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This is an unofficial version.
This version is current as of April 21, 2014.
It has been in effect since June 16, 2005.

Note: Earlier consolidated versions are not available online.

 

 

C.C.S.M. c. L80

The Law Fees and Probate Charge Act

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

Definitions

1           In this Act

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

"court" means

(a) the Court of Appeal,

(b) Her Majesty's Court of Queen's Bench for Manitoba, and

(c) the Provincial Court; (« tribunal »)

"fee" means a prescribed fee payable under this Act; (« frais »)

"prescribed" means prescribed in the regulations; (« prescrit »)

"proceeding" means any action or proceeding in a court, whether civil or criminal, including any proceedings by way of or for a prerogative writ; (« instance »)

"proper officer" means

(a) in respect of The Court of Appeal, the registrar thereof,

(b) in respect of Her Majesty's Court of Queen's Bench for Manitoba, the registrar hereof or a deputy registrar thereof, and

(c) in respect of the Provincial Court, a clerk thereof. (« auxiliaire compétent »)

S.M. 1999, c. 11, s. 3.

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).

S.M. 1999, c. 11, s. 4.

Payment of fees required

2(1)         Every person taking a proceeding in a court or being a party to a proceeding in a court shall, for any matter, process or service taken or required by him in the court in respect of the proceeding, pay the fee prescribed for that matter, process or service.

2(2)        Repealed, S.M. 1990-91, c. 12, s. 12.

S.M. 1990-91, c. 12, s. 12.

Fees payable to proper officer

3(1)        Unless otherwise provided in the regulation prescribing the fee, every fee payable under this Act in respect of a proceeding in a court shall be paid to the proper officer of the court for the use of Her Majesty in right of the province.

Responsibility of proper officers

3(2)        The proper officers of the courts are responsible for requiring the payment of all prescribed fees for any matter, process or service in proceedings in the court.

Manner of payment

4           The charge and all fees payable under this Act shall be paid in cash or in a manner prescribed.

S.M. 1999, c. 11, s. 5.

Recovery of unpaid charge or fee by government

5(1)        Where a charge or fee required to be paid to a proper officer of a court is not paid, the government may recover the charge or fee in a court of competent jurisdiction as a debt due to the government.

Recovery of fee by other persons

5(2)        Where a fee required to be paid to a person other than the proper officer of the court is not paid, that person may recover the fee in a court of competent jurisdiction as a debt due to him.

Onus of proof of payment

5(3)        The onus of proving that a charge or fee has been paid is on the person alleging that it has been paid.

S.M. 1999, c. 11, s. 6.

Proper officers are revenue officers

6(1)        For the purposes of collecting and accounting for charges and fees, the proper officer of a court is a revenue officer within the meaning of The Financial Administration Act.

6(2)        Repealed, S.M. 1999, c. 11, s. 7.

S.M. 1999, c. 11, s. 7.

Fees for special examiner

7(1)        Where an examination is taken by a special examiner who is not a member of the civil service, he may retain the fee for taking the examination for his own use.

7(2)        Repealed, S.M. 1990-91, c. 12, s. 12.

S.M. 1990-91, c. 12, s. 12.

Fees to be taxable

8(1)        The fees paid under this Act by any party to a proceeding shall be taxed and allowed to him as part of any bill of costs taxable between party and party in the same manner as any other disbursements would be.

Fees taxable where Crown a party

8(2)        Notwithstanding that the Crown has paid no fees fixed under this Act, where the Crown is a party to any proceeding and costs are allowed to the Crown, the fees fixed under this Act that the Crown would have had to pay if it were not the Crown shall be taxed and allowed to the Crown as part of any bill of costs taxable between party and party in the same manner as any other disbursements would be.

9           Repealed.

S.M. 1997, c. 52, s. 10.

Regulations

10          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith and every regulation made under and in accordance with the authority granted by this section has the force of law and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) prescribing fees to be paid for any matter, process or service taken or required by a person in a proceeding in a court;

(b) respecting the manner of and procedures for accounting and dealing with charges and fees paid to a proper officer of a court under this Act;

(c) prescribing the manner in which charges and fees not paid in cash may be paid;

(d) providing for the payment of a fee prescribed in the regulation to a person other than the proper officer of a court who has provided a service to a party to a proceeding in the court.

S.M. 1999, c. 11, s. 8.

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 during the period commencing on March 30, 1998 and ending on June 30, 2005:

(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.

7. For an application made on or after July 1, 2005:

(a) where the value of the property devolving is $10,000. or less $70.

(b) where the value of the property devolving is more than $10,000. $70.,

plus $7. for every

additional $1,000. of

value or fraction thereof.

S.M. 1999, c. 11, s. 9; S.M. 2005, c. 40, s. 43 and 44.

 

 
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