The Dependants Relief Act

Size: px
Start display at page:

Download "The Dependants Relief Act"

Transcription

1 The Dependants Relief Act being Chapter 111 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Application to court for relief 4 Notice of motion 5 Service of notice of motion 6 Affidavit 7 Other evidence 8 Maintenance order 9 Devise of property pursuant to contract 10 Allowances fall rateably on whole estate 11 Power of court to release part of estate 12 Power of court to allow commutation 13 Effect of order 14 Time limited for entertaining application 15 Distribution of estate postponed 16 Mortgage made in anticipation invalid 17 Power of court to discharge or vary order 18 Costs 19 Appeal 20 Enforcement of order

3 CHAPTER 111 An Act authorizing Provision for the Maintenance of Certain Dependants of Testators Short title 1 This Act may be cited as The Dependants Relief Act. 1940, c.36, s.1; R.S.S. 1940, c.111, s.1. Interpretation 2 In this Act, unless the context otherwise requires, the expression: Child 1. Child includes a child lawfully adopted by a testator and also a child of a testator en ventre sa mere at the date of the testator s death; Dependant 2. Dependant means the wife or husband of a testator, a child of a testator under the age of twenty-one years and a child of a testator over that age who by reason of mental or physical disability is unable to earn a livelihood; Estate 3. Estate means all the property of which a testator had power to dispose by his will, otherwise than by virtue of a special power of appointment, less the amount of his funeral, testamentary and administration expenses, debts and liabilities, and succession duties payable out of his estate on his death; Will 4. Will includes a codicil. 1940, c.36, s.2; R.S.S. 1940, c.111, s.2. Application to court for relief 3 Where a person dies domiciled in Saskatchewan, leaving a will and leaving a dependant or dependants, an application may be made to the Court of King s Bench by or on behalf of any dependant for an order making reasonable provision for his or her maintenance. 1940, c.36, s.3; R.S.S. 1940, c.111, s.3. Notice of motion 4 The application may be made by notice of motion in the matter of the estate of the deceased. 1940, c.36, s.4; R.S.S. 1940, c.111, s.4. Service of notice of motion 5(1) The notice of motion shall be served upon the executors named in the will, or upon any person to whom a grant of letters of administration with the will annexed has been made, six clear days before the notice is returnable. (2) The court may direct any other person to he served with notice of the application, and the practice and procedure of the Court of King s Bench upon applications in chambers shall, so far as the same are found to be applicable, apply to proceedings under this Act, save as herein otherwise provided. 1940, c.36, s.5; R.S.S. 1940, c.111, s.5.

4 4 c. 111 DEPENDANTS RELIEF Affidavit 6 The application shall be supported by an affidavit of the applicant setting forth fully all the facts in support of the application. 1940, c.36, s.6; R.S.S. 1940, c.111, s.6. Other evidence 7 In addition to the evidence adduced by the applicant the court may direct such other evidence to be given as it deems necessary. 1940, c.36, s.7; R.S.S. 1940, c.111, s.7. Maintenance order 8(1) If upon an application the court is of opinion that the testator has by will so disposed of real or personal property that reasonable provision has not been made for the maintenance of the dependant to whom the application relates, then, subject to the following provisions and to such conditions and restrictions as the court deems fit, the court may, in its discretion, make an order charging the whole or any portion of the estate, in such proportion and in such manner as it deems proper, with payment of an allowance sufficient to provide such maintenance as the court thinks reasonable, just and equitable in the circumstances. (2) No allowance ordered to be made to the wife, of the testator shall, in the opinion of the court, be less than she would have received if the husband had died intestate leaving a widow and children. (3) The allowance may be by way of an amount payable annually or otherwise, or of a lump sum to be paid, or of certain property to be transferred or assigned, either absolutely or for life or for a term of years, to the dependant, or for the use and benefit of the dependant, as the court deems fit. If a transfer of property is ordered, the court may give all necessary and proper directions for the execution of the transfer either by the executors or the administrators with the will annexed or such other person as the court may direct, or may grant a vesting order. (4) In determining whether, and in what way, and as from what date, provision for maintenance ought to be made by an order, the court shall have regard to the nature of the property representing the testator s estate and shall not order any provision necessitating a realization which would be improvident having regard to the interests of the dependants and of the person who, apart from the order, would be entitled to that property. (5) The court shall also have regard to any past, present or future capital or income from any source of the dependant to whom the application relates, to the conduct of that dependant in relation to the testator and otherwise, to the claims which any other person may have as a dependant of the testator, and generally to any other matters which the court deems should be fairly taken into account in deciding upon the application. (6) The court shall also have regard to the testator s reasons, so far as ascertainable, for making the dispositions made by his will, or for not making any provision or any further provision, as the case may be, for a dependant, and the court may accept such evidence of those reasons as it considers sufficient, including any statement in writing signed by the testator and dated, provided that in estimating the weight, if any, to be attached to any such statement the court shall have regard to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement.

