accountant examination of accounts passing accounts, 115 117, Form ACC4, Form ACC5 dispensing with formal passing, 103, Form ACC10 ACC12 court order, 105 notice, proceeding without, 104 objection, 106, Form ACC3 general documentation, 98 financial statements contents, 98 requirement for, 97 passing accounts applications by interested person, 108, Form ACC6, Form ACC7 consent, 112 objection, 111, Form ACC9 reply, 109, Form ACC8 withdrawal, 110 by 107, Form ACC1 3, Form ACC12 court powers, 113 examination by accountant, 115 117, Form ACC4, Form ACC5 objection to financial statement, 114, Form ACC3 releases, 100, ACC12 bond not cancelled, 102 effect of, 101 affidavits as evidence, 48 bond, dispensing with, 53, Form NC47 claims, 40(2), Form C2 commencing action, 58(b), Form C2 contested claim, 96(1), Form C12 date of, 7 dispensing with or reducing bond, 29, Form NC17, Form NC18 foreign language use in will, 18, Form NC10 formal passing of accounts, objection to, 111, Form ACC9 of witness, 16, NC8 procedure at hearing, 64(1)(a) production of testamentary documents, 68 re-seal foreign grant, application to, 13(5)(b), Form NC33 unadministered property, 37(4) unknown beneficiary, 27, Form NC25 attorneys. see also lawyers grant, applicant for, 13(3), Form NC28, Form NC29 interested person contentious matters, 57(g) formal proof of will, 78 beneficiaries defined, 1(b) to (see ) applicants, order of preference, 11(1), 11(3) bond, non-resident personal representative, 28, 29(2), 31(1), Form NC18 distribution to powers of court, 113(2)(h) time of, Sched. 1, Sched. 1(d) notice of application, 26(2) reciduary, defined, 1(m) unknown, 27, Form NC25 void gift, 14 7.1.1 June, 2010
bonds powers of court, 113(2)(i) releases not cancelling bond, 102 application for order, 30 minor, trusteeship of estate of, 52 53, Form NC47 non-resident personal representative, 28 29, Form NC17, Form NC18 powers of court, 31 caveats frivolous or vexatious, 74 grant against issue of, 71, Form C3 objection, notice of 73, Form C3, Form C9 warning to caveator, 72, Form C4 claimants. see claims claims defined, 1(c) contested claims, 42, 95 96, Form C11, Form C12 notice of claim, 96, Form C12 notice of contestation, 95, Form C11 interested in estate, 57(k) notice by claimant, 39 notice to claimant, 38, Form NC34 valuation of security, 41 verification of claims, 40, Form C1, Form C2, Form NC35 clerk, duties of, 44 49 codicil. see also will identification by witness, 16 commence contentious matter, 58, Form C1, Form C2 formal proof, 77, Form C5, Form C6, Form C8, Form C9 contentious matters defined, 1(d) caveats (see caveats) chambers, 63 claims (see claims) classes, 62 commencement of action, 58, Form C1, Form C2 death, proof of, 94, Form C1, Form C2 formal proof of will, formal proof of will notice, 61 parties, 56 persons interested in estate, 57 procedure, 64 representation, 62 security for costs, 69 service dispensing with service, 64(1)(f) (g) documents to be served, 59 method of service, 60, Form NC27 standing, 57 testamentary documents, production of, 68 time for completion, 70 time limit, 67 trial of an issue, 66 contested claims. see claims Court of Queen's Bench maintenance payments, 113(3) documentation, acceptable, 99 double probate, grant of. see grants, double probate executors. see personal representative fees, 44, Sched. 2 financial statement of personal representative 7.1.2 June, 2010
