Department of Justice

Estate Administration

The Public Guardian and Trustee may administer estates of Yukon residents who die testate or intestate where a legal representative has not assumed authority.


Fee Schedule

CLIENT ADMINISTRATION
Income/Capital Receipts 2.5%
Income/Capital Disbursements 2.5%
Annual Management Fee 0.5%
   
DECEASED ESTATES AND MISSING PERSONS
Income/Capital Receipts 2.5%
Income/Capital Disbursements 2.5%
Annual Management Fee 0.5%
Minimum fee for administering estates $ 1,500.00
   
CHILDREN'S TRUST
Income/Receipts 2.5%
Income/Capital Disbursements 2.5%
Annual Management Fee 0.5%
Obtaining Direction from the Court $75.00/ hour per staff member
Heir Location and Proof Fee $75.00/ person
   
ACTING AS GUARDIAN FOR NON-FINANCIAL MATTERS
Fees as payable under Public Guardian
and Trustee Act
$ 75.00/ hour per staff member
   
OTHER SERVICES
Outside of Public Guardian and Trustee
Act fee schedule
$ 75.00/ hour per staff member
   
COMPLEX MATTERS

The cost of services in unusual circumstances of estate administration may be charged to cover all or part of additional costs.

 
GST
All Fees are subject to 6% Goods and Services Tax


Frequently Asked Questions 


What is a Will?

A Will is a document which sets out a person's wishes regarding the disposal of their property owned at the time of their death. A person can sell or give away their property during their lifetime, even if the property is mentioned in the Will. The Will only applies to those assets still owned at the time of death.

A Will can also include special wishes about burial or cremation, and name a guardian for children under legal age. Legal age in the Yukon is 19 years.

In order to be valid, the Will must be signed and witnessed in the manner set out in the Wills Act .

The property of the deceased is called the estate. A person who inherits part of an estate under a Will is called a beneficiary.

Until the maker of the Will dies, the Will is only an expression of intention. Therefore, it can be changed at any time.

A beneficiary does not receive the inheritance immediately upon the death. First, all the property goes to the personal representative.

The personal representative must first pay any debts of the deceased. Only then is the personal representative entitled to distribute the remaining property to the beneficiaries according to the terms of the Will.

The maker of the Will may choose the personal representative by naming them in the Will. In this case, the personal representative is called the executrix (if female) or the executor (if male).


What is an Executor?

A man appointed by the Testator to carry out the provisions of the Will, to administer the estate and distribute the property.


What is an Executrix? 

A woman appointed by the Testator to carry out the provisions of the Will, to administer the estate and distribute the property.


What is an Administrator?

A man appointed by the Court to administer the estate of someone who died without a Will. An Administrator is also appointed where there is a Will but it either fails to appoint an Executor or the Executor named in the Will is unable or unwilling to act.


What is an Administratrix?

A woman appointed by the Court to administer the estate of someone who died without a Will. An Administratrix is also appointed where there is a Will but it either fails to appoint an Executor or the Executor named in the Will is unable or unwilling to act.


Who is Considered a Common-law Spouse?

As of April 1, 1999, the Estate Administration Act  defines common-law spouse as

  1. a person who is united to another person by a marriage that, although not a legal marriage, is valid by commmon law, or
  2. a person who has cohabited with another person as a couple for at least 12 months immediately before the other person's death.

 


Who inherits the Estate when there is no Will?

Refer to the Estate Administration Act , Sections 78 to 95 inclusive.


What are Probate Fees and how much are they in the Yukon?

Probate fees are the fees charged by the Supreme Court of the Yukon Territory to file the estate documents.

  • No fee is payable to obtain a Grant of Letters Probate and Administration where a person dies leaving an estate not exceeding $25,000 in value.
  • To obtain a Grant of Letters Probate and Administration where a person dies leaving an estate exceeding $25,000 in value, there is a fee of $140.00.
  • Resealing of an extra-territorial Grant of Probate or Administration, there is a fee of $140.00.


What benefits are available from Canada Pension Plan?

Canada Pension Plan survivor benefits are paid to the deceased contributor's estate, surviving spouse and dependent children. There are three benefits that are available from Canada Pension Plan as follows:

  • The death benefit is a a one-time payment, to a maximum of $2,500.00 to, or on behalf of, the estate of a deceased Canada Pension Plan contributor.
  • The surviving spouses's pension is a monthly pension paid to the surviving spouse of a deceased Canada Pension Plan contributor. To qualify, you must have been legally married or have been living in a common-law relationship for at least one year at the time of the death of the deceased.
  • The children's benefit is a monthly benefit for dependent children of a deceased contributor and is paid to the natural or adopted child or a child in the care and control of the deceased at the time of death. The child must be either under age 18, or between the ages of 18 and 25 and in full-time attendance at a recognized institution.