5 DEPENDANTS RELIEF c (7) The court may refuse to make an order in favour of any person whose character or conduct is such as in the opinion of the court to disentitle him or her to the benefit of an order under this Act. 1940, c.36, s.8; R.S.S. 1940, c.111, s.8. Devise of property pursuant to contract 9 Where a testator has in his lifetime, bona fide and for valuable consideration, entered into a contract to devise or bequeath any property, real or personal, and has by his will devised or bequeathed such property in accordance with the provisions of the contract, such property shall not be liable to the provisions of an order made under this Act except to the extent that the value of the property, in the opinion of the court, exceeds the consideration received by the testator therefor. 1940, c.36, s.9; R.S.S. 1940, c.111, s.9. Allowances fall rateably on whole estate 10 The incidence of any allowance ordered shall, unless the court otherwise determines, fall rateably upon the whole estate, or in cases where the authority of the court does not extend or cannot, directly or indirectly, be made to extend to the whole estate, then to so much thereof as is situated in the province. 1940, c.36, s.10; R.S.S. 1940, c.111, s.10. Power of court to release part of estate 11 The court may exonerate any part of the testator s estate from the incidence of the order after hearing such of the parties as may be affected by the exoneration as it thinks necessary, and may for that purpose direct any executor or trustee to represent, or appoint any person to represent, any such party. 1940, c.36, s.11; R.S.S. 1940, c.111, s.11. Power of court to allow commutation 12 The court may at any time fix a periodic payment or lump sum to be paid by any legatee or devisee to represent, or in commutation of, such proportion of a sum ordered to be paid as falls upon the portion of the estate in which he is interested, and may exonerate such portion from further liability, and may direct in what manner such periodic payment shall be secured, or to whom such lump sum shall be paid and in what manner it shall be invested for the benefit of the person to whom the commuted payment was payable. 1940, c.36, s.12; R.S.S. 1940, c.111, s.12.

6 6 c. 111 DEPENDANTS RELIEF Effect of order 13(1) Where an order is made under this Act, then for all purposes, including the purposes of enactments relating to succession duties, the will shall have effect, and shall be deemed to have had effect as from the testator s death, as if it had been executed, with such variations as are, specified in the order, for the purpose of giving effect to the provision for maintenance made by the order. (2) The court may give such consequential directions as it thinks fit for the purpose of giving effect to an order, but no larger part of the estate shall be set aside or appropriated to answer by the income thereof the provision for maintenance thereby made than such a part as, at the date of the order, is sufficient to produce by the income thereof the amount of the said provision. (3) A certified copy of every order made under this Act shall be filed with the clerk of the surrogate court out of which the letters probate or letters of administration with the will annexed issued, and a memorandum of the order shall be indorsed on, or annexed to, the original letters probate or letters of administration with the will annexed, as the case may be. 1940, c.36, s.13; R.S.S. 1940, c.111, s.13. Time limited for entertaining application 14 No order shall be made unless on an application made within six months from the grant of probate of the will or of administration with the will annexed, but the court may, if it deems it just, allow an application to be made at any time as to any portion of the estate remaining undistributed at the date of the application. 1940, c.36, s.14; R.S.S. 1940, c.111, s.14. Distribution of estate postponed 15(1) After service of notice of an application for an allowance under this Act the executor or trustee or the administrator shall not proceed with the distribution of the estate until the application is disposed of. (2) An executor, trustee or administrator who violates subsection (1) shall be guilty of an offence and liable on summary conviction, in the case of a natural person, to a fine not exceeding $1,000 and in default of payment to imprisonment for a term not exceeding sixty days, and in the case of a corporation, to a fine not exceeding $2, , c.36, s.15; R.S.S. 1940, c.111, s.15. Mortgage made in anticipation invalid 16 No dependant for whom provision is made pursuant to this Act shall anticipate the same, and no mortgage, charge or assignment of any kind whatsoever of or over such provision made before the order of the court shall be of any force, validity or effect. 1940, c.36, s.16; R.S.S. 1940, c.111, s.16.

7 DEPENDANTS RELIEF c Power of court to discharge or vary order 17(1) The court may at any time discharge, vary or suspend any order made by it, or make such other order as it deems just in the circumstances, on the ground that any material fact was not disclosed to the court when the order was made. (2) An application for an order under subsection (1) may be made by or on behalf of a dependant or by or on behalf of a beneficiary under the will. 1940, c.36, s.17; R.S.S. 1940, c.111, s.17. Costs 18 The court may direct that the costs of any application shall be payable out of the estate or otherwise as it deems just, and may fix the amount of the costs payable by any party, exclusive of necessary disbursements, at a lump sum having regard to the value of the estate and the amount of any allowance applied for or directed by its order. 1940, c.36, s.18; R.S.S. 1940, c.111, s.18. Appeal 19 Except as to costs, an appeal shall lie to the Court of Appeal from an order made under this Act and the Court of Appeal may annul or vary the order and the decision of the court upon the appeal shall be final. 1940, c.36, s.19; R.S.S. 1940, c.111, s.19. Enforcement of order 20 Any order made under this Act may be enforced against the estate of the testator in the same way and by the same means as any other judgment or order of the court against the estate might be enforced, and the court may make such order or direction, or interim order or direction, as may be necessary to secure to the dependant payment out of the estate of the sum or sums to which the dependant is found entitled. 1940, c.36, s.20; R.S.S. 1940, c.111, s.20.

