Acts and Regulations

P-17.1 - Probate Court Act

Section 64
Disposition versions

Full text
Priority of payment of debts
64(1)The assets of an estate shall be applied in priority of payment as follows:
(a) funeral expenses;
(b) the tax payable under this Act and probate fees;
(c) solicitors’ costs;
(d) wages given priority by the Wage-Earners Protection Act;
(e) liabilities incurred by a personal representative in respect to the administration of the estate;
(f) commission allowed a personal representative in relation to the administration of the estate.
64(2)In case of a deficiency of assets, subject to subsection (1), on the administration of the estate of a deceased person all debts due shall be paid pari passu and without any reference to priority of debts of one rank or nature over those of another, but nothing herein prejudices any rights of the Crown or any lien, mortgage or other security existing during the lifetime of the deceased on any of his real or personal estate; and no debt due by the deceased shall be paid by the personal representative, or action brought therefor, until the debt is proven by affidavit, and such affidavit has been delivered to the personal representative.
1983, c.68, s.11; 1999, c.29, s.2
Priority of payment of debts
64(1)The assets of an estate shall be applied in priority of payment as follows:
(a) funeral expenses;
(b) the tax payable under this Act and probate fees;
(c) solicitors’ costs;
(d) wages given priority by the Wage-Earners Protection Act;
(e) liabilities incurred by a personal representative in respect to the administration of the estate;
(f) commission allowed a personal representative in relation to the administration of the estate.
64(2)In case of a deficiency of assets, subject to subsection (1), on the administration of the estate of a deceased person all debts due shall be paid pari passu and without any reference to priority of debts of one rank or nature over those of another, but nothing herein prejudices any rights of the Crown or any lien, mortgage or other security existing during the lifetime of the deceased on any of his real or personal estate; and no debt due by the deceased shall be paid by the personal representative, or action brought therefor, until the debt is proven by affidavit, and such affidavit has been delivered to the personal representative.
1983, c.68, s.11; 1999, c.29, s.2