For more information, see Canada Pension Plan .

Forms are available from the Public Administrator's office or Canada Pension Plan district office, P.O. Box 1177, Victoria, BC V8W 2V2. Telephone number 1-800-277-9914.

 


Glossary

Administrator - A man appointed by the Court to administer the estate of someone who died without a Will. An Administrator is also appointed where there is a Will but it either fails to appoint an Executor or the Executor named in the Will is unable or unwilling to act.

Administratrix - A woman appointed by the Court to administer the estate of someone who died without a Will. An Administratrix is also appointed where there is a Will but it either fails to appoint an Executor or the Executor named in the Will is unable or unwilling to act.

Beneficiary - A person who inherits property from a deceased person under a Will, an insurance policy, a trust, or under the intestate rules of the Estate Administration Act .

Codicil - A formal supplement or an addition to the Will made by the Testator. It modifies, adds, subtracts from, qualifies, alters, restrains or revokes provisions in a Will. It must be prepared and executed in the same manner as a Will.

To Devise or Bequeath - To give a gift (or simply "I give").

Estate - A general term usually used to refer to all the property owned by a person at the time of death.

Executor - A man appointed by the Testator to carry out the provisions of the Will, to administer the estate and distribute the property.

Executrix - A woman appointed by the Testator to carry out the provisions of the Will, to administer the estate and distribute the property.

Grant of Probate - An order of the Supreme Court of the Yukon Territory confirming that the Will is valid and thereby providing the personal representative with proof of his or her authority to handle the deceased's affairs. This is sometimes called "Letters of Probate".

Holograph Will - A Will written entirely in the handwriting of the deceased and signed by him or her. This is considered a valid Will in the Yukon. Will forms purchased in stationery stores are not holograph Wills.

Intestate - A person who dies without a Will (or without a valid Will). An intestate's property, after payment of debts, will be distributed among relatives according to the rules set out in the Estate Administration Act .

Issue - All persons who have descended from a common ancestor. This includes children, grandchildren, and any other descendents of whatever degree.

Letters of Administration - An order of the Supreme Court of the Yukon Territory authorizing a named individual to handle the affairs of a person who died without a Will.

Per Stirpes - A type of distribution that results in a beneficiary's share being transferred to the beneficiary's children if the beneficiary dies before the maker of the Will rather than being divided among the other beneficiaries under the Will. If a testatrix leaves all of her property to her issue per stirpes, and has three children, A, B, and C, but C dies before the testator, then C's one-third share would go to C's children and not to A and B. The presence or absence of this technical term in a Will has very significant consequences and a lawyer's advice should be sought.

Personal Representative - The person with legal authority to wind-up the deceased's estate. The personal representative is an Executor or Executrix if appointed by a Will, and an Administrator or Administratrix if appointed by the Court where there is no valid Will, or no appointment of an executor or executrix in a valid Will.

Probate - The process of providing a Will by filing the Will in the Supreme Court of the Yukon Territory, together with the necessary documentation to establish that it is the last Will of the deceased and meets all legal requirements.

Property - A general term usually used to mean everything owned by a person. In law, the term "real property" refers to land and buildings, while personal property refers to everything else.

Public Administrator - A government official who is authorized by law to act as the personal representative of a deceased person in the event that no relative or creditor applies to the Court for Administration to act as administrator or administratrix of the estate of a person who dies without a Will.

Residual Estate - The remainder of an estate once all debts, expenses, and specific legacies and bequests have been paid or made.

Testate - Person dying leaving a Will.

Testator - A man who makes a Will.

Testatrix - A woman who makes a Will.

Trustee - A person who holds property on behalf of another. A trustee is required by law to administer the person's property fairly and in their best interests. An Executor or Executrix appointed under a Will is a trustee as he or she holds the deceased's property on behalf of the beneficiaries and creditors of the deceased. A person who is required to hold and invest a child's inheritance until age nineteen is also a trustee of that inheritance for the child. The Will may designate the personal representative, the child's guardian, another person or a trust company as a trustee for this purpose.

Will - A document which expresses the wishes of the person making it with respect to disposing of his or her property upon death. The Will usually appoints a person to handle all of the deceased's affairs and sets out who is to receive the deceased's property. In order to be valid, a Will must be signed and witnessed in the manner set out in the Wills Act .