Summary#
Bill 35 would change the fees, called a “tax” in the law, charged to an estate when probate or estate administration documents are issued in New Brunswick. It would also update wording in the French version of the Probate Court Act. The bill was introduced but has not been shown as passed in the supplied material.
- For estates worth up to $20,000, the charge would be $200.
- For estates worth more than $20,000 and up to $100,000, the charge would be $200 plus $5 for each $1,000, or part of $1,000, above $20,000.
- For estates worth more than $100,000, the charge would be $600 plus $15 for each $1,000, or part of $1,000, above $100,000.
- The charge would apply to most grants of probate or estate administration.
- The French wording would be revised to clarify that the charge also covers each approval of estate accounts and related services.
What it means for you#
- Estates: An estate would pay a charge when probate or estate administration documents are granted. The amount would depend on the value of the estate, or the part being administered.
- Estates worth $20,000 or less: The charge would be $200.
- Estates worth $100,000: The charge would be $600.
- Estates worth $500,000: The charge would be $6,600, based on the proposed formula.
- Estate representatives: People handling an estate may need to include this charge when planning payments and distributions.
- Estate accounts: The French text would expressly refer to charges for approval of accounts, including related services. The supplied material does not explain whether this changes the amount charged for those services.
- Special or restricted grants: The bill excludes special or restricted grants, supplementary grants of probate, and grants of administration for assets not dealt with by the original administrator from the charge described in this formula.
- Timing: No start date is provided in the supplied material.
Expenses#
The bill would create or set charges paid by estates, but the supplied material does not compare the proposed amounts with the current amounts.
- Estates would pay between $200 and an amount that rises with estate value.
- The charge would be a public revenue source for the province.
- Estate representatives and lawyers may need to account for the charge when handling an estate.
- No estimate is provided for provincial revenue, administrative costs, enforcement costs, or savings.
- No publicly available information.
Proponents' View#
No separate statements from supporters were supplied. Based on the bill text, possible arguments for it include:
- The bill would set out a clear formula for calculating the charge based on the value of the estate.
- The three-tier formula could make the charge easier for estate representatives and the Probate Court to calculate.
- The changes to the French wording could make the law more consistent and clearer for French-speaking users.
- The bill appears intended to clarify which probate and estate administration services are covered.
Opponents' View#
No separate statements from critics were supplied. Possible concerns based on the bill text include:
- The bill may increase or decrease charges for some estates, but the current rates are not provided, so the effect cannot be determined from the supplied material.
- The charge rises quickly for estates worth more than $100,000. For example, each additional $1,000 above that amount would add $15.
- The bill does not explain why these charge levels were selected or how they compare with the cost of providing court services.
- It is unclear whether the bill changes the charge for approving estate accounts or mainly clarifies the French wording.
- The bill does not provide estimates of its effects on estates, provincial revenue, or court administration.