Acts and Regulations

D-9 - Devolution of Estates Act

Full text
Conveyance of real property, sale of real property
8(1)At any time after the expiration of one year from the date of probate or of letters of administration, if the personal representative has failed, on the request of the person entitled to any real property, to convey the real property to that person, the Court may, if it thinks fit, on the application of that person and after notice to the personal representative, order that the conveyance be made, and in default may make an order vesting the real property in such person as fully and completely as might have been done by a conveyance thereof from the personal representative.
8(2)If, after the expiration of such year, the personal representative has failed, with respect to the real property or any portion thereof, either to convey the same to a person entitled thereto or to sell and dispose of it, the Court may, on the application of a person beneficially interested, order that the real property or portion be sold on such terms and within such period as may appear reasonable; and, on the failure of the personal representative to comply with such order, may direct the sheriff responsible for the county in which the real property is located to make a sale of the real property or portion upon such terms of cash or credit, or partly one and partly the other, as may be deemed advisable.
R.S., c.62, s.8; 1979, c.41, s.38; 1986, c.4, s.12; 1988, c.42, s.21
Conveyance of real property to beneficiary
8(1)At any time after the expiration of one year from the date of probate or of letters of administration, if the personal representative has failed, on the request of the person entitled to any real property, to convey the real property to that person, the Court may, if it thinks fit, on the application of that person and after notice to the personal representative, order that the conveyance be made, and in default may make an order vesting the real property in such person as fully and completely as might have been done by a conveyance thereof from the personal representative.
Power of Court respecting sale of real property
8(2)If, after the expiration of such year, the personal representative has failed, with respect to the real property or any portion thereof, either to convey the same to a person entitled thereto or to sell and dispose of it, the Court may, on the application of a person beneficially interested, order that the real property or portion be sold on such terms and within such period as may appear reasonable; and, on the failure of the personal representative to comply with such order, may direct the sheriff responsible for the county in which the real property is located to make a sale of the real property or portion upon such terms of cash or credit, or partly one and partly the other, as may be deemed advisable.
R.S., c.62, s.8; 1979, c.41, s.38; 1986, c.4, s.12; 1988, c.42, s.21