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The Law Fees Amendment and Consequential

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S.M. 1999, c. 11

THE LAW FEES AMENDMENT AND CONSEQUENTIAL


 

(Assented to July 14, 1999)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L80 amended

1         The Law Fees Act is amended by this Act.

2         The title is amended by adding "and Probate Charge " after "Fees".

3         Section 1 is amended by adding the following definition in alphabetical order:

"charge" means a charge imposed under subsection 1.1(1) on the estate of a deceased person; (« droit »)

4         The following is added after section 1:

Probate charge

1.1(1)    The estate of a deceased person shall pay to Her Majesty in right of the province a charge, calculated in the manner set out in the Schedule, for an application for probate or administration.

Probate charge to be paid on behalf of estate

1.1(2)    The charge imposed under subsection (1) shall be paid by the representative of the estate, in his or her capacity as representative of the estate.

Responsibility of proper officer

1.1(3)    The proper officer of the court to which the application is made is responsible for requiring the payment of the charge imposed under subsection (1).

5         Section 4 is amended by striking out "All" and substituting "The charge and all".

6(1)      Subsection 5(1) is amended

(a) in the section heading, by adding "charge or" after "unpaid"; and

(b) in the subsection, by striking out "fee" wherever it occurs and substituting "charge or fee".

6(2)      Subsection 5(3) is amended by striking out "fee" and substituting "charge or fee".

7(1)      Subsection 6(1) is amended by adding "charges and" after "accounting for".

7(2)      Subsection 6(2) is repealed.

8         Section 10 is amended

(a) in clause (b), by adding "charges and" after "dealing with"; and

(b) in clause (c), by adding "charges and" after "in which".

9         The following is added as a Schedule to the Act:

SCHEDULE

CALCULATION OF CHARGE ON APPLICATION FOR PROBATE OR ADMINISTRATION

For the purposes of section 1.1, the charge payable by the estate of a deceased person on an application for probate or administration is the amount determined as follows:

1. For an application made during the period commencing on August 6, 1959 and ending on September 30, 1978:

(a) where the value of the property devolving is under $1,000. $7.

(b) where the value of the property devolving is $1,000. or more but less than $2,500. $8.

(c) where the value of the property devolving is $2,500. or more up to and including $5,000. $10.

(d) where the value of the property devolving is more than $5,000. and up to and including $20,000. . . . . . . . . . . . . . . . . . . . . . . . . . .$10.,

plus $2. for every

$1000. of value

or fraction thereof

over $5,000.

(e) where the value of the property devolving is more than $20,000. $40.,

plus $3. for every

additional $1,000. of

value or fraction thereof.

2. For an application made during the period commencing on October 1, 1978 and ending on January 31, 1983:

(a) where the value of the property devolving is $5,000. or less $10.

(b) where the value of the property devolving is more than $5,000. $10.,

plus $4. for every

additional $1,000. of

value or fraction thereof.

3. For an application made during the period commencing on February 1, 1983 and ending on October 31, 1988:

(a) where the value of the property devolving is $5,000. or less $10.

(b) where the value of the property devolving is more than $5,000. $10.,

plus $4.50 for every

additional $1,000. of

value or fraction thereof.

4. For an application made during the period commencing on November 1, 1988 and ending on March 31, 1996:

(a) where the value of the property devolving is $5,000. or less $20.

(b) where the value of the property devolving is more than $5,000. $20.,

plus $5. for every

additional $1,000. of

value or fraction thereof.

5. For an application made during the period commencing on April 1, 1996 and ending on March 29, 1998:

(a) where the value of the property devolving is $5,000. or less $25.

(b) where the value of the property devolving is more than $5,000. $25.,

plus $6. for every

additional $1,000. of

value or fraction thereof.

6. For an application made on or after March 30, 1998:

(a) where the value of the property devolving is $10,000. or less $50.

(b) where the value of the property devolving is more than $10,000. $50.,

plus $6. for every

additional $1,000. of

value or fraction thereof.

Fees previously paid discharge liability

10 An amount collected as a fee on an application for probate or administration before the day this section comes into force is deemed to discharge the estate's liability for the charge imposed by section 1.1 of The Law Fees and Probate Charge Act and calculated in the manner set out in the Schedule to that Act, as enacted by sections 4 and 9 of this Act.

No retroactive increases or decreases in amounts

11        For greater certainty, nothing in this Act is to be read as imposing a charge for an application for probate or administration that is greater or less than the amount collected as a fee for an application for probate or administration before the day this section comes into force.

Consequential amendments, C.C.S.M. c. C290

12(1)     The Court of Queen's Bench Surrogate Practice Act is amended by this section.

12(2)     Section 1 is amended

(a) by adding the following definition in alphabetical order:

"charge" means a charge imposed under subsection 1.1(1) of The Law Fees and Probate Charge Act; (« droit »)

(b) in the definition "prescribed fees", by adding "and Probate Charge" after "Law Fees".

12(3)     Subsection 22(1) is amended by adding "the charge and" after "upon payment of".

Consequential amendments, other Acts

13        In the following provisions of the following Acts, "The Law Fees Act" is struck out and "The Law Fees and Probate Charge Act" is substituted:

(a) clause 45(e) of The Executions Act;

(b) subsection 30(6) of The Income Tax Act;

(c) section 34 of The Jury Act;

(d) section 13 of The Newspapers Act;

(e) subsection 6(2) of The Sheriffs Act.

Coming into force

14(1)     Subject to subsection (2), this Act comes into force on the day it receives royal assent.

14(2)     Section 1.1 and the Schedule, as enacted by sections 4 and 9 of this Act, are retroactive and are deemed to have come into force on August 6, 1959.

14(3)     This Act prevails over The Surrogate Courts Act, R.S.M. 1954, c. 53, to the extent necessary to give effect to subsection (2).