Acts and Regulations

P-17.1 - Probate Court Act

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Definitions
1In this Act
“administration” includes all letters of administration of the property of deceased persons, whether with or without the will annexed, and whether granted for general, special or limited purposes;(administration)
“clerk” means a clerk of the Court and includes a deputy clerk;(greffier)
“common form business” means the business of obtaining probate or administration where there is no contention as to the right thereto, including the passing of probate and administration through the Court when the contest is terminated, and all business of a non-contentious nature to be taken in the Court in matters of testacy and intestacy not being proceedings in a suit, and also the business of lodging caveats against a grant of probate or administration;(procédure simple)
“Court” means The Probate Court of New Brunswick as established under section 2 and includes a judge thereof;(Cour)
“Court of Appeal” means The Court of Appeal of New Brunswick and includes a judge thereof;(Cour d’appel)
“Court of King’s Bench” means The Court of King’s Bench of New Brunswick and includes a judge of that court;(Cour du Banc du Roi)
“Court of Queen’s Bench” Repealed: 2023, c.17, s.209
“deputy clerk” means a deputy clerk of the Court;(greffier adjoint)
“judge” means a judge of the Court;(juge)
“judicial district” means a judicial district of the Court defined by the Lieutenant-Governor in Council under section 77;(circonscription judiciaire)
“matters and causes testamentary” includes all matters and causes relating to the grant, recall and revocation of probate or administration;(matières et causes testamentaires)
“persons beneficially interested” includes the Public Trustee, a representative appointed under the Supported Decision-Making and Representation Act, and a guardian of a minor;(personne ayant un intérêt à titre de bénéficiaire)
“personal representative” includes, where the context permits, an executor, an administrator, a trustee under a will, the Public Trustee, and a guardian as may be appointed pursuant to law, or some or all of them;(représentant personnel)
“probate” includes all letters probate relating to the property of a deceased person whether granted for general, special or limited purposes;(homologation)
“probate office” means such office as may be established by the Lieutenant-Governor in Council under section 5;(greffe des successions)
“Public Administrator” Repealed: 2005, c.P-26.5, s.29
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act; (curateur public)
“Registrar” means the Registrar of the Court and includes a deputy registrar;(registraire)
“rules” means the Probate Rules prescribed by regulation;(règles)
“Rules Committee” means the Rules Committee established under the Judicature Act;(Comité des Règles)
“will” includes a testament and all other testamentary instruments of which probate can be granted.(testament)
1983, c.68, s.1; 1986, c.4, s.41; 2005, c.P-26.5, s.29; 2022, c.60, s.80; 2023, c.17, s.209
Definitions
1In this Act
“administration” includes all letters of administration of the property of deceased persons, whether with or without the will annexed, and whether granted for general, special or limited purposes;(administration)
“clerk” means a clerk of the Court and includes a deputy clerk;(greffier)
“common form business” means the business of obtaining probate or administration where there is no contention as to the right thereto, including the passing of probate and administration through the Court when the contest is terminated, and all business of a non-contentious nature to be taken in the Court in matters of testacy and intestacy not being proceedings in a suit, and also the business of lodging caveats against a grant of probate or administration;(procédure simple)
“Court” means The Probate Court of New Brunswick as established under section 2 and includes a judge thereof;(Cour)
“Court of Appeal” means The Court of Appeal of New Brunswick and includes a judge thereof;(Cour d’appel)
“Court of King’s Bench” means The Court of King’s Bench of New Brunswick and includes a judge of that court;(Cour du Banc du Roi)
“Court of Queen’s Bench” Repealed: 2023, c.17, s.209
“deputy clerk” means a deputy clerk of the Court;(greffier adjoint)
“judge” means a judge of the Court;(juge)
“judicial district” means a judicial district of the Court defined by the Lieutenant-Governor in Council under section 77;(circonscription judiciaire)
“matters and causes testamentary” includes all matters and causes relating to the grant, recall and revocation of probate or administration;(matières et causes testamentaires)
“persons beneficially interested” includes the Public Trustee, a committee appointed under the Infirm Persons Act, and a guardian of a minor;(personne ayant un intérêt à titre de bénéficiaire)
“personal representative” includes, where the context permits, an executor, an administrator, a trustee under a will, the Public Trustee, and a guardian as may be appointed pursuant to law, or some or all of them;(représentant personnel)
“probate” includes all letters probate relating to the property of a deceased person whether granted for general, special or limited purposes;(homologation)
“probate office” means such office as may be established by the Lieutenant-Governor in Council under section 5;(greffe des successions)
“Public Administrator” Repealed: 2005, c.P-26.5, s.29
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act; (curateur public)
“Registrar” means the Registrar of the Court and includes a deputy registrar;(registraire)
“rules” means the Probate Rules prescribed by regulation;(règles)
“Rules Committee” means the Rules Committee established under the Judicature Act;(Comité des Règles)
“will” includes a testament and all other testamentary instruments of which probate can be granted.(testament)
