Payments to Estates Regulations, 1996 (SOR/97-239)

Regulations are current to 2017-11-20

Payments to Estates Regulations, 1996

SOR/97-239

FINANCIAL ADMINISTRATION ACT

Registration 1997-04-23

Payments to Estates Regulations, 1996

T.B. 825202 1997-04-17

The Treasury Board, pursuant to paragraph 10(f) of the Financial Administration Act, hereby makes the annexed Payments to Estates Regulations, 1996.

General

 Except as otherwise provided in these Regulations, in any Act of Parliament, in any regulations made under any such Act or in any applicable provincial law, where an amount of money is payable by or on behalf of Her Majesty in right of Canada to a deceased, the amount shall be paid to the estate of the deceased.

Exceptions

 A refund of premium in respect of a deceased who was insured under a contract of insurance entered into under The Returned Soldiers’ Insurance Act or the Veterans Insurance Act may be paid to a beneficiary under the contract of insurance in proportion to the share of insurance money to which that beneficiary is entitled.

 Any person entitled in law to succeed to the assets of a deceased may, for each amount of money that is payable by or on behalf of Her Majesty in right of Canada to the deceased, make an application to the appropriate minister to have the amount paid to the entitled person if

  • (a) where the deceased had no will, the amount payable is $25,000 or less; or

  • (b) where the deceased had a will, the amount payable is $100,000 or less.

  •  (1) An application made under section 3 must be in the form of Schedule I and be signed by the applicant.

  • (2) Where persons other than the applicant are entitled to succeed to the assets of the deceased, the application must be accompanied by a release in the form of Schedule II.

 The appropriate minister shall grant an application made in accordance with sections 3 and 4 if, on the basis of the information provided in Schedule I and, if required, in Schedule II, and any other information necessary for assessing the entitlement of the applicant, the applicant is entitled in law to succeed to the assets of the deceased.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on April 23, 1997.

SCHEDULE I(Subsection 4(1) and section 5)Application

NOTE: To the best of your knowledge, please indicate the following:
Name of the Department:
Name of the Program:
Estimate of amount claimed:

Note: All deletions or alterations are to be initialled by the applicant and the witnesses.

Province of

IN THE MATTER OF THE ESTATE OF:

(Full name of deceased)

TO WIT:

  • 1 I,(Full name of applicant), age , of(Address)

    in(City, town or village) in the Province of(Name of province) Postal Code

    make an application in accordance with section 3 of the Payments to Estates Regulations, 1996.

  • 2 That I am the(Relationship) of the late(Full name of deceased) who died at(City, town or village) in the Province of (Name of province) on the(Date) day of(Month), (Year) a copy of whose death certificate is attached to this application, and who died: (check one only) without a will  with a will, a copy is attached.

    (Note: if the will is a holograph, provide proof that it has been probated.)

  • 3 That at the time of death, the deceased had his/her permanent residence in (City, town or village), (Province).

  • 4 That I am (check one only)

    • [ ] the only person entitled to succeed to the assets of the deceased

    • [ ] one of the persons entitled to succeed to the assets of the deceased, and all other persons so entitled are listed and have signed the release in the form of Schedule II to the Payments to Estates Regulations, 1996.

  • 5 That the information provided in this application is correct.

  • 6 That I agree to indemnify and save harmless Her Majesty in right of Canada from any loss or damage that may be incurred as a consequence of making the payment to me.

  • 7 That I agree to return any overpayment or erroneous payment, which constitutes a debt due to the Her Majesty in right of Canada.

(Applicant - signature)(Witness 1 - signature)(Witness 1 - signature)

(Witness 1 - Name in capital letters)(Witness 2 - Name in capital letters)

(City, town or village), in the Province of (Name of province)

(Date) day of (Month), (Year).

Note: The witnesses must have no interest in the estate of the deceased and must not be related to the applicant.

SCHEDULE II(Subsection 4(2) and section 5)Release

LIST OF AND RELEASE BY ALL PERSONS, OTHER THAN THE APPLICANT, ENTITLED TO SUCCEED TO THE ASSETS OF THE SAID DECEASED (as per item 4 of Schedule I to the Payments to Estates Regulations, 1996)

NOTE: Not to be completed by the applicant in Schedule I to the Payments to Estates Regulations, 1996. To be signed by the legal guardians on behalf of minors.

I hereby release all my interest in the amount payable by Her Majesty in right of Canada to the estate of the late (Full name of deceased)

in favour of (Full name of applicant).

Full name of persons entitled to inheritRelationship to the deceasedAge (if minor)Address and Phone NumberSignatureWitness (name in capital letters and signature)
Date modified: