Acts and Regulations

P-17.1 - Probate Court Act

Full text
Bonds
57(1)Except where otherwise provided by law, where letters of administration including administration with the will annexed are granted to a person who is a creditor of the deceased or who is not a resident of the Province, the person shall give a bond to the Court to enure to the benefit of the Court or such person or persons to whom the Court may later assign the bond upon default being made thereunder, with a surety or sureties as required by the Court, conditioned for the due collecting, getting in, administering and accounting for the property of the deceased, and the bond shall be in the form prescribed by the rules, and in cases not provided for by the rules, the bond shall be in such form as the Court by special order directs.
57(1.1)Where letters of administration including administration with the will annexed are granted to a person other than one who is required under subsection (1) to give a bond, the Court, on its own initiative or on the application of any person interested, may require the person to whom letters of administration are granted to give a bond in accordance with that subsection if, in the opinion of the Court, a bond is necessary to secure the due collecting, getting in, administering and accounting for the property of the deceased.
57(2)Where a bond is required it shall be in an amount equal to the amount under which the property of the deceased has been sworn, and the Court may direct that more than one bond be given so as to limit the liability of any surety to such amount as the Court considers proper.
57(3)Notwithstanding subsection (1), the Court may at any time under special circumstances reduce the amount of, revise the conditions of, or dispense with, a bond.
57(4)The Court, on an application made in a summary manner and on being satisfied that the condition of a bond has been broken, may order the clerk to assign the bond to some person to be named in the order, and such person is thereupon entitled to sue on the bond in his own name as if it had been originally given to him, and he shall recover thereon, as trustee for all persons interested, the full amount recoverable in respect of any breach of the condition of the bond.
1983, c.68, s.8; 1997, c.10, s.1