Acts and Regulations

P-17.1 - Probate Court Act

Full text
Idem
66(1)Where any claim or demand not within the meaning of subsection 65(1) 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 the notice prescribed in that subsection.
66(2)Within the time limits mentioned in subsection 65(2) the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit and a copy of the notice of contestation, apply to the Court for an order for directions as to the disposition of the claim or demand, and if the claimant does not make the application he shall be deemed to have abandoned his claim or demand and it is forever barred.
66(3)Not fewer than seven days’ notice of the application made pursuant to subsection (2) shall be given to the personal representative and to the guardian, if minors are concerned, and to such if any of the persons beneficially interested in the estate as the Court directs.
66(4)The Court may make such order upon the application for directions as it considers just, and in particular but without limiting the generality of the foregoing it may
(a) direct the claimant to bring an action for recovery or establishment of his claim or demand on such terms and conditions as it considers just; and
(b) where the claim or demand is not presently recoverable, prescribe the time after which the claimant shall proceed pursuant to the directions.
66(5)By consent of the claimant and the personal representative the Court may direct that the trial take place before it.
66(6)When an order is made under subsection (4), subsections 65(9), (10), (11) and (12) apply mutatis mutandis.
66(7)If the personal representative does not appeal from an order made under subsection (2) or (4), any person beneficially interested in the estate may by leave of a judge of the Court of King’s Bench appeal therefrom.
66(8)Where the claimant or a personal representative appeals from an order made under subsection (2) or (4), any person beneficially interested in the estate may, by leave of the court that hears the appeal, appear and be heard.
1986, c.4, s.41; 2023, c.17, s.209
Idem
66(1)Where any claim or demand not within the meaning of subsection 65(1) 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 the notice prescribed in that subsection.
66(2)Within the time limits mentioned in subsection 65(2) the claimant may, upon filing with the clerk a statement of his claim or demand verified by affidavit and a copy of the notice of contestation, apply to the Court for an order for directions as to the disposition of the claim or demand, and if the claimant does not make the application he shall be deemed to have abandoned his claim or demand and it is forever barred.
66(3)Not fewer than seven days’ notice of the application made pursuant to subsection (2) shall be given to the personal representative and to the guardian, if minors are concerned, and to such if any of the persons beneficially interested in the estate as the Court directs.
66(4)The Court may make such order upon the application for directions as it considers just, and in particular but without limiting the generality of the foregoing it may
(a) direct the claimant to bring an action for recovery or establishment of his claim or demand on such terms and conditions as it considers just; and
(b) where the claim or demand is not presently recoverable, prescribe the time after which the claimant shall proceed pursuant to the directions.
66(5)By consent of the claimant and the personal representative the Court may direct that the trial take place before it.
66(6)When an order is made under subsection (4), subsections 65(9), (10), (11) and (12) apply mutatis mutandis.
66(7)If the personal representative does not appeal from an order made under subsection (2) or (4), any person beneficially interested in the estate may by leave of a judge of the Court of Queen’s Bench appeal therefrom.
66(8)Where the claimant or a personal representative appeals from an order made under subsection (2) or (4), any person beneficially interested in the estate may, by leave of the court that hears the appeal, appear and be heard.
1986, c.4, s.41