Acts and Regulations

E-11 - Evidence Act

Full text
Registered will or copy as evidence, costs
82(1)When a party is desirous of giving in evidence in any court a will duly admitted to probate, or a copy that has been duly registered and is relevant to the matter in question, he may produce in evidence a copy of such registry, certified by the registrar of deeds for the county where the same is registered, which copy shall be received and allowed as evidence of the contents of such will and prima facie of its validity and due execution, but before any such copy is allowed in evidence, at least ten days notice in writing shall be given to the adverse party, or the attorney or agent of such adverse party, of the intention to offer the same in evidence, such notice to be accompanied by a copy of such certified copy, the due service thereof being proved by affidavit or otherwise to the satisfaction of the court.
82(2)The costs of the certified copies provided for by this section and sections 80 and 81 together with the costs of the proceedings therewith connected, shall be taxed and allowed to the party procuring such copies, in case costs are awarded to him against the other party in such suit or proceeding.
R.S., c.74, s.73