Acts and Regulations

P-19 - Property Act

Full text
Probate of will in solemn form, effect of, as to lands
64(1)Where probate of a will is granted in solemn form by The Probate Court of New Brunswick, the probate shall enure for the benefit of all persons interested in the real estate affected by the will, and the probate copy of the will, or the letters of administration with the will annexed, or a copy thereof respectively, stamped with the seal of The Probate Court of New Brunswick shall, in all courts and in all suits and proceedings affecting real estate, save proceedings by way of appeal under the Probate Court Act or for the revocation of such probate or administration, be received as conclusive evidence of the validity and contents of the will, in like manner as a probate is received in evidence in matters relating to the personal estate.
64(2)Where, on application to prove a will in solemn form, by judgment or order of The Probate Court of New Brunswick probate is refused or revoked on the ground of the invalidity of the will, such judgment or order shall enure for the benefit of the heirs or other persons against whose interest in real estate the will might operate, and that will shall not be received in evidence in any suit or proceeding in relation to the real estate, save in a proceeding by way of appeal from such judgment or order.
R.S., c.177, s.61; 1986, c.4, s.42; 1987, c.6, s.87