71(1)The Court, on passing the accounts of a personal representative, has jurisdiction to enter into and make a full inquiry and accounting of and concerning the whole property of which the deceased died possessed or entitled, and the administration and disbursement thereof in as full and ample a manner as the Court considers necessary, and for such purpose may take evidence and decide disputed matters arising in such accounting, subject to appeal.

71(2)The Court, on passing any accounts under this section, has power to inquire into any complaint or claim, by any person interested in such accounts, of misconduct, neglect or default on the part of the personal representative occasioning financial loss to the estate or trust fund, and the Court, on proof of such claim, may order the personal representative to pay such sum by way of damages or otherwise as it considers proper and just to the estate or trust fund, but any order made under this subsection is subject to appeal.

71(3)The Court may order the trial of an issue of any complaint or claim under subsection (2), and in such case it shall make all necessary directions as to pleadings, production of documents and otherwise in connection with the issue.

71(4)The persons interested in such accounts or the making of such inquiries are, if resident in the Province, entitled to not fewer than seven days’ notice thereof, and if resident out of the Province are entitled to such notice as the Court may direct.

71(5)Where a person entitled to notice under subsection (4) is a minor or is of unsound mind and is not a patient in a psychiatric facility under the Mental Health Act, his notice shall be served upon his guardian not fewer than twenty-one days before the day appointed for the passing of the accounts, and unless such notice is so given such person is not bound by the passing of the accounts.

71(6)Where a person entitled to notice under subsection (4) is a patient in a psychiatric facility under the Mental Health Act, his notice shall be served upon one of his next-of-kin not fewer than twenty-one days before the day appointed for the passing of the accounts, and unless such notice is so given such person is not bound by the passing of the accounts.

71(7)Where by the terms of a will or other instrument in writing under which such an executor, administrator or trustee acts, real or personal property or any right or interest therein or proceeds therefrom have heretofore been given, or are hereafter to be vested in any person, executor, administrator or trustee for any religious, educational, charitable or other purpose, or are to be applied by him to or for any such purpose, notice of an application for the passing of accounts shall be served upon the Public Trustee, unless the Public Trustee is himself or herself the executor, administrator or trustee.

71(8)Where a person has died intestate in the Province and administration has been granted to some person who is neither the Public Trustee nor one of the next-of-kin, and it appears to be doubtful whether the intestate left any next-of-kin surviving him or her or that there are no known next-of-kin resident in the Province, notice of an application for the passing of accounts shall be served upon the Public Trustee.

71(9)Where accounts submitted to the Court are of an intricate or complicated character and in the opinion of the Court require expert investigation, it may appoint an accountant or other skilled person to investigate and to assist it in auditing the accounts.

71(1)The Court, on passing the accounts of a personal representative, has jurisdiction to enter into and make a full inquiry and accounting of and concerning the whole property of which the deceased died possessed or entitled, and the administration and disbursement thereof in as full and ample a manner as the Court considers necessary, and for such purpose may take evidence and decide disputed matters arising in such accounting, subject to appeal.

71(2)The Court, on passing any accounts under this section, has power to inquire into any complaint or claim, by any person interested in such accounts, of misconduct, neglect or default on the part of the personal representative occasioning financial loss to the estate or trust fund, and the Court, on proof of such claim, may order the personal representative to pay such sum by way of damages or otherwise as it considers proper and just to the estate or trust fund, but any order made under this subsection is subject to appeal.

71(3)The Court may order the trial of an issue of any complaint or claim under subsection (2), and in such case it shall make all necessary directions as to pleadings, production of documents and otherwise in connection with the issue.

71(4)The persons interested in such accounts or the making of such inquiries are, if resident in the Province, entitled to not fewer than seven days’ notice thereof, and if resident out of the Province are entitled to such notice as the Court may direct.

71(5)Where a person entitled to notice under subsection (4) is a minor or is of unsound mind and is not a patient in a psychiatric facility under the Mental Health Act, his notice shall be served upon his guardian not fewer than twenty-one days before the day appointed for the passing of the accounts, and unless such notice is so given such person is not bound by the passing of the accounts.

71(6)Where a person entitled to notice under subsection (4) is a patient in a psychiatric facility under the Mental Health Act, his notice shall be served upon the Administrator of Estates appointed pursuant to that Act not fewer than twenty-one days before the day appointed for the passing of the accounts, and unless such notice is so given such person is not bound by the passing of the accounts.

71(7)Where by the terms of a will or other instrument in writing under which such an executor, administrator or trustee acts, real or personal property or any right or interest therein or proceeds therefrom have heretofore been given, or are hereafter to be vested in any person, executor, administrator or trustee for any religious, educational, charitable or other purpose, or are to be applied by him to or for any such purpose, notice of an application for the passing of accounts shall be served upon the Public Administrator and upon a public trustee, if any, of the Province.

71(8)Where a person has died intestate in the Province and administration has been granted to some person, not one of the next-of-kin, and it appears to be doubtful whether the intestate left any next-of-kin surviving him or that there are no known next-of-kin resident in the Province, notice of an application for the passing of accounts shall be served upon a public trustee, if any, of the Province.

71(9)Where accounts submitted to the Court are of an intricate or complicated character and in the opinion of the Court require expert investigation, it may appoint an accountant or other skilled person to investigate and to assist it in auditing the accounts.