The Act exempts qualifying soldiers’ estates from certain Court of King's Bench and land titles fees, requires judges to mark the instrument as a “soldier’s estate,” allows judges to require evidence of entitlement, and requires a record of waived-fee estates to be kept.
The Soldiers' Estates Act, C.C.S.M. c. S170 bilingual version (HTML) WHEREAS it is desirable to provide that the Court of King's Bench and land titles offices and officials thereof charge and collect no fees for any documents, registration, or clerical services, in connection with the administration or probate of the estates of deceased soldiers; HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: S.M. 2004, c. 42, s. 51 . Definition of "soldier" 1 In this Act, the expression "soldier" means (a) a person who, at any time after August 1, 1914, and prior to September 1, 1921, was a resident of the province and either (i) enlisted and was mobilized as a volunteer in the forces raised by the Government of Canada in aid of His late Majesty King George V in the war waged by the then German Emperor and his allies against His late Majesty and His late Majesty's allies; or (ii) left Canada to join the navy or army or aviation services of His late Majesty, or of any of his allies, in the said war as a volunteer or reservist, and did so join; or (iii) enlisted in any branch of the Imperial army or navy or aviation services, recruiting in Canada; or (iv) was drafted into the Canadian army under The Military Service Act , 1917 , being chapter 19 of the Statutes of Canada , 1917 (7-8 George V) and accepted for active service; or (b) a person who is or was at any time after September 1, 1939, a resident of Manitoba and who enlisted or was called out for service, in the forces of His late Majesty King George VI or of any of His late Majesty's allies during the continuance of the war with Germany and powers allied or associated with Germany, or with any one or more of them, which war was declared by His late Majesty September 10, 1939, against Germany and subsequently against other powers; or (c) a person who, at any time since the termination of the war to which reference is made in clause (b), became or becomes a member of the regular force of the Canadian Forces as defined in the National Defence Act (Canada) and served or serves, as such a member, (i) in any war, armed conflict, or military action in which those forces are engaged; or (ii) outside Canada in any garrison, occupation, or peace-keeping force supplied by Canada, or to which Canada has contributed or contributes personnel. Exemption from payment of certain fees 2 No fees shall be charged to any person representing the estate of a soldier dying on, or as a consequence of, active service (a) in any war, armed conflict, or military action; or (b) in any garrison, occupation, or peace-keeping force; to which reference is made in clause 1(a), (b) or (c), by any Court of King's Bench or land titles office, or any judge or official thereof, for any registration, instrument, or services connected with the administration, probate, distribution of the assets of, or other proceeding in, such an estate. Endorsation of instruments of soldiers' estates 3 When letters probate, a grant of administration or of guardianship, or an order in respect of such an estate is issued by the Court of King's Bench, the judge thereof shall endorse upon the instrument in writing or by stamp the words "soldier's estate" and affix their signature thereunder; and the endorsement shall be notice to all persons thereafter dealing with the instrument that it is issued in respect of the estate of a soldier and that no surrogate or land titles fees are to be charged upon that or other subsequent instruments connected with that estate. Evidence as to claim for exemption from rules 4 A judge of the Court of King's Bench may make such inquiries, and require such evidence, as may be necessary to satisfy themselves that the estate for which letters probate, grant of administration or guardianship, or any order, is sought is the estate of such a soldier and entitled to be exempted under this Act from the payment of fees. Record of fees waived to be kept 5 In each land titles office and the Court of King's Bench office a record of each estate on which no fees are to be charged under this Act shall be kept and the record shall be accessible to the Auditor General at all times. S.M. 2001, c. 39, s. 31 .