2(1)There shall be a court of record styled The Probate Court of New Brunswick having the power to take the probate of wills, to grant administration of the estates of deceased persons throughout the Province, to recall or revoke grants, to supervise the administration and distribution of estates, and to perform the other duties as directed to be performed under this Act, subject to the rules, regulations and directions prescribed by this Act, and all presently existing probate courts shall be amalgamated and continued in the Court.

2(2)Where there is a reference in any other Act to a probate court or a judge thereof, that reference shall be deemed to be a reference to The Probate Court of New Brunswick or a judge thereof.

3(1)Without derogating from the jurisdiction of the Court of King’s Bench and subject to the Judicature Act, all jurisdiction and authority in relation to matters and causes testamentary and all matters arising out of or connected with the grant, recall or revocation of grant of probate or administration are vested in the Court; and save as may be otherwise directed by this Act or the rules, such jurisdiction and authority shall be exercised in the manner hitherto in use.

3(2)Without in any way derogating from the generality of the foregoing, but subject always thereto, the Court has exclusive jurisdiction and authority in the following items:

4(1)The Registrar shall be provided with and have custody of the Seal of the Court as approved by the Lieutenant-Governor in Council.

4(2)The Registrar shall provide facsimile seals to each probate office, the custody of which shall be with the clerk of each office.

5(1)The Lieutenant-Governor in Council may establish probate offices in each judicial district for the carrying on of common form business and all other proceedings relating to the administration of estates.

5(2)The sittings of the Court shall be held in the premises where a probate office is established or in such other premises as the judge directs, and shall be presided over by a judge.

9(1)Every judge of the Court of King’s Bench is ex officio a judge of the Court.

11(1)The Registrar and deputy registrars of the Court of King’s Bench appointed under the Judicature Act shall be the Registrar and deputy registrars of the Court, and shall have such powers and perform such duties as are prescribed by the Lieutenant-Governor in Council, this Act and the rules and regulations under this Act, the Minister of Justice and a judge.

11(2)The Registrar, before entering upon the duties of his office, shall

12(1)The Lieutenant-Governor in Council may appoint for each judicial district a suitable person as clerk, who shall perform and exercise within that judicial district all the duties, powers and authority of clerk prescribed by this Act and the regulations made hereunder.

12(2)The Minister of Justice may appoint deputy clerks for each judicial district who may perform the duties and exercise all the powers and authority of clerks during the period for which such appointment is made or, where the appointment is not for a definite period, until such appointment is countermanded, and the provisions of subsections (3) and (4) apply, mutatis mutandis, to deputy clerks.

12(3)Each person appointed in accordance with subsection (1) shall be called “Clerk of the Probate Court of New Brunswick for the Judicial District of                                                                                ” and is entitled to receive on behalf of the Province the fees prescribed by regulation under this Act and the tax payable under this Act.

12(4)A clerk shall be paid for all services performed by him such fees as the Lieutenant-Governor in Council may prescribe.

12(5)Every clerk and every deputy clerk, before entering upon the duties of his office, shall take and subscribe the following oath or make and subscribe the following affirmation:

14(1)In this section “holiday” means

14(2)Except on holidays, when probate offices shall be closed, every probate office shall be kept open from 9:30 a.m. until 4:30 p.m. each day.

20(2)Notwithstanding anything in this Act or the rules to the contrary, if the probate value of the estate does not exceed three thousand dollars it is not necessary for the Public Trustee to be appointed by order of the Court as administrator of the estate, but the Public Trustee in such case has the same power and authority to administer the estate as if he had been appointed by order of the Court to administer the same, upon satisfying the Registrar by affidavit filed that he is competent to take out administration of the estate and that the probate value of the estate does not exceed three thousand dollars.

20(3)Where the Public Trustee becomes empowered to administer the estate pursuant to subsection (2), letters of administration shall be issued to him.

25(1)For the purposes of this section,

25(2)Upon being satisfied that a pensioner has died intestate two months previously leaving a pension estate and that no other person has been or is likely to be granted administration of the pension estate, the Public Trustee may, without letters of administration or order from the Court, enter upon administration of the pension estate.

25(3)Where the Public Trustee enters upon administration of the pension estate of a deceased pensioner he is, ipso facto, administrator of the pension estate.

