Acts and Regulations

P-26.5 - Public Trustee Act

Section 29
Disposition versions

Full text
Probate Court Act
29(1)Section 1 of the Probate Court Act, chapter P-17.1 of the Acts of New Brunswick, 1982, is amended
(a) in the definition “persons beneficially interested” by striking out “a Public Administrator appointed under this Act, a public trustee, a Committee appointed under the Infirm Persons Act, the Administrator of Estates appointed under the Mental Health Act” and substituting “the Public Trustee, a committee appointed under the Infirm Persons Act”;
(b) in the definition “personal representative” by striking out “the Public Administrator, a public trustee” and substituting “the Public Trustee”;
(c) by repealing the definition “Public Administrator”;
(d) by adding the following definition in alphabetical order:
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act;(curateur public)
29(2)Section 18 of the Act is repealed.
29(3)Section 19 of the Act is repealed.
29(4)Section 20 of the Act is amended
(a) by repealing subsection (1);
(b) in subsection (2) by striking out “Public Administrator” wherever it appears and substituting “Public Trustee”;
(c) in subsection (3) by striking out “Public Administrator” and substituting “Public Trustee”;
(d) by repealing subsection (4).
29(5)Section 21 of the Act is repealed.
29(6)Section 22 of the Act is repealed.
29(7)Section 23 of the Act is repealed and the following is substituted:
23With respect to the administration of the estate or property of a deceased person, the Public Trustee may charge such fees as are provided for in the Public Trustee Act and the regulations under that Act and is entitled to be reimbursed for expenses in accordance with that Act.
29(8)Section 24 of the Act is repealed.
29(9)Section 25 of the Act is amended
(a) in subsection (2) by striking out “Public Administrator” and substituting “Public Trustee”;
(b) in subsection (3) by striking out “Public Administrator” and substituting “Public Trustee”;
(c) in subsection (4) by striking out “Public Administrator” and substituting “Public Trustee”;
(d) by repealing subsection (5) and substituting the following:
25(5)The Public Trustee may pay the pension estate to any relative by blood or connection by marriage of a deceased pensioner or any other person appearing to him or her to be equitably entitled to the same by reason of having incurred expense for the maintenance, medical attention or burial of the deceased pensioner or to have a claim against the estate of the pensioner in relation to any such expense, or he or she may distribute the estate among the said several persons as he or she sees fit.
29(10)Section 26 of the Act is amended by striking out “Public Administrator” and substituting “Public Trustee”.
29(11)Subsection 58(1) of the Act is amended by striking out “Public Administrator, a public trustee” and substituting“Public Trustee”.
29(12)Section 71 of the Act is amended
(a) in subsection (6) by striking out “the Administrator of Estates appointed pursuant to that Act” and substituting “one of his next-of-kin”;
(b) in subsection (7) by striking out “Public Administrator and upon a public trustee, if any, of the Province” and substituting “Public Trustee, unless the Public Trustee is himself or herself the executor, administrator or trustee”;
(c) by repealing subsection (8) and substituting the following:
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.
Probate Court Act
29(1)Section 1 of the Probate Court Act, chapter P-17.1 of the Acts of New Brunswick, 1982, is amended
(a) in the definition “persons beneficially interested” by striking out “a Public Administrator appointed under this Act, a public trustee, a Committee appointed under the Infirm Persons Act, the Administrator of Estates appointed under the Mental Health Act” and substituting “the Public Trustee, a committee appointed under the Infirm Persons Act”;
(b) in the definition “personal representative” by striking out “the Public Administrator, a public trustee” and substituting “the Public Trustee”;
(c) by repealing the definition “Public Administrator”;
(d) by adding the following definition in alphabetical order:
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act;
29(2)Section 18 of the Act is repealed.
29(3)Section 19 of the Act is repealed.
29(4)Section 20 of the Act is amended
(a) by repealing subsection (1);
(b) in subsection (2) by striking out “Public Administrator” wherever it appears and substituting “Public Trustee”;
(c) in subsection (3) by striking out “Public Administrator” and substituting “Public Trustee”;
(d) by repealing subsection (4).
29(5)Section 21 of the Act is repealed.
29(6)Section 22 of the Act is repealed.
29(7)Section 23 of the Act is repealed and the following is substituted:
23With respect to the administration of the estate or property of a deceased person, the Public Trustee may charge such fees as are provided for in the Public Trustee Act and the regulations under that Act and is entitled to be reimbursed for expenses in accordance with that Act.
29(8)Section 24 of the Act is repealed.
29(9)Section 25 of the Act is amended
(a) in subsection (2) by striking out “Public Administrator” and substituting “Public Trustee”;
(b) in subsection (3) by striking out “Public Administrator” and substituting “Public Trustee”;
(c) in subsection (4) by striking out “Public Administrator” and substituting “Public Trustee”;
(d) by repealing subsection (5) and substituting the following:
25(5)The Public Trustee may pay the pension estate to any relative by blood or connection by marriage of a deceased pensioner or any other person appearing to him or her to be equitably entitled to the same by reason of having incurred expense for the maintenance, medical attention or burial of the deceased pensioner or to have a claim against the estate of the pensioner in relation to any such expense, or he or she may distribute the estate among the said several persons as he or she sees fit.
29(10)Section 26 of the Act is amended by striking out “Public Administrator” and substituting “Public Trustee”.
29(11)Subsection 58(1) of the Act is amended by striking out “Public Administrator, a public trustee” and substituting“Public Trustee”.
29(12)Section 71 of the Act is amended
(a) in subsection (6) by striking out “the Administrator of Estates appointed pursuant to that Act” and substituting “one of his next-of-kin”;
(b) in subsection (7) by striking out “Public Administrator and upon a public trustee, if any, of the Province” and substituting “Public Trustee, unless the Public Trustee is himself or herself the executor, administrator or trustee”;
(c) by repealing subsection (8) and substituting the following:
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.