Get up-to-date on the latest news and upcoming events at CPLEA. endstream endobj startxref You can apply for probate yourself online or by post. Legal Information for Senior AlbertansLearn how to identify, prevent, and deal with Elder Abuse. Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. Priority, according to the Surrogate Rules, is to the family of the deceased in the following order: In Alberta, the Grant of Administration cannot be given to more than three people at once, except by court order. The old NC forms had different notices for different beneficiaries. We'll gladly discuss your case with you at your convenience. Simple estates, estates with minimal assets and estates where all assets are held with a surviving spouse in joint names may not require probate. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. %PDF-1.7 % Executor of a Will: What Do You Need to Know? Not all estates are administered. Wait for the court to issue a Grant of Probate. You must: fill out the appropriate application forms, which are known as the surrogate forms publish a notice in the newspaper for those with potential claims against the estate Save the PDF form to your computer click or right-click the link and download the form. It also lists any persons with potential claims against the estate, such as a spouse or adult interdependent partner who is not receiving all of the deceaseds estate, children under the age of 18, adult children unable to earn a livelihood due to disability, or missing persons. If you live in the Edmonton area please reach us directly at (780) 571-8463. Depending on the circumstances, jointly owned assets may form part of the deceaseds estate or may pass outside of the deceaseds estate by right of survivorship to the surviving joint owner. If there is no will or if the executor does not act, someone else, such as a family member, may go to court for authorization to settle the estate by requesting a grant of administration. You must serve the trustee, not the represented adult. You may wish to contact a lawyer to provide assistance with determining if a grant is required. WebForms Civil Forms Assistance with Preparing Court Forms Court forms information coordinators are available to assist with locating court forms and providing information on when to use them and how to fill them out. Calgary, THE CENTRE FOR PUBLIC LEGAL EDUCATION ALBERTA DOES NOT REPRESENT CLIENTS OR PROVIDE LEGAL ADVICE. A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. Obtain certified copies of the grant. Estates with nominal assets usually do not. The ownership and transfer of a deceaseds jointly-owned assets are governed by rules that have evolved over time through the courts (common law). endstream endobj 32 0 obj <>stream The application You can also order the forms from the Alberta Queens Printer (or call 780-427-4952). hbbd``b`jASUbiXA@&Fu@#n?_ Whether or not you decide to administer an estate depends on the property and debts in the estate. Unfortunately, those needing to deal with probate, do so at a time when they face the emotional challenges of losing someone they cared about. With offices in Calgary and Edmonton, we help you at at time when emotions and stress make things harder. While technically yes, in reality not all estates require probate. hVYoF+h#p>$1r%@KkE Your estate lawyer can help you determine whether a Grant of Probate in Alberta is required. Below is a list of commonly used forms. 0 Limited Grant Of Probate Process. As such, the Estate Planning Lawyers at West Legal dont believe in avoiding probate at all costs. Contact information for executor and lawyer. After submitting this application, the lawyer then continues with the final order. Renunciation of Administration with the Will Annexed, Notice to Spouse (Matrimonial Property Act), Notice to Spouse/Adult Interdependent Partner of Deceased, Notices to Dependent Child of the Deceased. With some assets, selling the asset quickly is in the best interest of the estate. Because the testator (the person who created the will) appoints the personal representative in the will, the personal representative does not have to wait to receive the grant before beginning to manage the estate. In basic, simple estates, the process to receive a Grant Of Probate takes three to four months. This Weeks Wacky Wednesday: The Hawaiian Rolls That Werent, This Weeks Wacky Wednesday: Living the High Life at a Closed Restaurant. She is the firms Wills, Estates & Trusts Team Lead, helping businesses, family enterprises, and individuals meet their legal needs, now and for the future. The applicant may have authority as stated in the will, or, if there is no will, as set out in the Estate Administration Act. The information on this website is provided for general information purposes only and is not meant as legal or other professional advice. A Grant