25(4)Endorsement by the Public Trustee of a pension cheque payable to a deceased pensioner, or to the estate of a deceased pensioner or to the administrator of the estate of a deceased pensioner, is sufficient evidence that he is administrator of the pension estate.

25(5)The Public Trustee may pay the pension estate to any relative by blood or connection by marriage of a deceased pensioner or any other person appearing to him or her to be equitably entitled to the same by reason of having incurred expense for the maintenance, medical attention or burial of the deceased pensioner or to have a claim against the estate of the pensioner in relation to any such expense, or he or she may distribute the estate among the said several persons as he or she sees fit.

25(6)The costs of administration of a pension estate shall not be a charge upon the estate.

25(7)This section applies to the pension estates of deceased pensioners who died before the coming into force of this Act as well as those who die thereafter.

32(1)Whether an action or other proceeding is or is not pending in the Court with respect to probate or administration, the Court may, on motion or other proceeding in a summary manner, order any person to produce and bring before the clerk, or otherwise as the Court directs, any paper or writing being or purporting to be testamentary, any document relating to securities, contracts or assets of the deceased, or any personal property of the deceased, that is shown to be in the possession or under the control of that person.

32(2)If it is not shown that the paper or writing is in the possession or under the control of that person, but it appears that there are reasonable grounds for believing that the person has knowledge of the paper or writing, the Court may direct that person to attend for the purpose of being examined

33(1)Any contentious cause or proceeding may be removed into the Court of King’s Bench by order of a judge where, in his opinion, it is necessary or desirable so that all matters of controversy between the parties may be completely and finally determined and multiplicity of legal proceedings concerning those matters avoided.

33(2)The judge of the Court of King’s Bench may impose such terms as to payment of or security for costs or otherwise that he considers just.

33(3)The judgment of the Court of King’s Bench in any contentious cause or proceeding so removed shall be certified by the clerk of the probate office from which it was removed.

36(1)On every application for letters probate of a will or for letters of administration where the deceased was resident in the Province at the time of his death, his place of abode at the time of his death shall be made to appear by affidavit of the person or one of the persons making the application, and thereupon and upon proof of the will, or in case of an intestacy, upon proof that the deceased died intestate, letters probate of the will or letters of administration, as the case may be, may be granted.

36(2)Where, upon the application for letters probate of the will of a person who at the time of the execution of the will was a member of the forces, or was a mariner or seaman at sea or in the course of a voyage, it appears that the witnesses are dead or incompetent or that the whereabouts of the witnesses, or any of them, are unknown, the Court may accept such evidence as it considers satisfactory as to the validity and proper execution of such will, notwithstanding anything in this Act, the rules or regulations.

36(3)In subsection (2), “member of the forces” means a member of a component of the Canadian forces

40(1)If the next-of-kin of a deceased, residing in the Province and regularly entitled to administer the estate, is absent from the Province, the Court may grant a temporary administration to the applicant or to such other person as the Court thinks fit, for a limited time or subject to revocation upon the return of that next-of-kin to the Province.

40(2)The administrator appointed under subsection (1) shall give such security as the Court directs, and has all the rights and powers of an administrator and is subject to the immediate control of the Court.

43(1)On the application made to the judge under section 42, the judge shall inquire into the matter in a summary manner and may determine as to which probate office the application shall be made for the grant of letters probate of a will or letters of administration; and in making such determination the judge shall take into account the balance of convenience to those who have an apparent interest in the estate.

43(2)The judge may order costs to be paid by any of the applicants, and the order shall be enforced by the Court of King’s Bench.

43(3)The determination of the judge made pursuant to subsection (1) is final and conclusive, and the Registrar shall without delay transmit a certified copy of the judge’s order to the clerks of the probate offices wherein such applications for the grant of letters probate of a will or letters of administration were made.

53(1)Subject to subsection (3), where a person dies wholly intestate or the executor named in a will refuses upon citation to prove the will, the administration of the property of the deceased may be committed by the Court to the spouse, to the next-of-kin or to the spouse of the next-of-kin, of the deceased as the Court considers proper, and where more than one person claim the administration as next-of-kin who are equal in degrees of kindred to the deceased, or where only one desires the administration as next-of-kin where there are more persons than one of equal kindred, the administration may be committed to such one or more of such next-of-kin as the Court considers proper.

