C11 COURT FILE NUMBER COURT JUDICIAL DISTRICT ESTATE NAME PROCEDURE DOCUMENT To:

Name of claimant

Court of Queens Bench of Alberta (Surrogate Matter)

Deciding contested claims Notice of contestation

Address

1. You have made a claim against the estate of 1.1 1.2 $

for:

2. The personal representative(s) of the estate contest your claim against the estate and will not pay it unless ordered to by the court. 3. You may apply to the court for a decision on your claim by filing a notice of claim in Form C12 of the Surrogate Rules. 4. You must do this within 2 months after you receive this notice. If you fail to act, your claim may be barred forever. 5. Sections 40 and 41 of the Administration of Estates Act apply to this proceeding. 6. A copy of the relevant Surrogate Rules is enclosed.

Personal Representative Name: Complete address: Phone: Fax:

Date

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THIS PAGE CONTAINS THE RELEVANT SURROGATE RULES MENTIONED IN PARAGRAPH 6 OF FORM C11

Division 5 Claims on an Estate

Contested claim

95

If a personal representative does not agree with all or part of the claim of a claimant against the estate, the personal representative must serve the claimant with a notice of contestation in Form C11.

Application to court

96(1) A claimant whose claim is contested may apply to the court for an order allowing the claim and setting the amount by filing a notice of claim with affidavit in Form C12 and serving it on the personal representative. (2) A claimant must make an application under subrule (1) within 2 months of receiving the notice of contestation under rule 95. (3) The court may waive the time limit in subrule (2) if (a) the claimant applies to the court for an extension of time within the 2 months, and (b) the application is heard within 5 months after receiving the notice of contestation under rule 95.
AR 130/95 s96;165/2010

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THESE TWO PAGES CONTAIN THE RELEVANT SECTIONS OF THE ADMINISTRATION OF ESTATES ACT MENTIONED IN PARAGRAPH 5 OF FORM C11

Verification of claims

40(1) Every creditor or other person filing a claim against the estate of a deceased person shall, if required to do so by the legal representative, verify the creditors or other persons claim in accordance with the procedures in the Rules. (2) In the case of a secured claim, the legal representative of the estate may either (a) consent to the right of the creditor or other person filing the claim to rank for the claim after deducting the value of the security specified in the declaration, or (b) require from the creditor or other person an assignment of the security at the value specified in the declaration, and when an assignment is made, the difference between the value at which the security is retained by the legal representative and the just amount of the gross claim is the amount for which the creditor or other person ranks for the creditors or other persons claim. (3) When an assignment of security is required pursuant to subsection (2), the creditor or other person shall, on payment to the creditor or other person of the value of the security specified in the declaration, together with interest to the date of payment if the indebtedness bears interest, assign the security to the legal representative. (4) Nothing in this section curtails, abridges or otherwise prejudicially affects any of the rights or remedies of a secured creditor until the legal representative of the estate has given notice that an assignment of the security is required and payment for it is tendered. (5) When the claim of a creditor or other person is based on a negotiable instrument on which the deceased is only indirectly or secondarily liable and that is not mature or exigible (a) the claim is deemed to be secured for the purposes of this Act, and (b) the creditor or other person shall put a value on the liability of the party primarily liable on the instrument as being the creditors or other persons security for repayment of it, but after the maturity of the liability and its non-payment, the creditor or other person may amend and revalue the creditors or other persons claim. (6) If a creditor or other person files with the legal representative of an estate a claim that is wholly or partly secured but fails to value the security, (a) a judge may, on application by the legal representative or any other person interested in the estate, order that unless a statutory declaration specifying the value of the security is filed with the legal representative within the time

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limited by the order, the claimant will be wholly barred of any right against the estate in respect of the claim or the part of it that is secured, and (b) if the order is not complied with, that claimant is wholly barred of any right against the estate in respect of the claim or the part of it that is secured.
RSA 2000 cA-2 s40;2009 c53 s9

Deciding contested claims

41(1) When a claim is made against the estate of a deceased person or if the legal representative of the estate has notice of a claim, the legal representative may contest the claim in whole or in part and, if in part, stating what part, in accordance with the Rules. (2) If the claimant does not make an application in accordance with the Rules within 60 days after the receipt of a notice of contestation under subsection (1), the claimants claim is forever barred. (3) This section applies also to a claim not presently payable and for which, for that reason, an action for the recovery of it could not be brought, but if such a claim is established under this section, no proceedings shall be taken to enforce payment of it without the permission of a judge.
RSA 1980 cA-1 s42;1992 c21 s47

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