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PROBATE CLASS ACTION

NOTICE TO CLASS MEMBERS

Description of the Proceeding

On October 28, 1998, Janet Majnarich commenced a class action against
the BC Government for a declaration that the Government's collection
of probate fees was unconstitutional, and for return of the probate
monies paid by her as executor.  On December 22, 1998, the Supreme
Court of British Columbia ordered that Alfreda Howard be joined as a
Plaintiff to Ms. Majnarich's action.

On March 15, 1999, the Supreme Court of British Columbia ruled that
this action may proceed as a class action and that Alfreda Howard may
act as representative plaintiff in the class action. 

The Class Members include all estates in British Columbia:

1. in which the gross value of all of the real and personal property
of the deceased physically situate in British Columbia passing to the
personal representative of the estate exceeded $50,000; and

2. that paid a probate fee after April 1, 1997 under B.C. Reg. 221/90,
Appendix C, Schedule 1, s.20  for a grant or ancillary grant of
probate or administration, or for resealing under the Probate
Recognition Act (the "Fee").

The claim against the Government is for recovery of all amounts paid
to the Government by all class members in relation to the Fee.

The class action has two stages. The first stage is resolution of the
common issues.   The common issues which will be resolved are as
follows:

1.  	Is the amount payable after April 1, 1997 pursuant to B.C.
Reg. 221/90 as amended by B.C. Reg. 90/97 in relation to the grant of
probate or letters of administration to an estate with a value in
excess of $50,000 a tax?

2.  	If the amount payable is a tax, is the tax lawful having
regard for the Constitution Act, 1867 (U.K.), 30 & 31 Vict., 31?

3.  	If the amount payable is an unlawful tax:

(a)  	Is recovery of the amount paid permitted to any person?

(b) 	if recovery is permitted, is it permitted to a person who

             paid:

(i) 	without protest prior to October 23, 1998?
(ii) 	under protest prior to October 23, 1998?
(iii)  	without protest after October 22, 1998?
(iv)  	under protest after October 22, 1998?

If  these common issues are resolved  in favour of the class,  the
Court will determine what steps class members need to take in order to
recover any amounts payable.

Participation in the Class

The lawyers for  the representative plaintiff are:

Branch MacMaster   (attn: Ward Branch)	
1210-777 Hornby Street	
Vancouver, British Columbia	
V6Z 1S4	
Phone: 654-2988   Fax: (604) 684-3429

Email: wbranch@branmac.com

Website: www.branmac.com


John Motiuk
Barrister & Solicitor
Burnaby, British Columbia

Ms. Howard will instruct these lawyers during the common issues stage.
If a class member wishes to participate in the common issues stage
directly, they must make an application to the Court. 

Any person who may be a member of this class and who wishes to receive
ongoing information about the status of the class action should
contact Branch MacMaster or visit Branch MacMaster's web site
www.branmac.com.

Time to Opt Out of the Class Action
	
All current residents of British Columbia who fall within the
definition of the class but who do not want to be a member of this
class must opt out of the class by delivering an opt out form to
Branch MacMaster by mail post-marked no later than May 14, 1999.

Copies of this notice and the opt out form are being mailed by the
government to the address provided in the probate files of all estates
which fall with the class definition. However, if you are concerned
that the address in such a file is out of date or if you wish to
receive a copy of the opt-out form immediately, please contact Branch
MacMaster at (604) 654-2988. 

All members of the class will be bound by the judgment of the Court on
the common issues unless they have opted out of the class.

Financial Consequences of the Class Proceeding

Members of the class will be entitled to the benefit of a successful
judgment of the Court on the common issues.  If the action is not
successful on the common issues, no member of the class will be
responsible to pay the costs of the Defendant. 
 Fee Agreement

Ms. Howard has entered into a fee agreement with Branch MacMaster and
John W. Motiuk which provides for the firms to be paid a portion of a
settlement or favourable judgment. This fee agreement compensates the
firms for legal services rendered and reimburses them for
disbursements (such as photocopying expenses) incurred in the
litigation. This agreement must be approved by the Court before it is
enforceable. Once approved by the Court, the same fee agreement will
apply to all class members.  

If no money is recovered in any settlement or judgment, neither Ms.
Howard, Ms. Majnarich, nor any class member is required to reimburse
any disbursements or pay any fees to the law firms.


If you have any questions regarding this notice, please contact Branch
MacMaster at (604) 654-2988 or by email to wbranch@branmac.com.