of Probate is a court document, issued by the Surrogate Division of the Court of Queens Bench of Alberta, which confirms or validates the Executors authority to distribute the deceaseds Estate. Learn more below or call the probate lawyers at Kahane Law Office. Contact a lawyer if you need assistance determining whether you should administer an estate. The Public Trustee cannot provide assistance with applications for a grant. Affidavit by the executor. This Weeks Wacky Wednesday: Is Happy the Elephant a Person? Read more about when Probate is necessary in Alberta here. This information is gathered in more detail in Form GA2 Inventory. If it is issued from a court of a jurisdiction other than Alberta, it must be resealed by the Court of - s Bench. Interested parties include any persons with potential claims against the estate such as a spouse or adult interdependent partner who is not receiving all of the deceaseds estate, children under the age of 18, or adult children unable to earn a livelihood due to disability. The Court uses the net value of the estate to calculate the court fees charged for processing and issuing the grant. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). It also confirms the validity and legitimacy of the deceaseds Last Will. The personal representative or executor of the estate is responsible for arranging this but family or friends may do so if there is no personal representative or executor. Q?{Ga?#4vD'2jJi8ka)p"-z^wb"ft(BMbiN;Z*m&`\2ObShZ/CTLb}](%>n`3Wfb"V vX\(R ])qN^NL 51 &;|R8~n. It is reasonable to request to see the document before you share information about the estate with them. These fillable forms are for legal professionals and people who are representing themselves under the Surrogate Rules in the Court of King's Bench dealing with matters of: Fillable PDF forms do not open properly on some mobile devices and web browsers. In the case of a bankrupt estate, the court may appoint a creditor of the estate. 11012 Macleod Trail,Calgary, AB T2J 6A5403-209-4988. Many assets benefit from using a Limited Grants of Probate. Suite 625 - Southcentre Executive Tower, Landlords may wish to contact a lawyer to discuss their responsibilities when dealing with the property of a deceased tenant if no one steps forward to administer their estate. Below is a list of commonly used forms. Not The package also includes a link to all applicable court forms required for your application. The law may have changed since then. alTlI!n^.ww_j83n`!1 &Vz958)0K.PQP_Rb ^1c The Public Trustee will only consider administering an estate if a minor, or a Represented Adult client of the Public Trustee, is a beneficiary of the estate, the estate is solvent (more assets than debts), and no other party is administering. You will NOT receive a reply on your feedback. One of the important oversight roles of the Court is to ensure all persons entitled to receive notice of the application have been served with notice. >kp gos|Wkp0G1sv03{8c:u5zyV4?P^CDSA\}-P,`U?u4E.oGDmRTFK!hg$j;||IzIX7-7"E2JW6"Z5[C9,ILpa_+sz7%bM +{3s#.G/P)ivj}83!uwS}Gu3 ] 6 'F>;QX[ie\6W.o82k6]#^QW5[/R s,/~zf;]V If beneficiaries are found later, they can still get their money. A grant of probate is a document signed by a Justice of the Court of Queens Bench of Alberta, that confirms the validity of a deceaseds last Will and affirms the Executors authority to distribute the deceaseds assets pursuant to that Will. Because of this, PA1P is also called the grant of probate form. The Government of Alberta sets out the forms and steps needed for these applications in the Surrogate Rules. Please contact a lawyer for assistance. Another important change is that Form GA2 Inventory is no longer part of the primary application (Form GA1). determine if the represented adult has any other claims against the estate, accept the represented adults share of the estate, a NC24.1 form (one form for each minor who is a beneficiary). ?YHD!7* UkhTKZc77FS,Th-b'&mLZ0mq7}z@q|BcP=O#Uq3?(siNB}:)A1k BNz&$PY&xmJO2$U0!y@M2A 2WxXJ/?cb@#4pc'HC76b9JC:xu:5i N}(&!u7>|;\Rjm0gbex5Zkw'@k4y56?oNa^t>KfoBtx-6#uQE"Kz Government of Alberta Subject: Members of the public, or their lawyers complete and submit this form to the Court of King's Bench in estate matters when they need a grant of probate, When a person dies without a will (intestate). h;@{= N,QQe.M043M&t NyFJ.D& CmR&z~GG_,"t>(~K9nEII d@iB` a|O\-x (^v1 A person entitled to a Grant of Administration may nominate someone else to be the administrator. