Overview
The Public Guardian and Trustee (PGT) protects the financial and legal interests of vulnerable adults, children and youth, and estates. We perform a range of legal reviews for the court. These include commenting and making recommendations to the court on matters such as:
- Applications for the appointment of private committees and private trustees
- Proposed injury claim settlements for minors or incapable adults
- Investigating or reviewing accounts of private trustees
- Acting as litigation guardian
- Applications to vary wills
We charge fees for these services, based on the service provided and the amount of the settlement or claim being investigated.
All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. Please note that 5% GST is payable on all PGT fees.
Fees for protective legal reviews for adults
| Fee | Amount |
|---|---|
| Responding to a notice of application for committee of estate and/or person (Patients Property Act, s.7) |
$500 |
| Examining other court applications pertaining to committee issues (Patients Property Act s.28) |
$300 |
| Reviewing gifts or bequests to a licensee (Community Care and Assisted Living Act s.18) |
$100 |
| Examining applications under the Trust and Settlement Variation Act (Trust and Settlement Variation Act s.3) |
$750 |
| Examining a proceeding to vary a will (Wills, Estates and Succession Act s.61) |
$100 |
| Reviewing and commenting on a proposed settlement of a proceeding to vary a will (Wills, Estates and Succession Act Division 6 of Part 4) |
$500 |
| Reviewing an application for grant of probate or administration on behalf of an adult intestate successor/beneficiary believed to be incapable (Estate Administration Act s.112* or Wills Estates and Succession Act s.121 or s.138) *This fee applies for deaths occurring before March 31, 2014. |
$300 |
| PGT acting as litigation guardian (Public Guardian and Trustee Act s.7) |
$350 |
| Review a Notice to Proceed under the Limitation Act (Limitation Act S. 20) |
$500 |
Fees for protective legal reviews for children and youth
Note that for the purposes of this table, the term “minor” refers to a person in B.C. who is under the age of 19. It also includes an “infant” for purposes of the Infants Act and a “child” for purposes of the Family Law Act.
| Fee | Amount |
|---|---|
| Consenting to the dismissal of all or part of a minor’s legal claim (Infants Act s.49) |
$250 |
| Proposed infant settlement amount under $1,500 | $100 |
| Proposed infant settlement amount over $1,500 up to $5,000 | $250 |
| Proposed infant settlement amount over $5,000 up to $10,000 | $300 |
| Proposed infant settlement amount over $10,000 up to $15,000 | $500 |
| Proposed infant settlement amount over $15,000 up to $50,000 | $750 |
| Proposed infant settlement amount over $50,000 up to $100,000 | $1,250 |
| Proposed infant settlement amount over $100,000 up to $500,000 | $2,000 |
| Proposed infant settlement amount over $500,000 | $3,000 |
| Private trustee application review fee: Examining and responding to an application to appoint a trustee of a minor’s estate (Family Law Act s. 179 (2) or 180 (f) or Wills, Estates and Succession Act s.153 (3)) | $500 |
| Reviewing an application to court to grant capacity to a minor (Infants Act s.21) |
$200 |
| Responding to an application for default judgement against a minor (Infants Act s.49) |
$250 |
| Responding to notice to proceed under the Limitation Act (Limitation Act s.20) |
$500 |
| Reviewing applications to court to sell real property owned by a minor (Infants Act s.2) |
$250 |
| PGT acting as litigation guardian (Public Guardian and Trustee Act s.7) |
$350 |
| Examining applications under the Trust and Settlement Variation Act (Trust and Settlement Variation Act s.3) |
$750 |
| Examining a proceeding to vary a will (Wills, Estates and Succession Act s.61) |
$100 |
| Reviewing and commenting on a proposed settlement of a proceeding to vary a will (Wills, Estates and Succession Act Division 6 of Part 4) |
$500 |
| Reviewing an application for grant of probate or administration on behalf of a minor intestate successor/beneficiary (Estate Administration Act s.112* and Wills, Estates and Succession Act s.121 or 138) *This fee applies for deaths occurring before March 31, 2014. |
$300 |
| Review accounts of, or investigating private trustees | |
| Value of assets at end of accounting period is up to $100,000 | $125 |
| Value of assets at end of accounting period is over $100,000 but not over $250,000 | $200 |
| Value of assets at end of accounting period is over $250,000 but not over $375,000 | $250 |
| Value of assets at end of accounting period is over $375,000 but not over $500,000 | $300 |
| Value of assets at end of accounting period is over $500,000 but not over $600,000 | $350 |
| Value of assets at end of accounting period is over $600,000 | $400 |
Fees for protective legal reviews for estates and personal trusts
| Fee | Amount |
|---|---|
| Acting as litigation representative of estate (Wills, Estate and Succession Act s. 150 or Estate Administration Act* s.9 (1) (b) or s.59 to 61) *This fee applies for deaths occurring before March 31, 2014. |
$300 |
| Reviewing an application to the court and providing comments (Estate Administration Act* s.7 or 41) *This fee applies for deaths occurring before March 31, 2014. |
$150 |