Acts and Regulations

D-9 - Devolution of Estates Act

Full text
Sale of property for purposes of distribution
10(1)Subject to the provisions hereinafter contained, no sale of real property for the purpose of distribution only is valid as respects a person beneficially interested, unless he concurs therein.
10(2)Where, in the case of such a sale, a person who lacks the capacity to concur in the sale is beneficially interested or adult beneficiaries do not concur in the sale, or where under a will there are contingent interests or interests not yet vested or the persons who may be beneficiaries are not yet ascertained, the Court, upon proof satisfactory to it that the sale is in the interest and to the advantage of the estate of the deceased and the persons beneficially interested therein, may approve such sale and any sale so approved shall be valid as respects such contingent interests and interests not yet vested, and shall be binding upon the person who lacks capacity, non-concurring person and beneficiaries not yet ascertained.
10(3)If an adult accepts a share of the purchase money, knowing it to be such, he shall be deemed to have concurred in the sale.
R.S., c.62, s.10; 2022, c.60, s.69
Sale of property for purposes of distribution
10(1)Subject to the provisions hereinafter contained, no sale of real property for the purpose of distribution only is valid as respects a person beneficially interested, unless he concurs therein.
10(2)Where, in the case of such a sale, a lunatic is beneficially interested or adult beneficiaries do not concur in the sale, or where under a will there are contingent interests or interests not yet vested or the persons who may be beneficiaries are not yet ascertained, the Court, upon proof satisfactory to it that the sale is in the interest and to the advantage of the estate of the deceased and the persons beneficially interested therein, may approve such sale and any sale so approved shall be valid as respects such contingent interests and interests not yet vested, and shall be binding upon such lunatic, non-concurring person and beneficiaries not yet ascertained.
10(3)If an adult accepts a share of the purchase money, knowing it to be such, he shall be deemed to have concurred in the sale.
R.S., c.62, s.10
Sale of property for purposes of distribution
10(1)Subject to the provisions hereinafter contained, no sale of real property for the purpose of distribution only is valid as respects a person beneficially interested, unless he concurs therein.
10(2)Where, in the case of such a sale, a lunatic is beneficially interested or adult beneficiaries do not concur in the sale, or where under a will there are contingent interests or interests not yet vested or the persons who may be beneficiaries are not yet ascertained, the Court, upon proof satisfactory to it that the sale is in the interest and to the advantage of the estate of the deceased and the persons beneficially interested therein, may approve such sale and any sale so approved shall be valid as respects such contingent interests and interests not yet vested, and shall be binding upon such lunatic, non-concurring person and beneficiaries not yet ascertained.
10(3)If an adult accepts a share of the purchase money, knowing it to be such, he shall be deemed to have concurred in the sale.
R.S., c.62, s.10