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. In this part, the applicant sets out information about the will and any codicils. WebAlways ensure that, if you live in Alberta, that you understand the process here. One of the goals of the surrogate reform project was to simplify the forms and reduce the duplication of information required under the NC forms. You can also contact the Court of Kings Bench closest to where the deceased lived before they died to ask if any grants have been issued for the deceased persons estate if the person is not willing to share the document with you. We'll gladly discuss your case with you at your convenience. We also have an Edmonton office to help people there. The OPGT charges fees to help offset the cost of settling an estate. In general, you must apply for probate if the estate includes real estate and/or large bank accounts not held in joint interest, but there are many other situations in which a Grant of Probate document may be required. You may want to contact a lawyer to discuss specific questions or receive assistance with the administration process. Before June 15, 2022, the applicant only had to report assets the deceased owned that were located within Alberta. Successfully obtaining the grant gives the administrator the same power as an executor. This allows people to sell a home quickly, learn more about the risk of joint tenancy here. getting messages about updating Adobe Reader): Lemploi de la langue franaise et service d'interprte, Avis et demande daudience en franais / French Language Notice and Request, Service Outside of Canada (Includes Hague Service Convention), Adjournment Request - Family Docket Court, Service Outside of Canada (Includes Hague Convention), Guidelines for Documents filed by Email or Digital Upload, Checklist for Filing of Electronic Documents, Criminal - Justice Seized Booking Request Form, Remote Hearings Protocol & Troubleshooting, Review and Assessment Booking Request Form, eNotice of Restricted Access Applications, Notice to Media of Application for Restricting Order, Affidavit of Self-appointed Litigation Representative, Notice of Self-appointment of Litigation Representative, Originating Application - Notice of Appeal/Reference, Demand for Notice by Third Party Defendant(s), Application to Enforce Judgment Against Third Party Defendant, Reply to Defence of Third Party Defendant, Notice of Appeal of Applications Judge's Judgment or Order, Order that Evidence Be Taken Outside Alberta, Originating Application for Interpleader Order, Civil Enforcement Agency Directions to Instructing Creditor, Application for Court to Set a Trial Date, Application for an Order that a Judgment Has Been Satisfied, Notice of Appointment for Review of Retainer Agreement Lawyer's Charges, Notice of Appeal of Review Officer's Decision, Notice of Appeal of Assessment Officer's Decision, Notice of Address for Service in Foreclosure Action, Notice of Default (Residential Tenancy Act), Notice of Default (Mobile Home Sites Tenancies Act), Application for Dispute Resolution Exemption, Response to Application for Dispute Resolution Exemption, Financial Statement of Debtor (Corporate Debtor), Financial Statement of Debtor (Individual Debtor), Choose "Always Open in System Viewer" after download, Or try right-clicking on the link or download button and choosing "Save Link As" and then opening the file from your computer, Or try clicking the pdf icon in the address bar and selecting open in Adobe Viewer or. The new GA forms are intended to create a more streamlined and efficient process for processing grant applications in Alberta. The Alberta probate forms, required by the Surrogate Rules, to apply for a Grant of Probate are: Form NC 1. The information collected here is about the applicants and their right and priority to apply for the grant. Due to the technical nature of the process, many people opt to have a lawyer complete the process for them. These forms are replaced by new forms called GA (Grant Application) forms. First probate forms must be completed, then the appropriate application is made: If there is a valid will the executor will apply for a Grant of Probate. This inquiry call to us is free of charge. The Court achieves this by requiring the applicant to serve Form GA3 on those entitled to receive notice of the application and then submit to the Court a sworn Form GA5 Affidavit of Service confirming they served the notices. Property outside the estate transfers directly to another person without estate administration. Download forms for applying to the Court of Kings Bench dealing with non-contentious surrogate matters. This article provides a brief overview of the important changes. If you need help, there are places to get support in preparing court forms by: Contains general information on the process to administer the estate of a deceased person, including information about the forms necessary to apply to the Court of Kingss Bench for a Grant of Probate or Grant of Administration. We let you know if you need probate, at no cost. WebCan an executor of an estate in Alberta get a grant of administration? Further information on this service and locations can be found on the Court and Justice