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P-17.1
- Probate Court Act
Table des matières détaillée
Document au 29 mars 2019
Probate Court Act
1
Definitions
COURT AND POWERS
2
The Probate Court of New Brunswick
3
Powers vested in Court
4
Seal of the Court
5
Establishment of probate offices
6
Power to enforce judgments and orders
7
Power to punish by fine or imprisonment
8
Applicable rules of evidence
JUDGES
9
Court of Queen’s Bench judge ex officio judge
10
Conclusion of business on retirement
COURT OFFICIALS REGISTRAR
11
Appointment of Registrar and deputy registrars
CLERKS
12
Appointment of clerks and deputy clerks
12.1
Actions in performance and exercise of duties deemed proper
13
Registrar and deputy registrar ex officio clerks
PROBATE OFFICES
14
Office hours of probate offices
15
Filing and preservation of documents
16
Disposition of documents
17
Forwarding of information to Registrar
PUBLIC ADMINISTRATOR
18
Repealed
19
Repealed
20
Probate value of estate not exceeding three thousand dollars
21
Repealed
22
Repealed
23
Fees and reimbursement for expenses of administration
24
Repealed
25
Administration of pension estate
26
Administration of estates of deceased persons
LEGACY ACTION
27
Prohibition respecting legacy action
ISSUANCE OF LETTERS
28
Repealed
29
Where application presented
30
Letters in force until revoked
31
Effect of letters
PRODUCTIONS AND CONTENTIOUSPROCEEDINGS
32
Order to produce documents, order to attend for examination
33
Removal of contentious proceedings to Court of Queen’s Bench
APPEALS
34
Right of a party or person taking part in proceeding to appeal
35
Right of person beneficially interested to appeal
APPLICATION FOR GRANT
36
Application where deceased resident in Province, application where deceased member of forces, mariner or seaman
37
Application where deceased had no fixed place of abode or was a non-resident
38
Court governed by principles of common law
39
Application by person not next-of-kin
40
Grant of temporary administration
41
Notarial will made in Quebec
42
Stay of proceedings where two applications made
43
Determination of appropriate probate office
CAVEATS
44
Lodging of caveat
45
Summons to attend and parties to proceedings
46
Summons to executor
EXECUTORS’ APPOINTMENTS
47
Cessation of executorship
48
Renunciation by executor
49
Infant as sole executor
50
Power of guardian or other person
OFFICIAL COPIES
51
Obtainment of official copies
ADMINISTRATORS’ APPOINTMENTS
52
Appointment of administrator pending validity of will
53
Appointment of administrator
54
Power of administrator to sue or prosecute or to act as personal representative of deceased
55
Limited letters
INVENTORY
56
Necessity to deliver statement of total value of property
BONDS
57
Bonds
58
Exemptions from bond requirement
59
Just and full account when lawfully required
60
Additional security
61
Substitution of surety
62
Cancellation of bond or security
63
Notice to guardian, committee and others before bond or security cancelled
PAYMENTS - CONTESTED DEBTS
64
Priority of payment of debts
65
Contestation of claim
66
Idem
67
Resolution of dispute in summary manner
68
Application of Limitation of Actions Act
ACCOUNTING
69
Accounting of executor as trustee
70
Binding effect of approval by Court
71
Power of the Court to make inquiry
72
Rendering of account by inventory
RESEALING
73
Sealing of letters or other legal documents grant by a Court of another jurisdiction
REHEARING
74
Rehearing before another judge
FEES
75
Calculation of fees payable
TAX
75.1
Tax payable
RULES
76
Functions of Rules Committee
77
Regulations
TRANSITIONAL
78
Continuance of applications made under Probate Courts Act
REPEAL
79
Probate Courts Act repealed
COMING INTO FORCE
80
Commencement
SCHEDULE A
TAX PAYABLE UNDER SECTION 75.1