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Effective Jan. 1, 2024

Alberta government increasing access to justice in French

Nov 30, 2023 | 4:51 PM

Officials with the Alberta government say new rules will remove the requirement for wills to be translated from French to English.

Translating wills from French to English when applying for probate can be time-consuming and adds additional costs for applicants, officials point out. Effective Jan. 1, 2024, Alberta’s government says it is enacting changes to the Surrogate Rules to eliminate this requirement at no additional cost to the applicant, as the Court of King’s Bench of Alberta has justices and clerks proficient in French. The government says making this change will align Alberta with Manitoba, Ontario, Quebec and New Brunswick.

“We want to ensure all Albertans have a more seamless, efficient and accessible justice system, and are proud to include this service for the French-speaking community. Removing the French to English translation requirement will save Albertans time and money when filing estate documents and ensure efficient use of court resources,” says Mickey Amery, Minister of Justice and Attorney General.

In addition, Alberta’s government says it will make changes that clarify language, align paper and digital application processes and update how estate documents can be served through email and other electronic means. These changes, says the government, add to the suite of French language services available to Albertans, including access to interpretation services, request for trial in French and many other court services available in French.

“Alberta is home to thousands of French speakers, and this change to the justice system is another example of how Alberta’s government is supporting them,” says Tanya Fir, Minister of Arts, Culture and Status of Women. “Alberta is Calling is attracting thousands more people to our province, including from French-speaking jurisdictions. We are committed to supporting Alberta’s Francophonie to access key services and preserve their cultural heritage.”

“These amendments confirm the ability of Albertans to make and rely upon wills written in either of Canada’s official languages without their having to incur the expense of translation when those wills are probated. As well, these amendments will make service of documents easier for the legal community,” adds David Koski, lawyer, The Estate House and member of the Surrogate Rules Advisory Subcommittee.

Alberta government quick facts

  • The Surrogate Rules set out the process to apply for the court’s approval to administer the estate of a deceased person, including the forms necessary to apply to the Court of King’s Bench of Alberta for a Grant of Probate or Grant of Administration.
  • The Alberta Court of Justice and Court of King’s Bench of Alberta criminal rules and forms are posted on the courts’ websites in both English and French.

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