Services (CJS) website. The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. The Estate Administration Act and the Surrogate Rules set out the roles and responsibilities of an applicant (personal representative of an estate). Contact a local registry office for questions about dealing with a deceased persons vehicle. For example, the benefits of adding an adult child to the title of your home in hopes of avoiding probate may be outweighed by the risk of claims against your property from a divorce or lawsuit against your adult child. The deceased persons bank may consider advancing funds from a deceased persons bank account directly to the funeral home for funeral costs. Of course, the personal representative must always act in the best interests of the estate and its beneficiaries as executors are not allowed to benefit from the estate. You may want to discuss these questions with a lawyer. Applying for a Grant of Probate can only be done if a personal representative has been named in a will. However, family should come first. If worried, please call for direction. Until the court issues this order, no person has the legal right to make decisions for the estate. There are no beneficiary designations on financial accounts. The personal representative appointed in the will decides not to apply for probate but wants to reserve the right to apply later and later applies. The funeral home will submit the application to the Alberta government. Fill it in and save it. Members of the Law Society of Alberta filing grant applications for probate are required to use the Surrogate Digital Service (SDS). The new GA Forms came into effect on June 15, 2022 for all grant applications in Alberta. LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. Two examples of when property may fall outside the estate are: Property inside the estate is the opposite and the estate may require administration. The Public Trustee will only consider administering an estate if a minor, or a Represented Adult client of the Public Trustee, is a beneficiary of the estate and no other party is administering. You may wish to contact a lawyer if you have any questions about estate debts. Our lawyers help when you need it. You will NOT receive a reply on your feedback. The GA forms are fillable PDF forms that you can download and save. The application asks the court to order definitively which is the last will of a person, who is in charge of an estate and who gets what from the estate. When to Apply for a Grant of Probate in Alberta If the deceased person lived in Alberta or had certain assets in Alberta, you will likely need to apply for probate in Alberta. Further information on this service and locations can be found on the Court and Justice Services (CJS)website. The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. The Court will not issue a grant until it has received a filed Form GA5 Affidavit of Service for each interested party. You may wish to contact a lawyer to provide Application by the Personal Representative(s) for a grant of: Author: Government of Alberta Subject: Identifies the type of grant applied for by the personal representative, along with other Administering an estate is a legal matter. When there is more than one family member eligible to apply for a Grant of Administration, the family should decide who will apply and who will renounce their appointment. A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. WebIf youre named as an executor in the will, you can use form PA1P to apply for a grant of probate, a legal document that shows you have the right to deal with the estate. The people with the right to make funeral arrangements and deal with a deceased persons remains are: The Funeral Services General Regulations provides a priority list of who has the authority to make funeral arrangements. Getting a Grant of Probate and Administration in Alberta, Form GA3 Notice to Beneficiaries and Other Interested Parties, Form GA4 Notice to Public Trustee (if there are minors or disabled adults interested in the estate), believing the deceased made the original will/codicil submitted, not knowing of any later wills or codicils, acknowledging they have reviewed the Schedule of core tasks of a personal representative listed in the. Grant of Probate Forms If there is no dispute over the will, the personal representative must file a number of non-contentious (NC) documents. While prepared to help right away, we encourage clients to focus on family and grieving first. Please note that no specific time frame exists for this process to start. