In March of 1995 when the new Surrogate forms and rules came into effect, the Surrogate Rules Committee suggested fee guidelines of:
Lawyers - Core Legal Services (on the gross value of the estate)
- up to $150,000.00 - Base fee of $2,250.00
- plus ½ X 1%
- over $150,000.00 - Base fee of $2,250.00
- plus 1%
- Non-Core Legal Services - on a quantum meruit basis. (As much as he
deserves; or as much was promised to be paid for the work done.)

Personal Representative(Executor) - LESA Guideline - the beneficiaries must approve the fees and expenses or the Court must order them. There are 3 categories of fees:
1. Fees charged on the gross capital value of the estate;
2. Fees charged on the revenue received by the estate during administration;
3. Care and management fees charged in trust estates.
Capital fees should not exceed 5% of the gross value of the estate;
Revenue fees should not exceed 6% of the revenue receipts;
Unless unusual circumstances warrant a higher fee for either capital fees or revenue fees; fees are not charged on disbursements.

Personal Representative’s Compensation and Duties are set out in the Surrogate Rules, Schedule 1, Part 1 (Page 6.2.2)
Stating: 1(1) Personal representatives may receive fair and reasonable compensation for their responsibility in administering an estate by performing the personal representatives’ duties.
Then going on to: factors to be considered, additional compensation, compensation fixed in the will, shared compensation, pre-taking compensation, lawyer performs personal representatives’ work; schedule on accounting, expenses, and Duties.

Lawyer’s Compensation is set out in the Surrogate Rules, Schedule 1, Part 2 (Page 6.2.6)
Stating the Categories of service, personal representatives’ duties, agreement, lawyer as personal representative, factors to be considered, disbursements, statement of fees and disbursements to be in writing, taxing accounts; Table 1 defines Core Legal Services and Table 2 defines Non-Core Legal Services.

Fees are charged pursuant to the Court Fee Schedule on the net value of the estate:
$10,000 and under $25.00
over $10,000 but not more than $25,000 $100.00
over $25,000 but not more than $125,000 $200.00
over $125,000 but not more than $250,000 $300.00
over $250,000 $400.00

And are set out the in Surrogate Rules of Court, Schedule 2, page 6.3.1

After the Certificate of Service on the Debtor is complete, the money becomes available to pay out after 15 days from the date of service or the date of  the monies were recieved by the court, which ever is greater. The Garnishee (employer, bank, etc.) serves the Debtor. The date of service is determined by how the Garnishee Summons was served. If the Garnishee Summons was served personally on the Debtor, the service is deemed on the day the summons was served. If the Garnishee Summons was served by mail on the Debtor, the service is deemed 7 days after the summons was mailed. After service has been deemed effective.
By mail - 7 days from mailing + 15 days
Personal - date of service + 15 days
If the Debtor has more than one Enforcement Creditor interested party or surplus, a statement is sent out to all interested parties showing how the Clerk intends to distribute the money. All parties have 25 days (15 days per the rules; 7 days for mailing; 3 days desk work) to object to the distribution. If the creditor has costs associated with the collection process, a Bill of Costs must be filed and taxed by the Clerk of the Court and then filed at the Personal Property Registry. The costs for filing the Bill of Costs at the PPR and the discharge of the writ after collection can be claimed at the time the Bill of Costs is filed.

Within 30 days of the Provincial Court order being
(a) entered in Court of Queen’s Bench pursuant to S. 56 of the RTA
and served
• The Appellant must file, with the Court of Queen’s Bench an Originating Notice
• with copies of all notices, documents and affidavits filed in the Provincial Court in respect of the application made in the Provincial Court
• The Appellant must also file a copy of the Order which is being appealed.
• There is a $200 filing fee.
(The items listed must be served on the other parties to the action at least 3 days, exclusive of holidays and Saturdays, before the day named in the originating notice for the hearing of the application.)