53(2)Subject to subsection (3), where a person dies wholly intestate as to his property, or dies leaving a will affecting property but without having appointed an executor thereof or an executor willing and competent to take probate, and the persons entitled to administration, or a majority of such of them as are resident in the Province, request that another person be appointed to be the administrator of the property of the deceased, or of any part of it, the right that such persons possessed to have administration granted to them in respect of it belongs to that person.

53(3)Where a person dies wholly intestate as to his property or dies leaving a will affecting property but without having appointed an executor thereof willing and competent to take probate or the executor was at the time of the death of such person resident out of the Province, and it appears to the Court to be necessary or convenient by reason of insolvency of the estate of the deceased, or other special circumstances, to appoint some person to be the administrator of the property of the deceased or of any part of such property, other than the person who if this subsection had not been enacted would have been entitled to the grant of administration, it is not obligatory upon the Court to grant administration to the person who if this subsection had not been enacted would have been entitled to a grant thereof, but the Court may appoint such person as it considers proper upon his giving such security as it directs, and every such administration may be limited as the Court considers best.

53(4)A trust company authorized to do business in the Province may be appointed as administrator under subsection (2) or (3), either alone or jointly with another person.

56(1)The person applying for a grant of letters probate of a will or letters of administration shall before they are granted make or cause to be made and delivered to the clerk a true statement of the total value, verified by the oath of the applicant, of all the property that belonged to the deceased at the time of his death.

56(2)When after the grant of letters probate of a will or letters of administration any property belonging to the deceased at the time of his death and not included in such statement of total value is identified or discovered by the executor or administrator, he shall within two months thereafter make and deliver to the clerk a true statement of the total value, verified by oath, of such newly identified or discovered property.

56(3)Where the application or grant is limited to part only of the property of the deceased, it is sufficient to set forth in the statement of total value the property intended to be affected by such application or grant.

57(1)Except where otherwise provided by law, where letters of administration including administration with the will annexed are granted to a person who is a creditor of the deceased or who is not a resident of the Province, the person shall give a bond to the Court to enure to the benefit of the Court or such person or persons to whom the Court may later assign the bond upon default being made thereunder, with a surety or sureties as required by the Court, conditioned for the due collecting, getting in, administering and accounting for the property of the deceased, and the bond shall be in the form prescribed by the rules, and in cases not provided for by the rules, the bond shall be in such form as the Court by special order directs.

57(1.1)Where letters of administration including administration with the will annexed are granted to a person other than one who is required under subsection (1) to give a bond, the Court, on its own initiative or on the application of any person interested, may require the person to whom letters of administration are granted to give a bond in accordance with that subsection if, in the opinion of the Court, a bond is necessary to secure the due collecting, getting in, administering and accounting for the property of the deceased.

57(2)Where a bond is required it shall be in an amount equal to the amount under which the property of the deceased has been sworn, and the Court may direct that more than one bond be given so as to limit the liability of any surety to such amount as the Court considers proper.

57(3)Notwithstanding subsection (1), the Court may at any time under special circumstances reduce the amount of, revise the conditions of, or dispense with, a bond.

57(4)The Court, on an application made in a summary manner and on being satisfied that the condition of a bond has been broken, may order the clerk to assign the bond to some person to be named in the order, and such person is thereupon entitled to sue on the bond in his own name as if it had been originally given to him, and he shall recover thereon, as trustee for all persons interested, the full amount recoverable in respect of any breach of the condition of the bond.

58(1)It is not necessary for the Province, any provincial commission, board or agency created under any Act of the Legislature, the Public Trustee or a trust company authorized to do business in the Province to give any security for the due performance of its duty as executor, administrator, trustee, committee, or in any other office to which it may be appointed by order of the Court or under any Act.

60(1)Where a surety for a personal representative dies or becomes insolvent or where for any other reason any security furnished by a personal representative becomes inadequate or insufficient, the Court may require other or additional security to be furnished, and if it is not furnished as directed the Court may revoke the grant of letters of administration.

60(2)An order made pursuant to subsection (1) may be made by the Court on its own initiative or on the application of any person interested.

61(1)Where a surety for a personal representative desires to be discharged from his obligation or where a personal representative desires to substitute other security for that furnished by him, the Court may allow other security to be furnished in lieu of such surety or of the security so furnished on such terms as it considers proper, and the Court may direct that, upon the substituted security being furnished, and if it so directs upon the accounts of the personal representative being passed, the surety or sureties be discharged.