contents, 98 power of court to vary or amend, 113(2)(b) requirement for, 97 foreign grant. see also grants, ancillary as proof of death, signing formalities; or no will, 35(3), 36(3) re-seal probate or administration forms required, 13(5), Form NC32, Form NC33 grant, 35 foreign language in will, 18 formal proof of will appeal, 92 applications, 75 response of, 79 special applications, 80 standing, 78 chambers discovery, 84 evidence, 84 hearing in, 83 court may require, 81 decisions, order of, 86 documents to be served, 77, Form C5, Form C6, Form C8, Form C9 informal grant, return and revocation of, 93 order final, 91 original will lost or destroyed, 76 parties, 82 powers of court, 90 proceedings order of, 87 other, 88 trial, 85 witness fees, 89 forms, 9, Sched. 3 defined, 1(g) direction, ACC4 dispense with formal passing order, ACC13 ACC10, ACC11 release, ACC12 formal passing accountant's engagement; report, ACC5.1, ACC5.2 accountant's engagement; terms, ACC4 applications person interested in estate, ACC6, ACC7 person interested in estate; objection, ACC9 person interested in estate; reply, ACC8 ACC1, ACC2 notice of objection or consent, ACC3 contentious matters generally affidavit, C2 notice of motion, C1 order, C13 caveats caveat, C3 warning to caveators, C4 withdrawal and discharge, C3.1 contested claims notices claim and affidavit, C12 contestation, C11 formal proof direction, C10 notices objection to informal grant, C9 persons interested in estate, C8 7.1.3 June, 2010
application by, C5, C6 schedules previous wills, C7 grant, application for, NC1, NC2 affidavits by attorney on application, NC29 dispense with bond, NC17, NC47 double probate, application for grant, NC31 handwriting of deceased, NC9 missing or unknown beneficiaries, NC25 NC2 service, NC27 translation of non-english will, NC10 witness to a will, NC8 witness to signature, NC11 ancillary, NC32, NC33 bonds, NC17, NC18 by attorney, NC28, NC29 certificate of valid grant, NC49 double probate, NC30 nomination and consent to appointment of personal representative, NC16 notices beneficiaries intestacy, NC21 non-residuary, NC20 residuary, NC19 child to dependent, NC24 child, minor, NC46 creditors and claimants, NC34 Public Trustee, NC24.1, NC24.2 rejection, NC26 spouse of deceased, NC22, NC23 rejection notice, NC26 renunciations administration, NC15 administration with will annexed, NC14 probate, NC12 re-seal foreign grant, NC32 reservation of right to apply for grant, NC13 schedules beneficiaries, NC6 deceased, NC3 inventory, NC7 NC5 will, NC4 statutory declarations creditors and claimants, NC35 creditors and claimants; publication, NC34.1 re-seal foreign grant, NC33 trusteeship of estate of minor, NC43 grants administration, NC38 administration with will annexed, NC37 ancillary administration, NC42 administration with will annexed, NC41 probate, NC40 double probate, NC39 probate, NC36 minors, administration of estates of application, NC43, NC44 bond, dispense with, NC47 notice, NC46 trustee, election of, NC45 trusteeship, grant, NC48 7.1.4 June, 2010
grants administration applicants, order of preference, 11(2) (3) ancillary forms required, 13(5), Form NC30, Form NC31 when available, 36 caveat against issue (see caveats) double probate, reservation of right to apply, 34, Form NC13, Form NC30, Form NC31 foreign grant (see foreign grant) formal proof, applications, 75 limited, 12 minor, trusteeship of estate of, 50, Form NC43, Form NC44, Form NC45 nominations, 33, Form NC16 objection to (see caveats) probate or administration applicants, order of preference, 11(1), 11(3) forms required, 13(1), 13(3) re-seal probate or administration (see foreign grant) renunciation of, 32, Form NC12, Form NC14, Form NC15 return and revocation of informal, 93 (see also formal proof of will) types of, 10 venue for application, 6 information, additional, 8 interested person. see person interested in an estate lawyers. see also attorneys as witness, 84(2) bond, court not to require undertaking, 31(2) discovery, subject to, 84(2) legal services, Sched. 1 service upon contentious matters, 60(1)(d) grant, notice of application for, 26(3) legal services. see lawyers minors defined, 1(j) monies payable to, 113(2)(j) testator, 21 trusteeship of estate of application, 50, Form NC43, Form NC45 bond, 52 53, Form NC47 notice, publication of, 50, Form NC43, Form NC45 rules, application of, 54 missing person interested in estate, 57(i) Public Trustee interested in estate, 78(c) notice to, 59(2) payment to, 113(2)(j) notice by claimant, 39 dispensed with, 64(1)(f), 64(1)(g) grant, application for, 26, Form NC19 NC24.1 minor, intention to apply for trusteeship of estate of, 51, Form NC46 missing person, 59(2) objection, 73, Form C9 passing of accounts, regarding, 114, Form ACC3 of claim, 95 of contestation, 95 of motion (see notice of motion) order for, 64(1)(f) passing of accounts dependent adult, estate of 7.1.5 June, 2010
