GA11 - Renunciation
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Form GA11 - Renunciation is a formal declaration, in the form of an affidavit sworn under oath or affirmed by a person who has a legal priority to apply to the Court of King's Bench of Alberta for a Grant of Probate or Grant of Administration but chooses not to. The legal effect of completing a Form GA11 results in the signatory:
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Giving up their right to serve as the deceased's Personal Representative (Executor or Administrator) and administer the estate.
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Affirms that they have not intermeddled in the deceased's estate, meaning that they haven't taken any action that suggests they are already acting as the Personal Representative.
Form GA11 is a mandatory form for filing with the court when someone else is applying for a Grant of Probate or Administration, and there are other people with equal or higher priority who are declining the role. Such that it can be particularly significant, given that it:
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Clears the Way for the Applicant: It officially removes a person with equal or higher priority to administer the estate, allowing the next person in line (the one who is applying) to proceed with their application without complication.
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Confirms Priority: Alberta's Estate Administration Act and Wills and Succession Act establish a strict order of priority for who can apply to be the Personal Representative (e.g., the named Executor, then the surviving spouse/partner, then a child, etc.). A Renunciation is required from any person with a higher or equal priority who does not wish to apply.
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Reduces Disputes: By formally renouncing the role, the affiant is legally documenting their decision, which helps to prevent future claims or challenges to the authority of the appointed Personal Representative.
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Court Requirement: The Court of King's Bench will typically not issue a Grant of Probate or Administration to an applicant unless all parties with a higher or equal claim have either applied with them or formally renounced their right using the GA11.
If the person that is not interested in serving as the Administrator for the estate wishes to nominate another individual to serve as the Administrator, they should complete for submission Form GA13 - Nomination.
Form GA11 - Renunciation is available from the Alberta Government webpage for surrogate forms.
Probate and administration can be a relatively straightforward procedural process, especially when undertaken with a lawyer that has the benefit of the Surrogate Digital Service to effectuate digital filing and processing of the legal paperwork with the Surrogate Division of the Court. However, where the matter is contentious and there are disagreements as between prospective appointees and/or beneficiaries, the proceeding can be quite tedious, time-consuming and expensive, with the relevant statutes and court precedent be the foundation for dictating the outcome, with the lawyers being pivotal to the process [more on advantages].
Contact our law firm today to learn how our legal team can help you with the legal demands following the death of a loved one, from probating the decedent's last will & testament to administering an estate where the decedent did not have a valid will. Contact our law firm at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
Please Note: This information provides a general overview. Specific circumstances may require additional steps or variations in the process.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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