8 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER Copyright 2010

The Dependants Relief Act, 1996

The Dependants Relief Act, 1996 1 The Dependants Relief Act, 1996 being Chapter D-25.01 of the Statutes of Saskatchewan, 1996 (effective February 21, 1997) as amended by the Statutes of Saskatchewan, 2001, c.34 and 51. NOTE: This consolidation

More information

DEPENDANTS OF A DECEASED PERSON RELIEF ACT

DEPENDANTS OF A DECEASED PERSON RELIEF ACT c t DEPENDANTS OF A DECEASED PERSON RELIEF ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 19, 2009. It is intended

More information

Caribbean Community (CARICOM) Secretariat

Caribbean Community (CARICOM) Secretariat Caribbean Community (CARICOM) Secretariat Back to Model Legislation on Issues Affecting Women CARICOM MODEL LEGISLATION ON INHERITANCE (FAMILY PROVISIONS) As the Long Title suggests, the main objectives

More information

TESTATOR'S FAMILY MAINTEN ANCE AND GUARDIANSHIP OF INFANTS ACT.

TESTATOR'S FAMILY MAINTEN ANCE AND GUARDIANSHIP OF INFANTS ACT. TESTATOR'S FAMILY MAINTEN ANCE AND GUARDIANSHIP OF INFANTS ACT. Act No. 41, 1016. An Act to assure to the widow or "widower and family of a testator an adequate maintenance from the estate of such testator

More information

BELIZE WILLS ACT CHAPTER 203 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

BELIZE WILLS ACT CHAPTER 203 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 BELIZE WILLS ACT CHAPTER 203 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law

More information

The Wills Act. being. Chapter 110 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941).

The Wills Act. being. Chapter 110 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). The Wills Act being Chapter 110 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of

More information

The Disabled Persons Allowances Act

The Disabled Persons Allowances Act The Disabled Persons Allowances Act being Chapter D-29 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated

More information

The Disabled Persons Allowance Act

The Disabled Persons Allowance Act The Disabled Persons Allowance Act UNEDITED being Chapter 273 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been

More information

ADMINISTRATOR GENERAL

ADMINISTRATOR GENERAL ADMINISTRATOR GENERAL CHAPTER 10:01 Current Pages page l.r.o. 1 2........ 1/2015 3 4........ 1/1968 5 7........ 1/2015 L.R.O. 1/2015 General Cap. 10:01 1 CHAPTER 10:01 ADMINISTRATOR GENERAL ARRANGEMENT

More information

The Homesteads Act. being. Chapter 101 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941).

The Homesteads Act. being. Chapter 101 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). The Homesteads Act being Chapter 101 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience

More information

The Administrator of Estates of the Mentally Imcompetent Act

The Administrator of Estates of the Mentally Imcompetent Act The Administrator of Estates of the Mentally Imcompetent Act being Chapter 240 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments

More information

The Survival of Actions Act

The Survival of Actions Act 1 SURVIVAL OF ACTIONS c. S-66.1 The Survival of Actions Act being Chapter S-66.1 of the Statutes of Saskatchewan, 1990-91 (effective June 22, 1990) as amended by the Statutes of Saskatchewan, 1992, c.62;

More information

The Attachment of Debts Act

The Attachment of Debts Act The Attachment of Debts Act being Chapter 59 of The Revised Statutes of Saskatchewan, 1920 (Assented to November 10, 1920). NOTE: This consolidation is not official. Amendments have been incorporated for

More information

No. of 2004 BILL FOR. AN ACT to make provision for the Administration of Small Estates. ENACTED by the Parliament of Antigua and Barbuda as follows

No. of 2004 BILL FOR. AN ACT to make provision for the Administration of Small Estates. ENACTED by the Parliament of Antigua and Barbuda as follows No. of The Administration of Small Estates Act, 1 ANTIGUA ANTIGUA No. of BILL FOR AN ACT to make provision for the Administration of Small Estates. [ ] ENACTED by the Parliament of Antigua and Barbuda

More information

DE FACTO RELATIONSHIPS ACT, 1984, No. 147

DE FACTO RELATIONSHIPS ACT, 1984, No. 147 DE FACTO RELATIONSHIPS ACT, 1984, No. 147 NEW SOUTH WALES. TABLE OF PROVISIONS. PART I. PRELIMINARY. 1. Short title. 2. Commencement. 3. Interpretation. 4. Construction of references to Local Courts, etc.

More information

New Zealand. 1908, No ]

New Zealand. 1908, No ] 384 1908.] New Zealand. FAMILY PROTECTION. 1908, No. 60. Short Title. Enactments consolidated. Savings. Interpretation, 1895, No. 20, sec. AN ACT to consolidate certain Enactments of the General Assembly

More information

The Attachment of Debts Act

The Attachment of Debts Act 1 ATTACHMENT OF DEBTS c. A-32 The Attachment of Debts Act Repealed by Chapter E-9.22 of The Statutes of Saskatchewan, 2010 (effective May 28, 2012). Formerly Chapter A-32 of The Revised Statutes of Saskatchewan,

More information

The Surrogate Courts Act

The Surrogate Courts Act c. 51 1 The Surrogate Courts Act being Chapter 51 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931). NOTE: This consolidation is not official. Amendments have been incorporated