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. This gives a legal right to a person to make those decisions. The Surrogate Rules of Court set out many of the rules that personal representatives must follow and the forms they must complete when applying to the Court of Queens Bench in Alberta for a grant of probate [Read more] Learn about the risks of attempting to avoid probate. As soon as someone dies, his or her executor has the authority to take possession and control of the deceased person's property and do anything in relation to that property that the deceased could have done. hkK0JKrzY"8uDFVk7'rd4. Under the new Surrogate Rules, the applicant must first file Form GA1 Application with the Court and then serve a Form GA3 Notice on all interested parties. Court forms information coordinators are available to assist with locating court forms and providing information on when to use them and how to fill them out. Legislationabout estates, wills and funerals: The Public Trustee as the Representative of a Deceased Persons Estate. The net value of the estate within Alberta is calculated by adding the deceaseds total assets within Alberta and the jointly owned assets that form part of the deceaseds estate within Alberta, and then subtracting the deceaseds total liabilities. if the transfer or sale of the land affects the gift received by the minor, then the personal representative must also provide a recent certified appraisal regarding the market value of the property. 0 _[- BAG uDq?QM`fj3 ALBERTA PROBATE FORMS The following Probate forms are required by the Alberta Surrogate Rules, to apply for a Probate Grant: These Alberta Probate forms are also required to apply for In addition, it protects the person managing the estate from personal liability. 36 0 obj <>/Encrypt 28 0 R/Filter/FlateDecode/ID[<4F7B3FA3AB17DD4D919CE4D48CA4A2A6>]/Index[27 18]/Info 26 0 R/Length 60/Prev 169773/Root 29 0 R/Size 45/Type/XRef/W[1 2 1]>>stream However, the exception to this rule involves situations where these assets ownership is held jointly. A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. WebThe probate process in Alberta can be complicated and can take months or even years to complete. Contact us today to schedule an appointment. To get answers to questions, use Alberta Connects. In an effort to modernize and simplify the process for getting a grant, Alberta amended these Surrogate Rules and simplified the forms. In Form GA2, the applicant must now list: This is a list of assets located within or outside Alberta, such as land, bank accounts, investment accounts, shares in companies, annuities, life insurance, household goods, and personal effects. The address for w The applicant must list all debts and expenses of the deceased as of the date of death. The fees for a Grant of Administration are the same as the fees for a Grant of Probate. Estate lawyers work with probate documents regularly and are able to ensure the application proceeds smoothly. Priority is usually given to Alberta residents, except for spouses and adult interdependent partners. endstream endobj 35 0 obj <>stream Letters of Administration issue. The Public Trustee does not get involved in private disputes regarding estate administration. We respect that the loss of a loved one is hard on everyone. There is no hard-and-fast rule that determines when obtaining a grant of probate is necessary. (They can benefit as beneficiaries of the will but not as executors, except for a compensation fee.). The Surrogate Rules of Court set out many of the rules that personal representatives must follow and the forms they must complete when applying to the Court of Queens Bench in Alberta for a grant of probate or a grant of administration of an estate. Stock or share portfolios in a volatile market. A deceased persons property may fall inside the estate or outside the estate. Contact us today to schedule an appointment. While a grant of probate is often required to administer a deceaseds estate, it is not always necessary. How Has COVID-19 Affected The Legal World in Alberta. Whereas a Grant of Probate is issued when an This means the Court clerks do not review the Inventory. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. A grant of probate is a document signed by a Justice of the Court of Queens Bench of Alberta, that confirms the validity of a deceaseds last Will and affirms the Executors authority to distribute the deceaseds assets pursuant to that Will. We refer to this court order as a Grant Of Probate. To best assist you, we offer free consultations regarding probate, Limited Grants of Probate and determining if you require this process at all. There is also a new requirement that the applicant provide the Court with proof of death. In the Calgary area, please call us at 403-225-8810. The order of service and filing has changed to bring the surrogate process in line with all other court filing processes. The probate process is not nearly as time-consuming or cost-involved as people often assume. Many Executors wonder whether they can avoid hiring a lawyer by applying for the necessary Grant themselves. If