61(2)An application made pursuant to subsection (1) may be made ex parte or on such notice as the Court directs.

64(1)The assets of an estate shall be applied in priority of payment as follows:

64(2)In case of a deficiency of assets, subject to subsection (1), on the administration of the estate of a deceased person all debts due shall be paid pari passu and without any reference to priority of debts of one rank or nature over those of another, but nothing herein prejudices any rights of the Crown or any lien, mortgage or other security existing during the lifetime of the deceased on any of his real or personal estate; and no debt due by the deceased shall be paid by the personal representative, or action brought therefor, until the debt is proven by affidavit, and such affidavit has been delivered to the personal representative.

65(1)Where a claim or demand is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, he may serve the claimant with a notice of contestation in writing making reference to this section and stating that he contests the claim or demand in whole or in part, and if in part stating what part.

65(2)Within thirty days after the receipt of such notice of contestation or within three months thereafter if the Court on application so allows, the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit or affirmation and a copy of the notice of the contestation, apply to the Court for an order allowing his claim and determining the amount of it, and the Court shall hear the parties and the witnesses and shall make such order upon the application as it considers just, and if the claimant does not make such application, he shall be deemed to have abandoned his claim or demand and it is forever barred.

65(3)Where the application for the order allowing the claim or demand is one that could have been brought under the Small Claims Act, the Court shall hear and dispose of the application in accordance with the procedure established under the Small Claims Act, with such modifications as may be necessary.

65(4)Where the procedure referred to in subsection (3) is followed, notice of the application in respect of the claim or demand shall be given to the personal representative and to the guardian, if minors are involved, and to such persons as may be beneficially interested in the estate as the Court directs.

65(5)Where pursuant to this section an application is made to the Court, any person who is interested in the estate has the right to be heard and to take part in the proceedings in addition to the persons to whom notice has been given.

65(6)Where the claim or demand or any part of it that is contested is one that could not have been brought under the Small Claims Act, the Court shall, on the application of either party or of any of the parties mentioned in subsection (5), direct the claimant to bring an action in The Court of King’s Bench of New Brunswick for the recovery or the establishment of the claim or demand on such terms and conditions as the Court considers just, but where the claimant and the personal representative consent, the claim or demand may be heard and disposed of by the Probate Court.

65(7)Where the claim or demand heard by the Court is in accordance with the procedure under the Small Claims Act, the fees and costs payable shall be according to the tariff prescribed under that Act, and in other cases the fees payable to the Court and to the clerk shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or demand or so much thereof as is contested, and the fees to be allowed to counsel or solicitors shall be fixed and determined by the Court having regard to the amount involved and the importance of the contest.

65(8)This section applies notwithstanding that the claim or demand is not presently payable, and that for that reason an action for the recovery of the claim or demand could not be brought.

65(9)The Court may order the issue of a commission to take the testimony of any person or party residing out of the Province in connection with the giving of evidence on any proceeding under this section.

65(10)The Court may make an order for the taking of the evidence de bene esse of any material and necessary witness residing in the Province who is sick, aged or infirm or who is about to leave the Province, and to direct to whom notice of the examination is to be given.

65(11)A summons to witness may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section.

65(12)The Rules of Court made pursuant to the Judicature Act so far as they are applicable apply to every application for such commission or order for examination, and the issue, execution, enforcement and return thereof, and the Court has power to award costs of all such proceedings according to the tariff in force from time to time for the same services in the Court of King’s Bench.

65(13)Where a claim or demand is established under this section, no proceeding shall be taken to enforce payment of the claim or demand without the permission of the Court.

65(14)Where permission to enforce payment of a claim or demand is given, the order shall be filed in the Court of King’s Bench and an execution shall issue as upon a judgment of that Court, and an order for payment of costs may be issued in the same way.

66(1)Where any claim or demand not within the meaning of subsection 65(1) is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, he may serve the claimant with the notice prescribed in that subsection.

66(2)Within the time limits mentioned in subsection 65(2) the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit and a copy of the notice of contestation, apply to the Court for an order for directions as to the disposition of the claim or demand, and if the claimant does not make the application he shall be deemed to have abandoned his claim or demand and it is forever barred.

