65(1)Where a claim or demand is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, he may serve the claimant with a notice of contestation in writing making reference to this section and stating that he contests the claim or demand in whole or in part, and if in part stating what part.

65(2)Within thirty days after the receipt of such notice of contestation or within three months thereafter if the Court on application so allows, the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit or affirmation and a copy of the notice of the contestation, apply to the Court for an order allowing his claim and determining the amount of it, and the Court shall hear the parties and the witnesses and shall make such order upon the application as it considers just, and if the claimant does not make such application, he shall be deemed to have abandoned his claim or demand and it is forever barred.

65(3)Where the application for the order allowing the claim or demand is one that could have been brought under the Small Claims Act, the Court shall hear and dispose of the application in accordance with the procedure established under the Small Claims Act, with such modifications as may be necessary.

65(4)Where the procedure referred to in subsection (3) is followed, notice of the application in respect of the claim or demand shall be given to the personal representative and to the guardian, if minors are involved, and to such persons as may be beneficially interested in the estate as the Court directs.

65(5)Where pursuant to this section an application is made to the Court, any person who is interested in the estate has the right to be heard and to take part in the proceedings in addition to the persons to whom notice has been given.

65(6)Where the claim or demand or any part of it that is contested is one that could not have been brought under the Small Claims Act, the Court shall, on the application of either party or of any of the parties mentioned in subsection (5), direct the claimant to bring an action in The Court of King’s Bench of New Brunswick for the recovery or the establishment of the claim or demand on such terms and conditions as the Court considers just, but where the claimant and the personal representative consent, the claim or demand may be heard and disposed of by the Probate Court.

65(7)Where the claim or demand heard by the Court is in accordance with the procedure under the Small Claims Act, the fees and costs payable shall be according to the tariff prescribed under that Act, and in other cases the fees payable to the Court and to the clerk shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or demand or so much thereof as is contested, and the fees to be allowed to counsel or solicitors shall be fixed and determined by the Court having regard to the amount involved and the importance of the contest.

65(8)This section applies notwithstanding that the claim or demand is not presently payable, and that for that reason an action for the recovery of the claim or demand could not be brought.

65(9)The Court may order the issue of a commission to take the testimony of any person or party residing out of the Province in connection with the giving of evidence on any proceeding under this section.

65(10)The Court may make an order for the taking of the evidence de bene esse of any material and necessary witness residing in the Province who is sick, aged or infirm or who is about to leave the Province, and to direct to whom notice of the examination is to be given.

65(11)A summons to witness may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section.

65(12)The Rules of Court made pursuant to the Judicature Act so far as they are applicable apply to every application for such commission or order for examination, and the issue, execution, enforcement and return thereof, and the Court has power to award costs of all such proceedings according to the tariff in force from time to time for the same services in the Court of King’s Bench.

65(13)Where a claim or demand is established under this section, no proceeding shall be taken to enforce payment of the claim or demand without the permission of the Court.

65(14)Where permission to enforce payment of a claim or demand is given, the order shall be filed in the Court of King’s Bench and an execution shall issue as upon a judgment of that Court, and an order for payment of costs may be issued in the same way.

65(1)Where a claim or demand is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, he may serve the claimant with a notice of contestation in writing making reference to this section and stating that he contests the claim or demand in whole or in part, and if in part stating what part.

65(2)Within thirty days after the receipt of such notice of contestation or within three months thereafter if the Court on application so allows, the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit or affirmation and a copy of the notice of the contestation, apply to the Court for an order allowing his claim and determining the amount of it, and the Court shall hear the parties and the witnesses and shall make such order upon the application as it considers just, and if the claimant does not make such application, he shall be deemed to have abandoned his claim or demand and it is forever barred.

65(3)Where the application for the order allowing the claim or demand is one that could have been brought under the Small Claims Act, the Court shall hear and dispose of the application in accordance with the procedure established under the Small Claims Act, with such modifications as may be necessary.

65(4)Where the procedure referred to in subsection (3) is followed, notice of the application in respect of the claim or demand shall be given to the personal representative and to the guardian, if minors are involved, and to such persons as may be beneficially interested in the estate as the Court directs.

65(5)Where pursuant to this section an application is made to the Court, any person who is interested in the estate has the right to be heard and to take part in the proceedings in addition to the persons to whom notice has been given.

65(6)Where the claim or demand or any part of it that is contested is one that could not have been brought under the Small Claims Act, the Court shall, on the application of either party or of any of the parties mentioned in subsection (5), direct the claimant to bring an action in The Court of Queen’s Bench of New Brunswick for the recovery or the establishment of the claim or demand on such terms and conditions as the Court considers just, but where the claimant and the personal representative consent, the claim or demand may be heard and disposed of by the Probate Court.

