Acts and Regulations

P-17.1 - Probate Court Act

Section 36
Disposition versions

Full text
Application where deceased resident in Province, application where deceased member of forces, mariner or seaman
36(1)On every application for letters probate of a will or for letters of administration where the deceased was resident in the Province at the time of his death, his place of abode at the time of his death shall be made to appear by affidavit of the person or one of the persons making the application, and thereupon and upon proof of the will, or in case of an intestacy, upon proof that the deceased died intestate, letters probate of the will or letters of administration, as the case may be, may be granted.
36(2)Where, upon the application for letters probate of the will of a person who at the time of the execution of the will was a member of the forces, or was a mariner or seaman at sea or in the course of a voyage, it appears that the witnesses are dead or incompetent or that the whereabouts of the witnesses, or any of them, are unknown, the Court may accept such evidence as it considers satisfactory as to the validity and proper execution of such will, notwithstanding anything in this Act, the rules or regulations.
36(3)In subsection (2), “member of the forces” means a member of a component of the Canadian forces
(a) that is referred to in the National Defence Act, chapter N-4 of the Revised Statutes of Canada, 1970, or
(b) while placed on active service under the National Defence Act,
or a member of any other naval, land or air force while on active service.
Application where deceased resident of Province
36(1)On every application for letters probate of a will or for letters of administration where the deceased was resident in the Province at the time of his death, his place of abode at the time of his death shall be made to appear by affidavit of the person or one of the persons making the application, and thereupon and upon proof of the will, or in case of an intestacy, upon proof that the deceased died intestate, letters probate of the will or letters of administration, as the case may be, may be granted.
Application where deceased member of the forces, mariner or seaman
36(2)Where, upon the application for letters probate of the will of a person who at the time of the execution of the will was a member of the forces, or was a mariner or seaman at sea or in the course of a voyage, it appears that the witnesses are dead or incompetent or that the whereabouts of the witnesses, or any of them, are unknown, the Court may accept such evidence as it considers satisfactory as to the validity and proper execution of such will, notwithstanding anything in this Act, the rules or regulations.
Application where deceased member of the forces, mariner or seaman
36(3)In subsection (2), “member of the forces” means a member of a component of the Canadian forces
(a) that is referred to in the National Defence Act, chapter N-4 of the Revised Statutes of Canada, 1970, or
(b) while placed on active service under the National Defence Act,
or a member of any other naval, land or air force while on active service.