998 in Burton, . “So fong for now, Johnny! SPEICHER - On December 22, 1998. Shawn Meadows Speicher mee sat of North Van acon BC. ea pas ents Dick & Margurite Smith, sister Elaine brother inlaw Michael Fjermestad. ee and wil be sa two brothers missed by Dennis ik of Sausih and Len of North Van fancouver; two sisters Dixie Fyermestad of West Bank, B.C. and tan Renville (Roa) of Pemberton,. B.C; many nieces, nephews, lov relatives and dear friends. In lieu ol flowers a donation may be made tp the Canadian Diabetes Association or the Kidney Foundation of Canada. 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