More information

CHAPTER 242 ADMINISTRATION OF ESTATES (JURISDICTION AND PROCEDURE) /

CHAPTER 242 ADMINISTRATION OF ESTATES (JURISDICTION AND PROCEDURE) / CHAPTER 242 ADMINISTRATION OF ESTATES (JURISDICTION AND PROCEDURE) 1891-15 Parts I, II, IV of this Act came into operation on 30th May, 1891. Parts III, V and VI of this Act came into operation on 15th

More information

The Saskatchewan Farm Ownership Act

The Saskatchewan Farm Ownership Act The Saskatchewan Farm Ownership Act being Chapter S-17 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated

More information

BULK SALES c The Bulk Sales Act. being. Chapter 198 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920).

BULK SALES c The Bulk Sales Act. being. Chapter 198 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920). BULK SALES c. 198 1 The Bulk Sales Act being Chapter 198 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920). NOTE: This consolidation is not official. Amendments have been incorporated

More information

The Provincial Tax Commission Act

The Provincial Tax Commission Act The Provincial Tax Commission Act being Chapter 35 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated

More information

CONSOLIDATED LAWS OF SIERRA LEONE VOLUME 1

CONSOLIDATED LAWS OF SIERRA LEONE VOLUME 1 CONSOLIDATED LAWS OF SIERRA LEONE VOLUME 1 A Consolidation of Laws relating to: Administration of Estates Births and Deaths Children Marriages Women and Girls Compiled by Jamesina E.L. King (Mrs.) and

More information

The Deserted Wives and Children s Maintenance Act

The Deserted Wives and Children s Maintenance Act The Deserted Wives and Children s Maintenance Act UNEDITED being Chapter 341 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments

More information

The Surrogate Courts Act

The Surrogate Courts Act The Surrogate Courts Act UNEDITED being Chapter 54 of The Revised Statutes of Saskatchewan, 1909 (effective March 15, 1911). NOTE: This consolidation is not official. Amendments have been incorporated

More information

6:06 PREVIOUS CHAPTER

6:06 PREVIOUS CHAPTER TITLE 6 Chapter 6:06 TITLE 6 PREVIOUS CHAPTER WILLS ACT Acts 13/1987, 2/1990, 21/1998, 22/2001. ARRANGEMENT OF SECTIONS Section 1. Short title. 2. Interpretation. 3. Application of Act. 4. Capacity to

More information

THE PROBATE RULES. (Section 9) PART I PRELIMINARY PROVISIONS (rules 1-3)

THE PROBATE RULES. (Section 9) PART I PRELIMINARY PROVISIONS (rules 1-3) THE PROBATE RULES (Section 9) G.Ns. Nos. 10 of 1963 107 of 1963 369 of 1963 PART I PRELIMINARY PROVISIONS (rules 1-3) 1. Citation These Rules may be cited as the Probate Rules. 2. Interpretation In these

More information

LAWS OF BRUNEI CHAPTER 190 MARRIED WOMEN

LAWS OF BRUNEI CHAPTER 190 MARRIED WOMEN CHAPTER 190 MARRIED WOMEN S 30/90 REVISED EDITION 2000 (30th December 2000) 2000 Ed. CAP. 190 1 LAWS OF BRUNEI REVISED EDITION 2000 CHAPTER 190 MARRIED WOMEN ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY

More information

ESTATE ADMINISTRATION ACT

ESTATE ADMINISTRATION ACT Copyright (c) Queen's Printer, Victoria, British Columbia, Canada IMPORTANT INFORMATION ESTATE ADMINISTRATION ACT [RSBC 1996] CHAPTER 122 Contents Part 1 General 1 Definitions 2 Application of Act Part

More information

The Debt Adjustment Act

The Debt Adjustment Act DEBT ADJUSTMENT c. 87 1 The Debt Adjustment Act being Chapter 87 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been

More information

Article 1. Transfer of Personal Property Not Exceeding $75, in Value. Article 2. Setting Aside Estates Not Exceeding $75,

Article 1. Transfer of Personal Property Not Exceeding $75, in Value. Article 2. Setting Aside Estates Not Exceeding $75, CHAPTER 31 DISPOSITION OF ESTATES OF SMALL VALUE 2014 NOTE: Unless otherwise indicated, this Title includes annotations drafted by the Law Revision Commission from the enactment of Title 15 GCA by P.L.

More information

Wills, Probate & Administration Act

Wills, Probate & Administration Act Wills, Probate & Administration Act LAWS OF SOLOMON ISLANDS [Revised Edition 1996] CHAPTER 33 WILLS, PROBATE AND ADMINISTRATION ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. SHORT TITLE 2. APPLICATION

More information

WILLS LAW CHAPTER W2 LAWS OF LAGOS STATE

WILLS LAW CHAPTER W2 LAWS OF LAGOS STATE WILLS LAW CHAPTER W2 LAWS OF LAGOS STATE ARRANGEMENT OF SECTIONS 1. Power to dispose property by will. 2. Provision for family and dependants. 3. Will of person under age invalid. 4. Requirements for the

More information

The Bulk Sales Act. being. Chapter B-9 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979).

