Acts and Regulations

P-17.1 - Probate Court Act

Section 3
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Powers vested in Court
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:
(a) over all of the estate of a deceased person, whether or not a resident of the Province at the date of death, which estate is located in the Province; and whether it consists of real or personal property or both;
(b) in respect of the grant, recall and revocation of letters probate of a will, letters of administration whether with or without a will annexed, and resealing as described in section 73;
(c) subject to the concurrent jurisdiction of the Court of King’s Bench, in the issuance of any orders or directions in connection with the administration, passing of accounts and winding up of the estate of a deceased person as described in paragraph (a).
1983, c.68, s.3; 2023, c.17, s.209
Powers vested in Court
3(1)Without derogating from the jurisdiction of the Court of Queen’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:
(a) over all of the estate of a deceased person, whether or not a resident of the Province at the date of death, which estate is located in the Province; and whether it consists of real or personal property or both;
(b) in respect of the grant, recall and revocation of letters probate of a will, letters of administration whether with or without a will annexed, and resealing as described in section 73;
(c) subject to the concurrent jurisdiction of the Court of Queen’s Bench, in the issuance of any orders or directions in connection with the administration, passing of accounts and winding up of the estate of a deceased person as described in paragraph (a).
1983, c.68, s.3
Powers vested in Court
3(1)Without derogating from the jurisdiction of the Court of Queen’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:
(a) over all of the estate of a deceased person, whether or not a resident of the Province at the date of death, which estate is located in the Province; and whether it consists of real or personal property or both;
(b) in respect of the grant, recall and revocation of letters probate of a will, letters of administration whether with or without a will annexed, and resealing as described in section 73;
(c) subject to the concurrent jurisdiction of the Court of Queen’s Bench, in the issuance of any orders or directions in connection with the administration, passing of accounts and winding up of the estate of a deceased person as described in paragraph (a).
1983, c.68, s.3