GA13 - Nomination
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Form GA13 - Nomination serves to facilitates the appointment of an Administrator when the person with the highest legal priority chooses not to act themselves, but instead wants a different, specific person to apply for the court grant. Although this does not necessarily assure the nominee's appointment, it provides significant weight for the court's consideration, yet this is also weighed against the order of priority established by the Estate Administration Act (Alberta). As such, Form GA13 - Nomination serves to:
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Delegate Authority: It is a formal, sworn document that explicitly states that a person with higher priority under the Estate Administration Act (like a surviving spouse, or an adult child when there is no will) is nominating a lower-priority or less-obvious candidate to apply for the Grant of Administration or Grant of Administration with Will Annexed.
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Court Consideration: The court will consider the nomination when deciding who should be appointed as the administrator of the deceased person's estate, especially when there is no will (intestacy) or the will's named executor cannot or will not act.
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Streamlines the Process: It helps streamline the application process by providing clear documentation of the wishes of the highest-priority individual(s). Without it, the application from the nominated person might be contested or require more detailed explanation as to why the person with priority isn't applying.
It should be noted that if the person with priority doesn't want to act and doesn't want to nominate anyone, they would instead look to complete Form GA11 - Renunciation.
Form GA13 - Nomination 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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