Estates Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1048/FullText.html

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Estates Regulations

C.R.C., c. 1048NATIONAL DEFENCE ACT
Regulations Respecting the Administration and Distribution of the Estates of Deceased Members of the Canadian ForcesShort Title

1 These Regulations may be cited as the Estates Regulations.

Interpretation

2 In these Regulations, unless the context otherwise requires,

deceased member
deceased member includes any member who has been officially reported as dead or presumed dead in accordance with the appropriate service regulations from time to time in force; (membre décédé)
Director of Estates
Director of Estates means the person appointed by the Minister of National Defence, under these Regulations, to administer the service estates of members of the Canadian Forces who die during their service as such members; (directeur des successions)
member
member means any person serving in the Canadian Forces; (membre)
Minister
Minister means the Minister of National Defence; (ministre)
service estate

service estate means the following parts of the estate of a deceased member of the Canadian Forces:

(a) balance of service pay and allowances,
(b) all other emoluments emanating from the Crown that, at the date of death, are due or otherwise payable,
(c) effects issued by the Crown that, under regulation, he is permitted to retain, and
(d) personal belongings, including cash, found on the deceased member or in camp, quarters or otherwise in the care and custody of the Canadian Forces. (succession militaire)

Application

3 These Regulations shall apply in respect of a member notwithstanding anything to the contrary in the provisions of any regulation or order relating to the unit of the Canadian Forces in which such member was serving at the date of his death.

Service Estates

4 The Minister shall appoint a Director of Estates who shall be a barrister of at least 10 years standing and who shall be directly responsible to the Deputy Minister of National Defence, and such officers, clerks and employees as are necessary for the administration of the service estates of the deceased members may be appointed in the manner authorized by law.

5 The service estate of a deceased member shall be subject to service debts, which are a first charge or lien against the said estate, and shall be payable by the Director of Estates as preferential charges to the exclusion of all other debts and liabilities, in the following order:

(a) quarters;
(b) mess, canteen, band and other service accounts;
(c) service clothing, appointments and equipment purchased by the deceased member not exceeding a sum equal to six months pay of the deceased and having become due within 18 months before his death.

6 The decision of the Minister shall be final and binding in all cases where a question arises in relation to the payment or disposition of any preferential charge.

7 The Director of Estates may administer the service estates of deceased members and

(a) where an executor or an administrator has been appointed by a court of competent jurisdiction, the Director of Estates may cause to be delivered over to such executor or administrator for distribution, the net assets of the said service estate in his possession;
(b) where no executor or administrator has been named by a court of competent jurisdiction, the Director of Estates 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;
(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 Director of Estates shall convert the net assets, or such balance thereof, into cash and pay those assets 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.

8 No person shall have, as a matter of right, any claim against the service estate of a deceased member.

9 The Director of Estates shall, in the exercise of his powers, duties and functions under these Regulations, to the exclusion of all other authorities and persons, have the same rights and powers in respect of the service estate of a deceased member as if he had been appointed an executor or administrator of that estate by a court of competent jurisdiction.

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

11 The Minister shall prescribe the procedure to be adopted and issue such direction as may be necessary for the due administration of service estates, to give effect to these Regulations and to carry out the spirit and intent thereof.