Acts and Regulations

P-26.5 - Public Trustee Act

Section 7
Disposition versions

Full text
Delivering property
7(1)If the Public Trustee, while acting in any capacity, holds property of a person who has died and to which the person’s personal representative is entitled, the production to the Public Trustee of the following is sufficient justification and authority for delivering the property to the personal representative:
(a) an authenticated copy of the probate of the will of the deceased, or of letters of administration of his or her property, or of letters of verification of heirship, or of the act of curatorship or tutorship, granted by a court in Canada having power to make that grant;
(b) an authentic copy of the will of the deceased, if it is a notarial will under the laws of the Province of Quebec; or
(c) if the deceased died elsewhere than in Canada, an authenticated copy of the probate of his or her will, or of letters of administration of his or her property, or other document to the same effect, granted by any court or authority having the requisite power in those matters.
7(2)When the authenticated copy or other document to the same effect is produced to the Public Trustee under subsection (1), a true copy of it shall also be deposited with him or her.
Delivering property
7(1)If the Public Trustee, while acting in any capacity, holds property of a person who has died and to which the person’s personal representative is entitled, the production to the Public Trustee of the following is sufficient justification and authority for delivering the property to the personal representative:
(a) an authenticated copy of the probate of the will of the deceased, or of letters of administration of his or her property, or of letters of verification of heirship, or of the act of curatorship or tutorship, granted by a court in Canada having power to make that grant;
(b) an authentic copy of the will of the deceased, if it is a notarial will under the laws of the Province of Quebec; or
(c) if the deceased died elsewhere than in Canada, an authenticated copy of the probate of his or her will, or of letters of administration of his or her property, or other document to the same effect, granted by any court or authority having the requisite power in those matters.
7(2)When the authenticated copy or other document to the same effect is produced to the Public Trustee under subsection (1), a true copy of it shall also be deposited with him or her.