65(7)Where the claim or demand heard by the Court is in accordance with the procedure under the Small Claims Act, the fees and costs payable shall be according to the tariff prescribed under that Act, and in other cases the fees payable to the Court and to the clerk shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or demand or so much thereof as is contested, and the fees to be allowed to counsel or solicitors shall be fixed and determined by the Court having regard to the amount involved and the importance of the contest.

65(8)This section applies notwithstanding that the claim or demand is not presently payable, and that for that reason an action for the recovery of the claim or demand could not be brought.

65(9)The Court may order the issue of a commission to take the testimony of any person or party residing out of the Province in connection with the giving of evidence on any proceeding under this section.

65(10)The Court may make an order for the taking of the evidence de bene esse of any material and necessary witness residing in the Province who is sick, aged or infirm or who is about to leave the Province, and to direct to whom notice of the examination is to be given.

65(11)A summons to witness may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section.

65(12)The Rules of Court made pursuant to the Judicature Act so far as they are applicable apply to every application for such commission or order for examination, and the issue, execution, enforcement and return thereof, and the Court has power to award costs of all such proceedings according to the tariff in force from time to time for the same services in the Court of Queen’s Bench.

65(13)Where a claim or demand is established under this section, no proceeding shall be taken to enforce payment of the claim or demand without the permission of the Court.

65(14)Where permission to enforce payment of a claim or demand is given, the order shall be filed in the Court of Queen’s Bench and an execution shall issue as upon a judgment of that Court, and an order for payment of costs may be issued in the same way.

65(1)Where a claim or demand is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, he may serve the claimant with a notice of contestation in writing making reference to this section and stating that he contests the claim or demand in whole or in part, and if in part stating what part.

65(2)Within thirty days after the receipt of such notice of contestation or within three months thereafter if the Court on application so allows, the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit or affirmation and a copy of the notice of the contestation, apply to the Court for an order allowing his claim and determining the amount of it, and the Court shall hear the parties and the witnesses and shall make such order upon the application as it considers just, and if the claimant does not make such application, he shall be deemed to have abandoned his claim or demand and it is forever barred.

65(3)Where the application for the order allowing the claim or demand is one that could have been brought under the Small Claims Act, the Court shall hear and dispose of the application in accordance with the procedure established under the Small Claims Act, with such modifications as may be necessary.

65(4)Where the procedure referred to in subsection (3) is followed, notice of the application in respect of the claim or demand shall be given to the personal representative and to the guardian, if minors are involved, and to such persons as may be beneficially interested in the estate as the Court directs.

65(5)Where pursuant to this section an application is made to the Court, any person who is interested in the estate has the right to be heard and to take part in the proceedings in addition to the persons to whom notice has been given.

65(6)Where the claim or demand or any part of it that is contested is one that could not have been brought under the Small Claims Act, the Court shall, on the application of either party or of any of the parties mentioned in subsection (5), direct the claimant to bring an action in The Court of Queen’s Bench of New Brunswick for the recovery or the establishment of the claim or demand on such terms and conditions as the Court considers just, but where the claimant and the personal representative consent, the claim or demand may be heard and disposed of by the Probate Court.

65(7)Where the claim or demand heard by the Court is in accordance with the procedure under the Small Claims Act, the fees and costs payable shall be according to the tariff prescribed under that Act, and in other cases the fees payable to the Court and to the clerk shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or demand or so much thereof as is contested, and the fees to be allowed to counsel or solicitors shall be fixed and determined by the Court having regard to the amount involved and the importance of the contest.

65(8)This section applies notwithstanding that the claim or demand is not presently payable, and that for that reason an action for the recovery of the claim or demand could not be brought.

65(9)The Court may order the issue of a commission to take the testimony of any person or party residing out of the Province in connection with the giving of evidence on any proceeding under this section.

65(10)The Court may make an order for the taking of the evidence de bene esse of any material and necessary witness residing in the Province who is sick, aged or infirm or who is about to leave the Province, and to direct to whom notice of the examination is to be given.

65(11)A summons to witness may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section.

65(12)The Rules of Court made pursuant to the Judicature Act so far as they are applicable apply to every application for such commission or order for examination, and the issue, execution, enforcement and return thereof, and the Court has power to award costs of all such proceedings according to the tariff in force from time to time for the same services in the Court of Queen’s Bench.

65(13)Where a claim or demand is established under this section, no proceeding shall be taken to enforce payment of the claim or demand without the permission of the Court.