The Bulk Sales Act. being. Chapter B-9 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). The Bulk Sales Act being Chapter B-9 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience

More information

Civil Procedure Code (Amendment) Act No 14 of 1993

Civil Procedure Code (Amendment) Act No 14 of 1993 Gazette Nos, 772-1-1993 Civil Procedure Code (Amendment) Act No 14 of 1993 AN ACT TO AMEND THE CIVIL PROCEDURE CODE BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as

More information

The Sales on Consignment Act

The Sales on Consignment Act The Sales on Consignment Act being Chapter 286 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for

More information

Cohabitation Rights Bill [HL]

Cohabitation Rights Bill [HL] Cohabitation Rights Bill [HL] CONTENTS PART 1 INTRODUCTORY 1 Overview 2 Cohabitant 3 Former cohabitant 4 Relevant child The prohibited degrees of relationship PART 2 FINANCIAL SETTLEMENT ORDERS 6 Application

More information

The Municipalities Relief and Agricultural Aid Act

The Municipalities Relief and Agricultural Aid Act The Municipalities Relief and Agricultural Aid Act being Chapter 159 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have

More information

WILLS ACT. Published by Quickscribe Services Ltd. As it read up until November 23rd, 2011 Updated To:

WILLS ACT. Published by Quickscribe Services Ltd. As it read up until November 23rd, 2011 Updated To: PDF Version [Printer-friendly - ideal for printing entire document] WILLS ACT Published by As it read up until November 23rd, 2011 Updated To: Important: Printing multiple copies of a statute or regulation

More information

The Conditional Sales Act

The Conditional Sales Act The Conditional Sales Act being Chapter 291 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience

More information

The Public Guardian and Trustee Act

The Public Guardian and Trustee Act Consolidated to September 23, 2011 1 The Public Guardian and Trustee Act being Chapter P-36.3* of the Statutes of Saskatchewan, 1983 (effective April 1, 1984) as amended by the Statutes of Saskatchewan,

More information

BE it enacted by the Queen's Most Excellent Majesty by and

BE it enacted by the Queen's Most Excellent Majesty by and 1958. Wills. No. 6416 997 No. 6416. WILLS ACT 1958. An Act to consolidate the Law relating to Wills. [30th September, 1958.] BE it enacted by the Queen's Most Excellent Majesty by and with the advice and

More information

The Minimum Wage Act

The Minimum Wage Act MINIMUM WAGE c. 186 1 The Minimum Wage Act Chapter 186 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920). NOTE: This consolidation is not official. Amendments have been incorporated

More information

BERMUDA 1868 : 14 FRIENDLY SOCIETIES ACT

BERMUDA 1868 : 14 FRIENDLY SOCIETIES ACT Title 13 Laws of Bermuda Item 11 BERMUDA 1868 : 14 FRIENDLY SOCIETIES ACT 1868 ARRANGEMENT OF SECTIONS 1 Objects for which friendly societies may be established 2 Rules of friendly society 3 Registrar

More information

BERMUDA 1974 : 4 ADMINISTRATION OF ESTATES ACT

BERMUDA 1974 : 4 ADMINISTRATION OF ESTATES ACT BERMUDA 1974 : 4 ADMINISTRATION OF ESTATES ACT 1974 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1 Interpretation PART II GRANTS OF PROBATE AND ADMINISTRATION 2 Jurisdiction 3 Time lapse before grant 4 Application

More information

LAW OF SUCCESSION ACT

LAW OF SUCCESSION ACT LAWS OF KENYA LAW OF SUCCESSION ACT CHAPTER 160 Revised Edition 2015 [2012] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2015]

More information

Cohabitation Rights Bill [HL]

Cohabitation Rights Bill [HL] Cohabitation Rights Bill [HL] CONTENTS PART 1 INTRODUCTORY 1 Overview 2 Cohabitant 3 Former cohabitant 4 Relevant child The prohibited degrees of relationship PART 2 FINANCIAL SETTLEMENT ORDERS 6 Application

More information

97 PROBATE AND ADMINISTRATION ACT

97 PROBATE AND ADMINISTRATION ACT LAWS OF MALAYSIA REPRINT Act 97 PROBATE AND ADMINISTRATION ACT 1959 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE

More information

THE STATUTES OF THE REPUBLIC OF SINGAPORE WILLS ACT (CHAPTER 352)

THE STATUTES OF THE REPUBLIC OF SINGAPORE WILLS ACT (CHAPTER 352) THE STATUTES OF THE REPUBLIC OF SINGAPORE WILLS ACT (CHAPTER 352) (Original Enactment: Indian Act XXV of 1838) REVISED EDITION 1996 (27th December 1996) Prepared and Published by THE LAW REVISION COMMISSION

More information

LAWS OF MALAYSIA 97 PROBATE AND ADMINISTRATION ACT

LAWS OF MALAYSIA 97 PROBATE AND ADMINISTRATION ACT LAWS OF MALAYSIA Act 97 PROBATE AND ADMINISTRATION ACT 1959 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION

More information

Bankruptcy and Debt Advice (Scotland) Bill [AS INTRODUCED]

Bankruptcy and Debt Advice (Scotland) Bill [AS INTRODUCED] Bankruptcy and Debt Advice (Scotland) Bill [AS INTRODUCED] CONTENTS Section Advice and education 1 Sequestration of estate of living debtor: money advice 2 Financial education for debtor Payments by debtor

More information

The Administrator of Lunatic s Estates Act

The Administrator of Lunatic s Estates Act The Administrator of Lunatic s Estates Act UNEDITED being Chapter 159 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920). NOTE: This consolidation is not official. Amendments

More information

Section 3-Executors and Witnesses.