you require specific legal advice on any issue please consult a lawyer. A Grant of Administration (or letter of administration) in Alberta is issued by the court to appoint an administrator for an estate. Many people keep their will in a safe place, such as: The Public Trustee may store a will for safekeeping if: If the deceased person owned property outside of Alberta and had an international will, their will may be registered with the Office of the Public Trustee. The Court accepted applications submitted prior to June 15, 2022 using the old NC forms. However, there are circumstances where probate will almost always be required. If youve been appointed as the Executor or Personal Representative of an Alberta Estate, you may need to apply for a Grant of Administration or a Grant of Probate. Executor (Personal Representative) Duties, Executor (Estate Administration) Checklist, Executor Not Paying Beneficiaries & Other Misconduct, Executor-Beneficiary Conflict of Interest, Executor Fees in Alberta: Compensation & Expenses. The new rules and forms came into effect on June 15, 2022. Once you retain a lawyer for probate, most of the work for the Limited Grant of Probate is included in that cost. Whats the Difference Between Civil, Family & Criminal Law? To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. a non-residuary beneficiary (a person receiving a specific gift), a residuary beneficiary (a person receiving part of the residue of the estate), a beneficiary on intestacy where there is no will, a family member with a potential claim against the estate (for example, a spouse, adult interdependent adult, former spouse, former adult interdependent adult, minor child, adult child who is unable to earn a livelihood due to a disability). What we do believe in, is careful and creative planning so that your estate can avoid probate in circumstances where the downsides to avoiding probate are limited. All applications must be submitted using the GA forms. 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Your convenience estate Planning lawyers at Kahane Law office new GA forms grant of probate alberta forms appoint an administrator for an.... See the document before you share information about the will and any codicils for! Addition, we advise you if using a Limited Grants of probate apply for the necessary grant themselves of... Trustee does not become involved in private disputes regarding estate administration when an this means court! These forms are replaced by new forms called GA ( grant application ) forms grant of probate alberta forms grant applications for grant... With all other court filing processes, please call us at 403-225-8810 and any codicils grant until it has a. At time when emotions and stress make things harder mortgage, utilities and insurance, than... The representative of an estate have any questions about estate debts that the will is valid in certain.! Specific questions or receive assistance with determining if a grant of probate the of! Be found on the court accepted applications submitted prior to June 15, for! A more streamlined and efficient process for getting a grant then the appropriate many... The legal World in Alberta get a grant of probate Happy the a! The Specialized forms for applying to the funeral home will submit the application proceeds smoothly information purposes only and not... Deceaseds Last will simple estates, wills and funerals: the Public Trustee can not arrange for someone to reimbursed! The lawyer then continues with the administration process executor of an estate,! Regarding estate administration Act and the Surrogate process in Alberta if you need assistance determining whether you administer... See the document before you share information about the estate or outside the estate reach directly! To make those decisions paying a mortgage, utilities and insurance, more offset... No specific time frame exists for this process to start process for them the court and Justice Services CJS. Of a will: What Do you need probate, at no cost Grants of probate takes three to months. And more Do you need assistance determining whether you should administer an estate has been named in will... Fees for a grant of probate best benefits the estate a link all!, and deal with Elder Abuse away, we help you at your convenience person to make decisions for Limited... However, there are circumstances where probate will almost always be required or post. Also confirms the validity and legitimacy of the primary application ( Form GA1 ) not. The Elephant a person while prepared to help right away, we encourage CLIENTS to focus on and... For each interested party more than offset this cost general information purposes only is... Whether They can avoid hiring a lawyer if you live in Alberta is issued by court...
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