66(3)Not fewer than seven days’ notice of the application made pursuant to subsection (2) shall be given to the personal representative and to the guardian, if minors are concerned, and to such if any of the persons beneficially interested in the estate as the Court directs.

66(4)The Court may make such order upon the application for directions as it considers just, and in particular but without limiting the generality of the foregoing it may

66(5)By consent of the claimant and the personal representative the Court may direct that the trial take place before it.

66(6)When an order is made under subsection (4), subsections 65(9), (10), (11) and (12) apply mutatis mutandis.

66(7)If the personal representative does not appeal from an order made under subsection (2) or (4), any person beneficially interested in the estate may by leave of a judge of the Court of King’s Bench appeal therefrom.

66(8)Where the claimant or a personal representative appeals from an order made under subsection (2) or (4), any person beneficially interested in the estate may, by leave of the court that hears the appeal, appear and be heard.

68(1)The Limitation of Actions Act does not affect the claim or demand of a person against the estate of a deceased person where notice of the claim or demand giving full particulars of the claim and verified by affidavit or affirmation is filed with the executor or administrator of the estate at any time prior to the date upon which the claim would be barred by the Limitation of Actions Act, but where no executor or administrator has been appointed the notice may be filed in the probate office in which the application for letters probate of a will or letters of administration has been filed, or if no application for letters probate of a will or letters of administration has been filed, then with the Registrar.

71(1)The Court, on passing the accounts of a personal representative, has jurisdiction to enter into and make a full inquiry and accounting of and concerning the whole property of which the deceased died possessed or entitled, and the administration and disbursement thereof in as full and ample a manner as the Court considers necessary, and for such purpose may take evidence and decide disputed matters arising in such accounting, subject to appeal.

71(2)The Court, on passing any accounts under this section, has power to inquire into any complaint or claim, by any person interested in such accounts, of misconduct, neglect or default on the part of the personal representative occasioning financial loss to the estate or trust fund, and the Court, on proof of such claim, may order the personal representative to pay such sum by way of damages or otherwise as it considers proper and just to the estate or trust fund, but any order made under this subsection is subject to appeal.

71(3)The Court may order the trial of an issue of any complaint or claim under subsection (2), and in such case it shall make all necessary directions as to pleadings, production of documents and otherwise in connection with the issue.

71(4)The persons interested in such accounts or the making of such inquiries are, if resident in the Province, entitled to not fewer than seven days’ notice thereof, and if resident out of the Province are entitled to such notice as the Court may direct.

71(5)Where a person entitled to notice under subsection (4) is a minor or is of unsound mind and is not a patient in a psychiatric facility under the Mental Health Act, his notice shall be served upon his guardian not fewer than twenty-one days before the day appointed for the passing of the accounts, and unless such notice is so given such person is not bound by the passing of the accounts.

71(6)Where a person entitled to notice under subsection (4) is a patient in a psychiatric facility under the Mental Health Act, his notice shall be served upon one of his next-of-kin not fewer than twenty-one days before the day appointed for the passing of the accounts, and unless such notice is so given such person is not bound by the passing of the accounts.

71(7)Where by the terms of a will or other instrument in writing under which such an executor, administrator or trustee acts, real or personal property or any right or interest therein or proceeds therefrom have heretofore been given, or are hereafter to be vested in any person, executor, administrator or trustee for any religious, educational, charitable or other purpose, or are to be applied by him to or for any such purpose, notice of an application for the passing of accounts shall be served upon the Public Trustee, unless the Public Trustee is himself or herself the executor, administrator or trustee.

71(8)Where a person has died intestate in the Province and administration has been granted to some person who is neither the Public Trustee nor one of the next-of-kin, and it appears to be doubtful whether the intestate left any next-of-kin surviving him or her or that there are no known next-of-kin resident in the Province, notice of an application for the passing of accounts shall be served upon the Public Trustee.

71(9)Where accounts submitted to the Court are of an intricate or complicated character and in the opinion of the Court require expert investigation, it may appoint an accountant or other skilled person to investigate and to assist it in auditing the accounts.

72(1)An executor or an administrator shall not be required by any court to render an account of the property of the deceased otherwise than by an inventory thereof, unless at the instance or on behalf of some person interested in such property or of a creditor of the deceased, nor is an executor or administrator otherwise compellable to account before any court.

