Veterans Estates Regulations (C.R.C., c. 1584)

Regulations are current to 2019-07-01

Veterans Estates Regulations

C.R.C., c. 1584

DEPARTMENT OF VETERANS AFFAIRS ACT

Regulations Respecting the Estates of Veterans

Short Title

 These Regulations may be cited as the Veterans Estates Regulations.

Interpretation

 In these Regulations,

bond

bond means a bond or other security of the Government of Canada; (obligation)

Department

Department means the Department of Veterans Affairs; (ministère)

Estates Officer

Estates Officer means the officer of the Department of Veterans Affairs appointed to administer the service estates of veterans; (préposé aux successions)

Minister

Minister means the Minister of Veterans Affairs; (ministre)

service estate

service estate, in respect of a veteran, means that part of his personal estate which consists of service pay and allowances and other emoluments emanating from the Crown that at date of death are held to his account by the Department or are due or otherwise payable by the Government of Canada; and effects issued by the Crown which under service regulations he is allowed to retain, and all personal belongings in the care or custody of the Department, including cash on hand; (succession militaire)

veteran

veteran means any former member of the Canadian Forces who dies or has died otherwise than during his service as a member of such Forces, while receiving hospital treatment or institutional care under the control or direction of the Department for any disability incurred during his service as a member of such Forces. (ancien combattant)

Notice of Death

 On the death of a veteran, the District Administrator of the district in which death occurs shall promptly forward notice thereof to the Estates Officer giving particulars thereof and of next-of-kin, together with the original of the last Will of the deceased if it is in Departmental custody and, if not, information as to where it may be located, if known, and an inventory of the personal effects including cash on hand, and a statement of the District Treasury Officer of the district, with itemized particulars, of the total amount held in trust for the deceased's account and of any known debts of the deceased shall be attached to such notice; and the District Administrator shall retain all such assets pending receipt of directions from the Estates Officer.

Charges on Service Estate

  •  (1) Preferential charges on the service estate of a veteran are service debts, and those debts are a first charge or lien against the estate and are payable by the Estates Officer in preference to all other debts and liabilities, in the following order:

    • (a) service quarters;

    • (b) mess, canteen, band and other service accounts; and

    • (c) service clothing, appointments and equipment, purchased by a veteran, not exceeding a sum equal to six months' service pay of the deceased, and having become due within 18 months before his death.

  • (2) Where a doubt or difference arises in relation to any preferential charge, or the payment or disposition thereof, the Minister's decision shall be final and binding on all persons for all purposes.

Estates Officer Administers

 The Estates Officer shall administer the service estates of veterans, and

  • (a) where, in a Will of a veteran, an executor has been named and such nominee has been appointed executor by a court of competent jurisdiction, or where an administrator or an administrator with Will annexed has been appointed by a court of competent jurisdiction, or where the executor named in an unprobated Will has proved to the satisfaction of the Estates Officer that such Will is the last Will of the deceased and that he has assumed the executorship or become an executor de son tort or is willing to accept the executorship of such Will, the Estates Officer may cause to be delivered over to such executor or administrator, for distribution, the net assets of the service estate in his possession;

  • (b) where, in a Will of a veteran, an executor has been named and such nominee has not been appointed executor by a court of competent jurisdiction, or where no administrator has been appointed by a court of competent jurisdiction, the Estates Officer may cause to be distributed the net assets of the said estate in accordance with the law applicable in each case to the distribution of personal estates; or

  • (c) where, under paragraph (b), no distribution, or only a partial distribution, of any service estate can be made in accordance with such laws, the Estates Officer shall convert the net assets, or such balance thereof, into cash and pay the same to the Receiver General, to be deposited by him in a special trust account or accounts pending final distribution to the person or persons entitled thereto.

  •  (1) Where, prior to the death of a veteran,

    • (a) he had money on deposit in a bank, post office or other financial institution,

    • (b) a person was indebted to the veteran or held money in trust for him,

    • (c) a person had in his custody or control moneys of the veteran, or

    • (d) the veteran was entitled to an undistributed interest in an estate,

    the Estates Officer may direct that the amount to which the veteran was so entitled be paid to the Receiver General for credit to the deceased's account.

  • (2) Where the veteran was entitled to an amount jointly with another person or persons, subsection (1) applies thereto if the other person or persons make a request in writing that the Estates Officer distribute that amount with the service estate of the veteran.

  • (3) Where a bank, financial institution or any person has in its or his custody or control a bond belonging to a veteran, the Estates Officer may receive the bond and either sell or present it for redemption, and cause the proceeds to be paid to the Receiver General for credit to the deceased's account or, upon the written request of the person legally entitled upon distribution of the estate, cause the bond to be registered in such person's name or be transferred into bearer form and be delivered to him.

  • (4) Where a bank, financial institution or any person has in its or his custody or control a bond that belonged to a veteran and some other person or persons jointly or in which a veteran has a limited or partial interest only, the Estates Officer may, if the other persons interested therein request the Estates Officer in writing to distribute the bond with the service estate of the veteran, receive the bond and either sell or present it for redemption or, at the request in writing of the person legally entitled upon distribution of the estate, cause the bond to be registered in such person's name or be transferred into bearer form and be delivered to him.

  • (5) Where an amount not exceeding $1,500 is payable under a life insurance policy to the estate of a veteran, the Estates Officer may direct that the amount payable under the policy be paid to the Receiver General for credit to the deceased's account.

  • (6) Where an amount is payable to the legal representatives of a veteran under the provisions of a Government of Canada annuity, the amount so payable may, on the direction of the Estates Officer, be transferred to the credit of the deceased's service account.

  • (7) This section does not apply in respect of the estate of a veteran where

    • (a) the aggregate of the amounts that would otherwise be payable under this section in Canada and the value of the bonds situate in Canada exceeds $2,000; or

    • (b) the aggregate of the amounts that would otherwise be payable under this section outside Canada and the value of the bonds situate outside Canada exceeds $3,000.

  • (8) All amounts paid to the Receiver General under this section shall be distributed with the service estate of the veteran.

  • (9) Where an amount is paid or a bond is delivered pursuant to this section, a receipt therefor and an acquittance in respect of the obligation may be given by the Estates Officer or by any person thereunto authorized by him and a receipt or acquittance given under this section shall have the same effect as though given by the duly authorized legal representatives of the veteran.

  • (10) The Estates Officer may, on behalf of Her Majesty, agree to indemnify any bank, financial institution or any person who makes a payment or delivers a bond under this section against any liability to make the payment or any part thereof to any other person or to deliver the bond to any other person or against liability to pay succession duty in respect of the amount so paid or the bond.

 Where a person under the age of 21 years is entitled to all or part of the estate of a veteran being administered under these Regulations,

  • (a) the Estates Officer may pay out of the money payable to such person not more than $300 in any year for his maintenance, welfare or education to a responsible adult or child welfare or protection society recognized by or under the laws of a province; and

  • (b) there may, on distribution thereof, be paid thereon, out of Departmental appropriations, when some person is authorized to receive payment, interest, in respect of the time it remains in the Consolidated Revenue Fund after the end of the first year after the death, at the rate fixed from time to time by the Minister of Finance with the approval of the Governor in Council.

 The provisions of section 4 in respect of preferential charges apply to the service estate of a former member who has not died but is receiving hospital treatment or institutional care as a mental case under the control or direction of the Department.

 Compliance with these Regulations with respect to the administration of a service estate shall discharge the Minister, the Estates Officer or other person complying therewith, from all liability by reason of any of the aforementioned assets in his hands having been paid, transmitted, remitted or otherwise dealt with in accordance therewith.

 
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