Acts and Regulations

P-17.1 - Probate Court Act

Full text
Sealing of letters or other legal documents grant by a Court of another jurisdiction
73(1)Where letters probate of a will or letters of administration or other legal documents purporting to be of the same nature granted by a court of competent jurisdiction in the United Kingdom, in a province or territory of Canada, in any country of the Commonwealth or in any state or territory of the United States of America or a certified copy thereof are produced to, and a copy of the original or where a certified copy is produced, the certified copy deposited with a clerk or the Registrar and the tax required under this Act is paid as on a grant of letters probate of a will or letters of administration, the letters probate or letters of administration or other legal documents or the certified copy thereof shall, under the direction of the Court, be sealed with the Seal of the Court.
73(1.1)Where letters probate or letters of administration or other legal documents, or a certified copy thereof, are sealed in accordance with subsection (1) with the seal of the Court, the letters probate or letters of administration or the other legal documents are of the like force and effect in the Province as if the original letters probate or letters of administration or other legal documents had been granted by the Court, and are, so far as regards the Province, subject to any order made by the Court, or on appeal therefrom, as if the letters probate or letters of administration or other legal documents had been granted thereby.
73(2)Letters of verification issued in the Province of Quebec shall be deemed to be a probate within the meaning of this section.
73(3)Repealed: 1997, c.7, s.6
73(4)The letters of administration or other legal document purporting to be of the same nature shall not be sealed with the Seal of the Court until a certificate has been filed with the Court, signed by the clerk or the registrar of the court that issued the letters or document, certifying that security has been given in the court in a sufficient amount to cover the assets outside the jurisdiction of the Court as well as the assets within the Province or, in the absence of such certificate, until like security is given to the Court covering the assets within the Province as in the case of granting original letters of administration.
1983, c.68, s.15; 1987, c.6, s.85; 1994, c.66, s.3; 1997, c.7, s.6; 1999, c.29, s.3