Section 3-Executors and Witnesses. WILLS ACT 1971 (ACT 360) Section 1-Power to Make a Will. (1) Any person of or above the age of eighteen years may in writing and in accordance with this Act make a will disposing of any property which

More information

WILLS ACT, 2002 ARRANGEMENT OF SECTIONS PART II PRELIMINARY WILLS

WILLS ACT, 2002 ARRANGEMENT OF SECTIONS PART II PRELIMINARY WILLS WILLS ACT, 2002 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title. 2. interpretation. PART II WILLS 3. Property disposable by will. 4. Capacity to make a will. 5. Formalities for execution of wills.

More information

The Department of Consumer Affairs Act

The Department of Consumer Affairs Act The Department of Consumer Affairs Act being Chapter D-9 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated

More information

The Municipalities Relief and Agricultural Aid Act

The Municipalities Relief and Agricultural Aid Act The Municipalities Relief and Agricultural Aid Act UNEDITED being Chapter 178 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments

More information

The Chartered Accountants Act

The Chartered Accountants Act The Chartered Accountants Act UNEDITED being Chapter 305 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been incorporated

More information

LAST WILL AND TESTAMENT OF. I,, presently of,, declare that this is my Last Will and Testament.

LAST WILL AND TESTAMENT OF. I,, presently of,, declare that this is my Last Will and Testament. LAST WILL AND TESTAMENT OF I,, presently of,, declare that this is my Last Will and Testament. PRELIMINARY DECLARATIONS Prior Wills and Codicils 1. I revoke all prior Wills and Codicils. Marital Status

More information

The Family Court Act

The Family Court Act FAMILY COURT c. F-4 1 The Family Court Act being Chapter F-4 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been

More information

The Garage Keepers Act

The Garage Keepers Act The Garage Keepers Act being Chapter 298 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience

More information

The Court of Appeal Act

The Court of Appeal Act The Court of Appeal Act being Chapter 38 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920). NOTE: This consolidation is not official. Amendments have been incorporated for convenience

More information

The Department of Social Services Act

The Department of Social Services Act The Department of Social Services Act being Chapter D-23 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated

More information

Succession Act 2006 No 80

Succession Act 2006 No 80 New South Wales Succession Act 2006 No 80 Contents Chapter 1 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Part 2.1 The making, alteration, revocation and revival of wills Division

More information

Administrator Generals Act, Act No. III of 1913

Administrator Generals Act, Act No. III of 1913 Administrator Generals Act, 1913 Act No. III of 1913 [27th February, 1913] An Act to consolidate and amend the Law relating to the office and duties of Administrator General. whereas it is expedient to

More information

BERMUDA 1988 : 6 WILLS ACT

BERMUDA 1988 : 6 WILLS ACT Title 26 Laws of Bermuda Item 2 BERMUDA 1988 : 6 WILLS ACT 1988 ARRANGEMENT OF SECTIONS 1 Short title 2 Interpretation 3 Establishing paternity of child not born in wedlock 4 Application to Supreme Court

More information

LAST WILL AND TESTAMENT SHSU DUDE

LAST WILL AND TESTAMENT SHSU DUDE LAST WILL AND TESTAMENT of SHSU DUDE I, SHSU DUDE, of the County of Walker and the State of Texas, being in good health, of sound and disposing mind and memory, do make and declare this instrument to be

More information

SCHEDULE A. Form 1 (Subrule 8(3)) BACKER. No. S.C., 20. IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES. IN THE MATTER of the Estate of

SCHEDULE A. Form 1 (Subrule 8(3)) BACKER. No. S.C., 20. IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES. IN THE MATTER of the Estate of SCHEDULE A Form 1 (Subrule 8(3 BACKER No. S.C., 20. IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER of the Estate of _, late of, in the Northwest Territories, deceased. APPLICATION (or

More information

Trusts and Guarantee Company Limited and the Union Trust Company Limited, Respecting

Trusts and Guarantee Company Limited and the Union Trust Company Limited, Respecting TRUSTS AND GUARANTEE COMPANY LIMITED c. 67 1 Trusts and Guarantee Company Limited and the Union Trust Company Limited, Respecting being a Private Act Chapter 67 of the Statutes of Saskatchewan, 1934 (effective

More information

Senate Bill No. 207 Committee on Judiciary CHAPTER...