trustee, application by, Form C12 hearing, 112(1)(b), 113(1)(a) interested person, application by, 108(2), 109, Form ACC6, Form ACC10 objection, 112(1)(b), 113(1)(a) application by, 108(2), 109, Form ACC 1, Form ACC2, Form ACC3, Form ACC12 proof of death, 94(2), Form C1, Form C2 standing, 65 to attend or produce, 5 to claimants, 38 notice of motion commencement of action, 58, Form C1, Form C2 value of security, 40(2), Form C1, Form C2, Form NC35 person interested in an estate application for, 97(3) formal application for, 108, Form ACC6, Form ACC7 dispensed with, 103 106, Form ACC10, Form ACC11, Form ACC12 objection, notice of, 114, Form ACC3 applications, 75 action commenced, 79 documents required, 77(1)(b), Form C5, Form C6, Form C8, Form C9 bond application for, 30 conditions imposed, 31(1)(d) directions, application for, 4, 80 missing person, 59(2) standing, 57, 78 will lost or destroyed, 76 person, defined, 1(j) personal representative defined, 1(l) bond non-resident, 28 29, Form NC17, Form NC18 powers of court, 31 compensation, Sched. 1 contentious matter, party, 56 directions, application for, 4 duties, Sched. 1, 4 grant, application for ancillary grant, 36 double probate, 34(1)(b), Form NC30, Form NC31 foreign grant, re-sealed, 35 nominations, 33 reservation of right to apply, 34(1), Form NC13 unadministered property, 37 incapacity of, 10(c) preference to, 11(1), 11(3) renunciation of, 32, Form NC12, Form NC14, Form NC15 power of attorney. see attorneys Public Trustee application under Rule 75, 78(c), 78(f) missing person, 59(2) payment to, 113(2)(j) Queen's Bench, Court of maintenance payments, 113(3) residuary beneficiary defined, 1(m) interested in estate, 57(a) notice of application for grant, 26(2) preference to, 11(1), 11(3) releases,, 100, Form ACC12 7.1.6 June, 2010
Rules of Court application to proceedings, 2(1) duty imposed on Court, 2(3) when no applicable rule under, 2(4) Schedule 3: Personal representatives, NC5 service (see ) contentious matters (see contentious matters) dispensed with, 64(1)(f), 64(2) grant, application for, 26(3), Form NC27 lack of, effect on order, 91(2) methods of, 60(1) court directed, 5(2) notice to attend or produce, 5(2) passing of accounts, time limits, 107 108, 112, 113(1)(a) proof of, 60(2), Form NC27 sign, defined, 1(n) signing date, proof of, 20 foreign grant, 13(5)(e), 35(3)(a), 36(3)(a) formal proof discovery, 84(2) evidence, 84 hearing in chambers, 83 formalities, proof of, 16(3), Form NC8 witnesses unavailable, when, 19 testamentary capacity, proof of, 17 stay, application operating to, 75(3) testator blind, 17 capacity, proof of, 17, 84(2) discovery, subject to, 84(2) English, not fully understanding, 17 having another person sign, 17 illiterate, 17 instructions, 84(2) mark, use of, 17 trustees. see also Public Trustee minor, estate of (see minors) personal representative definition includes, 1(1) unadministered property, application for grant, 37 venue, 6 will defined, 1(o) alterations, 25 appointment of personal representative, 11(a.1) attached to grant, 15, 22 date, proof of, 20 foreign language, 18 formal proof (see formal proof of will) holograph, 16(4) identification by witness, 16 lost will, 24 void gift, 14 witnesses unavailable, 19 witness compellable, 84(2) cross-examination of, 62(1)(c) date of will, 20 dead or unavailable, 19, 23 discovery, 84(2) fees, 89 identification of will, 16, Form NC8 proof of signing of will, 17, 83 void gift, 14 7.1.7 June, 2010