72(2)This section applies notwithstanding any provision to the contrary of any bond or security heretofore given by the executor or administrator.

73(1)Where letters probate of a will or letters of administration or other legal documents purporting to be of the same nature granted by a court of competent jurisdiction in the United Kingdom, in a province or territory of Canada, in any country of the Commonwealth or in any state or territory of the United States of America or a certified copy thereof are produced to, and a copy of the original or where a certified copy is produced, the certified copy deposited with a clerk or the Registrar and the tax required under this Act is paid as on a grant of letters probate of a will or letters of administration, the letters probate or letters of administration or other legal documents or the certified copy thereof shall, under the direction of the Court, be sealed with the Seal of the Court.

73(1.1)Where letters probate or letters of administration or other legal documents, or a certified copy thereof, are sealed in accordance with subsection (1) with the seal of the Court, the letters probate or letters of administration or the other legal documents are of the like force and effect in the Province as if the original letters probate or letters of administration or other legal documents had been granted by the Court, and are, so far as regards the Province, subject to any order made by the Court, or on appeal therefrom, as if the letters probate or letters of administration or other legal documents had been granted thereby.

73(2)Letters of verification issued in the Province of Quebec shall be deemed to be a probate within the meaning of this section.

73(4)The letters of administration or other legal document purporting to be of the same nature shall not be sealed with the Seal of the Court until a certificate has been filed with the Court, signed by the clerk or the registrar of the court that issued the letters or document, certifying that security has been given in the court in a sufficient amount to cover the assets outside the jurisdiction of the Court as well as the assets within the Province or, in the absence of such certificate, until like security is given to the Court covering the assets within the Province as in the case of granting original letters of administration.

74(1)Where the judge before whom any action, cause, matter or other proceeding under this Act is tried dies or retires, or for any other reason ceases to hold office, before disposing of it, or having heard it has not disposed of it within six months thereafter, any party may, upon notice to all of the parties, apply to the Chief Justice of the Court of King’s Bench for an order that the action, cause, matter or other proceeding be reheard or otherwise disposed of by a judge of the Court whom he designates.

74(2)An order made under subsection (1) shall name the place where the action, cause, matter or other proceeding is to be reheard or otherwise disposed of and, in making such order, the Chief Justice may give such other directions as he considers proper.

74(3)No proceedings in the action, cause, matter or other proceeding shall thereafter be taken without the order of the Chief Justice after such notice as he may provide.

74(4)Upon such rehearing or other disposition, the evidence, exhibits and papers used at the trial shall be read and, after argument by counsel, the presiding judge shall deal with the action as on an original trial and shall direct that judgment be entered by the clerk of the Court in accordance with his findings.

74(5)The costs of the rehearing or other disposition shall be fixed by the judge presiding at the rehearing, who shall also direct by whom they are to be paid.

74(6)An appeal lies from such judgment or finding in the same manner and on the same terms as if the judgment had been pronounced at the trial.

75(1)Where fees are payable on the value of the estate of the deceased, they shall be calculated on the value of the whole estate, including the real property as well as the personal estate.

75(2)In calculating the value of the real property there shall be deducted the actual value of any encumbrance on the real property.

75.1(1)A tax determined in accordance with Schedule A is payable to the Crown in right of the Province by the estate of a deceased person in respect of the following:

75.1(2)Where tax is payable on the value of the estate of the deceased, it shall be calculated on the value of the whole estate, including the real property as well as the personal estate.

75.1(3)In calculating the value of the real property there shall be deducted the actual value of any encumbrance on the real property.

76(1)The Rules Committee may inquire into and examine

76(2)The Rules Committee may make recommendations to the Lieutenant-Governor in Council

78(1)An application for the grant of letters probate of a will or letters of administration or such other business relating to the administration of an estate taken under the Probate Courts Act, chapter P-17 of the Revised Statutes, 1973, may be taken up and continued under and in conformity with the provisions of this Act so far as consistently may be.

78(2)Notwithstanding subsection (1) and the repeal of the Probate Courts Act, chapter P-17 of the Revised Statutes, 1973, a judge or registrar under that Act shall have six months after the coming into force of this Act to bring to a final conclusion in accordance with that Act, any business that has been heard in whole or in part before him prior to the coming into force of this Act.