1983, c.68, s.1; 1986, c.4, s.41; 2005, c.P-26.5, s.29; 2023, c.17, s.209
Definitions
1In this Act
“administration” includes all letters of administration of the property of deceased persons, whether with or without the will annexed, and whether granted for general, special or limited purposes;(administration)
“clerk” means a clerk of the Court and includes a deputy clerk;(greffier)
“common form business” means the business of obtaining probate or administration where there is no contention as to the right thereto, including the passing of probate and administration through the Court when the contest is terminated, and all business of a non-contentious nature to be taken in the Court in matters of testacy and intestacy not being proceedings in a suit, and also the business of lodging caveats against a grant of probate or administration;(procédure simple)
“Court” means The Probate Court of New Brunswick as established under section 2 and includes a judge thereof;(Cour)
“Court of Appeal” means The Court of Appeal of New Brunswick and includes a judge thereof;(Cour d’appel)
“Court of Queen’s Bench” means The Court of Queen’s Bench of New Brunswick and includes a judge thereof;(Cour du Banc de la Reine)
“deputy clerk” means a deputy clerk of the Court;(greffier adjoint)
“judge” means a judge of the Court;(juge)
“judicial district” means a judicial district of the Court defined by the Lieutenant-Governor in Council under section 77;(circonscription judiciaire)
“matters and causes testamentary” includes all matters and causes relating to the grant, recall and revocation of probate or administration;(matières et causes testamentaires)
“persons beneficially interested” includes the Public Trustee, a committee appointed under the Infirm Persons Act, and a guardian of a minor;(personne ayant un intérêt à titre de bénéficiaire)
“personal representative” includes, where the context permits, an executor, an administrator, a trustee under a will, the Public Trustee, and a guardian as may be appointed pursuant to law, or some or all of them;(représentant personnel)
“probate” includes all letters probate relating to the property of a deceased person whether granted for general, special or limited purposes;(homologation)
“probate office” means such office as may be established by the Lieutenant-Governor in Council under section 5;(greffe des successions)
“Public Administrator” Repealed: 2005, c.P-26.5, s.29
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act; (curateur public)
“Registrar” means the Registrar of the Court and includes a deputy registrar;(registraire)
“rules” means the Probate Rules prescribed by regulation;(règles)
“Rules Committee” means the Rules Committee established under the Judicature Act;(Comité des Règles)
“will” includes a testament and all other testamentary instruments of which probate can be granted.(testament)
1983, c.68, s.1; 1986, c.4, s.41; 2005, c.P-26.5, s.29
Definitions
1In this Act
“administration” includes all letters of administration of the property of deceased persons, whether with or without the will annexed, and whether granted for general, special or limited purposes;(administration)
“clerk” means a clerk of the Court and includes a deputy clerk;(greffier)
“common form business” means the business of obtaining probate or administration where there is no contention as to the right thereto, including the passing of probate and administration through the Court when the contest is terminated, and all business of a non-contentious nature to be taken in the Court in matters of testacy and intestacy not being proceedings in a suit, and also the business of lodging caveats against a grant of probate or administration;(procédure simple)
“Court” means The Probate Court of New Brunswick as established under section 2 and includes a judge thereof;(Cour)
“Court of Appeal” means The Court of Appeal of New Brunswick and includes a judge thereof;(Cour d’appel)
“Court of Queen’s Bench” means The Court of Queen’s Bench of New Brunswick and includes a judge thereof;(Cour du Banc de la Reine)
“deputy clerk” means a deputy clerk of the Court;(greffier adjoint)
“judge” means a judge of the Court;(juge)
“judicial district” means a judicial district of the Court defined by the Lieutenant-Governor in Council under section 77;(circonscription judiciaire)
“matters and causes testamentary” includes all matters and causes relating to the grant, recall and revocation of probate or administration;(matières et causes testamentaires)
“persons beneficially interested” includes a Public Administrator appointed under this Act, a public trustee, a Committee appointed under the Infirm Persons Act, the Administrator of Estates appointed under the Mental Health Act, and a guardian of a minor;(personne ayant un intérêt à titre de bénéficiaire)
“personal representative” includes, where the context permits, an executor, an administrator, a trustee under a will, the Public Administrator, a public trustee, and a guardian as may be appointed pursuant to law, or some or all of them;(représentant personnel)
“probate” includes all letters probate relating to the property of a deceased person whether granted for general, special or limited purposes;(homologation)
“probate office” means such office as may be established by the Lieutenant-Governor in Council under section 5;(greffe des successions)
“Public Administrator” means the person appointed under this Act as Public Administrator by the Lieutenant-Governor in Council;(Administrateur public)
“Registrar” means the Registrar of the Court and includes a deputy registrar;(registraire)
“rules” means the Probate Rules prescribed by regulation;(règles)
“Rules Committee” means the Rules Committee established under the Judicature Act;(Comité des Règles)
“will” includes a testament and all other testamentary instruments of which probate can be granted.(testament)
1983, c.68, s.1; 1986, c.4, s.41