Senate Bill No. 207 Committee on Judiciary CHAPTER... Senate Bill No. 207 Committee on Judiciary CHAPTER... AN ACT relating to distribution of estates; authorizing a person to convey his interest in real property in a deed which becomes effective upon his

More information

WILLS, ESTATES AND SUCCESSION ACT

WILLS, ESTATES AND SUCCESSION ACT PDF Version [Printer-friendly - ideal for printing entire document] WILLS, ESTATES AND SUCCESSION ACT Published by Quickscribe Services Ltd. Updated To: [includes 2016 Bill 5, c. 4 (B.C. Reg. 191/2016)

More information

Fiji: Proceeds of Crime Act 1997 (as amended)

Fiji: Proceeds of Crime Act 1997 (as amended) The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of

More information

The Mining, Smelting and Refining District Act

The Mining, Smelting and Refining District Act MINING, SMELTING AND REFINING DISTRICT c. 216 1 The Mining, Smelting and Refining District Act being Chapter 216 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931). NOTE: This consolidation

More information

Succession (Scotland) Bill

Succession (Scotland) Bill Succession (Scotland) Bill [AS INTRODUCED] CONTENTS Section Testamentary documents and special destinations 1 Effect of divorce, dissolution or annulment on will 2 Effect of divorce, dissolution or annulment

More information

ADMINISTRATION OF ESTATES ACT

ADMINISTRATION OF ESTATES ACT Administration of Estates Chap. 9:01 1 ADMINISTRATION OF ESTATES ACT CHAPTER 9:01 Act 35 of 1913 Amended by 14 of 1939 32 of 1947 3 of 1955 2 of 1972 22 of 1977 *47 of 1980 *27 of 1981 6 of 1993 *28 of

More information

Last Will and Testament of TEX LEE MASON

Last Will and Testament of TEX LEE MASON Last Will and Testament of TEX LEE MASON I, Tex Mason, being of sound and disposing mind and memory, do make and declare this instrument to be my Last Will and Testament, hereby expressly revoking all

More information

RULE 64 ADMINISTRATION OF ESTATES (NON-CONTENTIOUS)

RULE 64 ADMINISTRATION OF ESTATES (NON-CONTENTIOUS) RULE 64 ADMINISTRATION OF ESTATES (NON-CONTENTIOUS) Interpretation and application (1) (a) The Estate Administration Act, the Wills Act and the Trustee Act apply to this rule. (b) This rule applies to

More information

Senate Bill No. 277 Senator Wiener

Senate Bill No. 277 Senator Wiener Senate Bill No. 277 Senator Wiener CHAPTER... AN ACT relating to estates; revising provisions relating to the succession of property under certain circumstances; modifying the compensation structure authorized

More information

The Bulk Sales Act. being. Chapter 237 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931).

The Bulk Sales Act. being. Chapter 237 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931). The Bulk Sales Act being Chapter 237 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931). NOTE: This consolidation is not official. Amendments have been incorporated for convenience

More information

BERMUDA MINORS ACT : 14

BERMUDA MINORS ACT : 14 QUO FA T A F U E R N T BERMUDA MINORS ACT 1950 1950 : 14 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 11A 12 13 14 15 16 17 18 19 20 21 22 23 Division of Act into Parts [omitted] Interpretation Saving for

More information

The Traffic Safety Court of Saskatchewan Act

The Traffic Safety Court of Saskatchewan Act The Traffic Safety Court of Saskatchewan Act UNEDITED being Chapter T-19 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments

More information

The Diseases of Animals Act

The Diseases of Animals Act 1 DISEASES OF ANIMALS c. D-30 The Diseases of Animals Act being Chapter D-30 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1989-90,

More information

Chapter 160 LAWS OF KENYA. Revised Edition 2010 (1981) Published by the National Council for Law Reporting with the Authority of the Attorney General

Chapter 160 LAWS OF KENYA. Revised Edition 2010 (1981) Published by the National Council for Law Reporting with the Authority of the Attorney General LAWS OF KENYA The Law of Succession Act Chapter 160 Revised Edition 2010 (1981) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP. 160

More information

The Conditional Sales Act

The Conditional Sales Act CONDITIONAL SALES c. 201 1 The Conditional Sales Act being Chapter 201 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920). NOTE: This consolidation is not official. Amendments

More information

WILLS AND SUCCESSION ACT

WILLS AND SUCCESSION ACT Province of Alberta Statutes of Alberta, Current as of June 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park Plaza 10611-98 Avenue Edmonton, AB

More information

The Conditional Sales Act

The Conditional Sales Act CONDITIONAL SALES c. 243 1 The Conditional Sales Act being Chapter 243 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931). NOTE: This consolidation is not official. Amendments have

More information

INCOME AND EMPLOYMENT SUPPORTS ACT

INCOME AND EMPLOYMENT SUPPORTS ACT Province of Alberta Statutes of Alberta, Current as of December 9, 2016 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park Plaza 10611-98 Avenue Edmonton,

More information

Succession (Scotland) Bill [AS AMENDED AT STAGE 2]

Succession (Scotland) Bill [AS AMENDED AT STAGE 2] Succession (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section Testamentary documents and special destinations 1 Effect of divorce, dissolution or annulment on will 2 Effect of divorce, dissolution

More information

The Provincial Magistrates Act

The Provincial Magistrates Act The Provincial Magistrates Act UNEDITED being Chapter P-32 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated

More information

Missing Persons Guardianship Bill [HL]

Missing Persons Guardianship Bill [HL] Missing Persons Guardianship Bill [HL] CONTENTS Missing Persons Guardianship Orders 1 Application for a Guardianship Order in respect of the estate of a missing person 2 Entitlement to notice of an application

More information

CHAPTER 12:01 DECEASED PERSONS ESTATES ADMINISTRATION ACT ARRANGEMENT OF SECTIONS. 3. Notice of death. 4. Registrar may call for further information.