65(14)Where permission to enforce payment of a claim or demand is given, the order shall be filed in the Court of Queen’s Bench and an execution shall issue as upon a judgment of that Court, and an order for payment of costs may be issued in the same way.

65(1)Where a claim or demand is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, he may serve the claimant with a notice of contestation in writing making reference to this section and stating that he contests the claim or demand in whole or in part, and if in part stating what part.

65(2)Within thirty days after the receipt of such notice of contestation or within three months thereafter if the Court on application so allows, the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit or affirmation and a copy of the notice of the contestation, apply to the Court for an order allowing his claim and determining the amount of it, and the Court shall hear the parties and the witnesses and shall make such order upon the application as it considers just, and if the claimant does not make such application, he shall be deemed to have abandoned his claim or demand and it is forever barred.

65(3)Where the application for the order allowing the claim or demand is one that could have been brought in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act, the Court shall hear and dispose of the application in accordance with that procedure.

65(4)Where the procedure referred to in subsection (3) is followed, notice of the application in respect of the claim or demand shall be given to the personal representative and to the guardian, if minors are involved, and to such persons as may be beneficially interested in the estate as the Court directs.

65(5)Where pursuant to this section an application is made to the Court, any person who is interested in the estate has the right to be heard and to take part in the proceedings in addition to the persons to whom notice has been given.

65(6)Where the claim or demand or any part of it that is contested is one that could not have been brought in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act, the Court shall, on the application of either party or of any of the parties mentioned in subsection (5), direct the claimant to bring an action in The Court of Queen’s Bench of New Brunswick for the recovery or the establishment of the claim or demand on such terms and conditions as the Court considers just, but where the claimant and the personal representative consent, the claim or demand may be heard and disposed of by the Probate Court.

65(7)Where the claim or demand is heard by the Court in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act, the fees and costs payable shall be according to the tariff prescribed under the Rules of Court, and in other cases the fees payable to the Court and to the clerk shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or demand or so much thereof as is contested, and the fees to be allowed to counsel or solicitors shall be fixed and determined by the Court having regard to the amount involved and the importance of the contest.

65(8)This section applies notwithstanding that the claim or demand is not presently payable, and that for that reason an action for the recovery of the claim or demand could not be brought.

65(9)The Court may order the issue of a commission to take the testimony of any person or party residing out of the Province in connection with the giving of evidence on any proceeding under this section.

65(10)The Court may make an order for the taking of the evidence de bene esse of any material and necessary witness residing in the Province who is sick, aged or infirm or who is about to leave the Province, and to direct to whom notice of the examination is to be given.

65(11)A summons to witness may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section.

65(12)The Rules of Court made pursuant to the Judicature Act so far as they are applicable apply to every application for such commission or order for examination, and the issue, execution, enforcement and return thereof, and the Court has power to award costs of all such proceedings according to the tariff in force from time to time for the same services in the Court of Queen’s Bench.

65(13)Where a claim or demand is established under this section, no proceeding shall be taken to enforce payment of the claim or demand without the permission of the Court.

65(14)Where permission to enforce payment of a claim or demand is given, the order shall be filed in the Court of Queen’s Bench and an execution shall issue as upon a judgment of that Court, and an order for payment of costs may be issued in the same way.

65(1)Where a claim or demand is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, he may serve the claimant with a notice of contestation in writing making reference to this section and stating that he contests the claim or demand in whole or in part, and if in part stating what part.

65(2)Within thirty days after the receipt of such notice of contestation or within three months thereafter if the Court on application so allows, the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit or affirmation and a copy of the notice of the contestation, apply to the Court for an order allowing his claim and determining the amount of it, and the Court shall hear the parties and the witnesses and shall make such order upon the application as it considers just, and if the claimant does not make such application, he shall be deemed to have abandoned his claim or demand and it is forever barred.

65(3)Where the application for the order allowing the claim or demand is one that could have been brought in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act, the Court shall hear and dispose of the application in accordance with that procedure.

65(4)Where the procedure referred to in subsection (3) is followed, notice of the application in respect of the claim or demand shall be given to the personal representative and to the guardian, if minors are involved, and to such persons as may be beneficially interested in the estate as the Court directs.

65(5)Where pursuant to this section an application is made to the Court, any person who is interested in the estate has the right to be heard and to take part in the proceedings in addition to the persons to whom notice has been given.

65(6)Where the claim or demand or any part of it that is contested is one that could not have been brought in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act, the Court shall, on the application of either party or of any of the parties mentioned in subsection (5), direct the claimant to bring an action in The Court of Queen’s Bench of New Brunswick for the recovery or the establishment of the claim or demand on such terms and conditions as the Court considers just, but where the claimant and the personal representative consent, the claim or demand may be heard and disposed of by the Probate Court.