CHAPTER 12:01 DECEASED PERSONS ESTATES ADMINISTRATION ACT ARRANGEMENT OF SECTIONS. 3. Notice of death. 4. Registrar may call for further information. Deceased Persons Estates Administration 3 CHAPTER 12:01 DECEASED PERSONS ESTATES ADMINISTRATION ACT ARRANGEMENT OF SECTIONS PRELIMINARY SECTION 1. Short title. 2. Interpretation. NOTICE OF DEATH 3. Notice

More information

AN BILLE UM PÁIRTNÉIREACHT SHIBHIALTA 2009 CIVIL PARTNERSHIP BILL 2009 EXPLANATORY MEMORANDUM

AN BILLE UM PÁIRTNÉIREACHT SHIBHIALTA 2009 CIVIL PARTNERSHIP BILL 2009 EXPLANATORY MEMORANDUM AN BILLE UM PÁIRTNÉIREACHT SHIBHIALTA 2009 CIVIL PARTNERSHIP BILL 2009 EXPLANATORY MEMORANDUM Introduction The Bill is a key step in implementing the Government s commitment in the Agreed Programme for

More information

Royal Trust Corporation of Canada Act

Royal Trust Corporation of Canada Act ROYAL TRUST CORPORATION OF CANADA c. 69 1 Royal Trust Corporation of Canada Act being a Private Act Chapter 69 of the Statutes of Saskatchewan, 1978 (effective April 25, 1978). NOTE: This consolidation

More information

[Rev. 2012] L13-65 CHAPTER 160 LAW OF SUCCESSION ACT SUBSIDIARY LEGISLATION. List of Subsidiary Legislation

[Rev. 2012] L13-65 CHAPTER 160 LAW OF SUCCESSION ACT SUBSIDIARY LEGISLATION. List of Subsidiary Legislation CHAPTER 160 LAW OF SUCCESSION ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation 1. Page Probate and Administration Rules, 1980 2. L13 67 Resealing of Foreign Grants, 1985 L13 173 L13-65 PROBATE

More information

NC General Statutes - Chapter 30 1

NC General Statutes - Chapter 30 1 Chapter 30. Surviving Spouses. ARTICLE 1. Dissent from Will. 30-1 through 30-3: Repealed by Session Laws 2000-178, s. 1. Article 1A. Elective Share. 30-3.1. Right of elective share. (a) Elective Share.

More information

The Profits of Criminal Notoriety Act

The Profits of Criminal Notoriety Act 1 PROFITS OF CRIMINAL NOTORIETY c. P-28.1 The Profits of Criminal Notoriety Act being Chapter P-28.1 of The Statutes of Saskatchewan, 2009 (effective May 14, 2009). NOTE: This consolidation is not official

More information

MASSACHUSETTS STATUTES (source: CHAPTER 204. GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC.

MASSACHUSETTS STATUTES (source:   CHAPTER 204. GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC. MASSACHUSETTS STATUTES (source: www.mass.gov) CHAPTER 204. GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC., BY EXECUTORS, ETC. GENERAL PROVISIONS. Chapter 204, Section 1. Specific

More information

TITLE 11 WILLS TABLE OF CONTENTS

TITLE 11 WILLS TABLE OF CONTENTS TITLE 11 WILLS TABLE OF CONTENTS CHAPTER 11.01 Succession; Descent; Wills 11.0101 Succession defined 1 11.0102 Intestate 1 11.0103 Order of succession 1 11.0104 Inheritance by illegitimate children 2 11.0105

More information

Legislation that applies to Wills and Estates. AFOA Workshop Saskatchewan March 17 th, 2015

Legislation that applies to Wills and Estates. AFOA Workshop Saskatchewan March 17 th, 2015 Legislation that applies to Wills and Estates AFOA Workshop Saskatchewan March 17 th, 2015 LEGISLATION & COMMON LAW WILLS AND ESTATES ARE GOVERNED BY LEGISLATION and COMMON LAW LEGISLATION IS THE WRITTEN

More information

Sherani v Jagroop [1973] FJSC 3; [1973] 19 FLR 85 (24 October 1973)

Sherani v Jagroop [1973] FJSC 3; [1973] 19 FLR 85 (24 October 1973) Sherani v Jagroop [1973] FJSC 3; [1973] 19 FLR 85 (24 October 1973) (1973) 19 FLR 85 IN THE SUPREME COURT OF FIJI SHER MOHAMMED KHAN SHERANl v. MANOHAR JAGROOP AND OTHERS [SUPREME COURT, 1973 (Tuivaga

More information

The Children s Law Act, 1997

The Children s Law Act, 1997 1 The Children s Law Act, 1997 being Chapter C-8.2 of the Statutes of Saskatchewan, 1997 (effective March 1, 1998) as amended by the Statutes of Saskatchewan, 2001, c.34. NOTE: This consolidation is not

More information