65(7)Where the claim or demand is heard by the Court in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act, the fees and costs payable shall be according to the tariff prescribed under the Rules of Court, and in other cases the fees payable to the Court and to the clerk shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or demand or so much thereof as is contested, and the fees to be allowed to counsel or solicitors shall be fixed and determined by the Court having regard to the amount involved and the importance of the contest.

65(8)This section applies notwithstanding that the claim or demand is not presently payable, and that for that reason an action for the recovery of the claim or demand could not be brought.

65(9)The Court may order the issue of a commission to take the testimony of any person or party residing out of the Province in connection with the giving of evidence on any proceeding under this section.

65(10)The Court may make an order for the taking of the evidence de bene esse of any material and necessary witness residing in the Province who is sick, aged or infirm or who is about to leave the Province, and to direct to whom notice of the examination is to be given.

65(11)A summons to witness may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section.

65(12)The Rules of Court made pursuant to the Judicature Act so far as they are applicable apply to every application for such commission or order for examination, and the issue, execution, enforcement and return thereof, and the Court has power to award costs of all such proceedings according to the tariff in force from time to time for the same services in the Court of Queen’s Bench.

65(13)Where a claim or demand is established under this section, no proceeding shall be taken to enforce payment of the claim or demand without the permission of the Court.

65(14)Where permission to enforce payment of a claim or demand is given, the order shall be filed in the Court of Queen’s Bench and an execution shall issue as upon a judgment of that Court, and an order for payment of costs may be issued in the same way.

65(1)Where a claim or demand is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, he may serve the claimant with a notice of contestation in writing making reference to this section and stating that he contests the claim or demand in whole or in part, and if in part stating what part.

65(2)Within thirty days after the receipt of such notice of contestation or within three months thereafter if the Court on application so allows, the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit or affirmation and a copy of the notice of the contestation, apply to the Court for an order allowing his claim and determining the amount of it, and the Court shall hear the parties and the witnesses and shall make such order upon the application as it considers just, and if the claimant does not make such application, he shall be deemed to have abandoned his claim or demand and it is forever barred.

65(3)Where the application for the order allowing the claim or demand is one that could have been brought under the Small Claims Act, the Court shall hear and dispose of the application in accordance with the procedure established under the Small Claims Act, with such modifications as may be necessary.

65(4)Where the procedure referred to in subsection (3) is followed, notice of the application in respect of the claim or demand shall be given to the personal representative and to the guardian, if minors are involved, and to such persons as may be beneficially interested in the estate as the Court directs.

65(5)Where pursuant to this section an application is made to the Court, any person who is interested in the estate has the right to be heard and to take part in the proceedings in addition to the persons to whom notice has been given.

65(6)Where the claim or demand or any part of it that is contested is one that could not have been brought under the Small Claims Act, the Court shall, on the application of either party or of any of the parties mentioned in subsection (5), direct the claimant to bring an action in The Court of Queen’s Bench of New Brunswick for the recovery or the establishment of the claim or demand on such terms and conditions as the Court considers just, but where the claimant and the personal representative consent, the claim or demand may be heard and disposed of by the Probate Court.

65(7)Where the claim or demand heard by the Court is in accordance with the procedure under the Small Claims Act, the fees and costs payable shall be according to the tariff prescribed under that Act, and in other cases the fees payable to the Court and to the clerk shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or demand or so much thereof as is contested, and the fees to be allowed to counsel or solicitors shall be fixed and determined by the Court having regard to the amount involved and the importance of the contest.

65(8)This section applies notwithstanding that the claim or demand is not presently payable, and that for that reason an action for the recovery of the claim or demand could not be brought.

65(9)The Court may order the issue of a commission to take the testimony of any person or party residing out of the Province in connection with the giving of evidence on any proceeding under this section.

65(10)The Court may make an order for the taking of the evidence de bene esse of any material and necessary witness residing in the Province who is sick, aged or infirm or who is about to leave the Province, and to direct to whom notice of the examination is to be given.

65(11)A summons to witness may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section.

65(12)The Rules of Court made pursuant to the Judicature Act so far as they are applicable apply to every application for such commission or order for examination, and the issue, execution, enforcement and return thereof, and the Court has power to award costs of all such proceedings according to the tariff in force from time to time for the same services in the Court of Queen’s Bench.

65(13)Where a claim or demand is established under this section, no proceeding shall be taken to enforce payment of the claim or demand without the permission of the Court.

65(14)Where permission to enforce payment of a claim or demand is given, the order shall be filed in the Court of Queen’s Bench and an execution shall issue as upon a judgment of that Court, and an order for payment of costs may be issued in the same way.