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Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
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Probate Court Practice, Procedure and Forms Regulations

made under Section 106 of the

Probate Act

S.N.S. 2000, c. 31

O.I.C. 2001-450 (September 17, 2001, effective October 1, 2001), N.S. Reg. 119/2001

as amended by O.I.C. 2010-175 (April 13, 2010), N.S. Reg. 63/2010



Table of ContentsText of Regulations

Table of Contents

Please note: the table of contents is provided for convenience of reference only and does not form part of the regulations.


Part I - General

Citation

Definitions

Nova Scotia Civil Procedure Rules

Oath of registrar

Duties of registrar

Duties of deputy registrar

Office hours

Seal

Documents

Residence of deceased

Proof of execution of will other than holograph will

Proof of execution of holograph will

English translation

Date of will

Document referred to in a will

Directions

Representation

Interpreter

Court dates

Orders

Adjournment

Failure to appear

Service

Subpoenas

Vacated office - unfinished business

Transfer of application


Part II - Non-contentious Matters

Application of Part II

Types of grants

Limited grant

Reservation of right to apply for a grant

Subsequent grant

Grant of unadministered property

Extra-provincial grant

Applications

Renunciations

Nominations

Application for probate

Application for administration

Application for administration with the will annexed

Application for extra-provincial grant

Incomplete application

Value of estate

Security

Forms of grants

Notice of grant

Inventory

Advertisement

Claimants

Bad debts

Insolvent estates


Part III - Accounting, Settlement and Distribution

Persons interested in an estate

Requirement to give accounting

Accounting not required

Application for accounting by personal representative

Application for accounting by person interested in an estate

Accounts

Notice of objection

Court powers on passing accounts

Investigation of accounts by accountant or other skilled person

Taxation of solicitor’s bill of costs

Personal representative’s commission


Part IV - Contentious Matters

Persons interested in an estate

Application respecting contentious matter

Service under this Part

Notice of objection

Procedure and powers at hearing

Production of a will

Proof of lost or destroyed wills

Revocation of grant

Proof in solemn form

Registrar as clerk of court

Appraisal

Mediation

Appeal from decision or order of registrar


Schedule A - Probate Mediation Procedure

Parties to the mediation

Appointment of mediator

Disclosure

Procedure before mediation session

Process

Representation

Adjournment

Withdrawal

Resort to other proceedings

Record

Outcome of mediation

Confidentiality

“Without prejudice” proceeding

Costs


Forms:

Form 1 - Certificate of Status of a Grant

Form 2 - Affidavit of Execution of Will or Codicil

Form 2A - Affidavit Proving Execution of Holograph Will

Form 3 - Affidavit Verifying Translation

Form 4 - Order Appointing a Guardian ad Litem

Form 5 - Affidavit of Service

Form 6 - Subpoena

Form 7 - Reservation of Right to Apply for Grant of Probate

Form 7A - Reservation of Right to Apply for Grant of Administration

Form 7B - Reservation of Right to Apply for Grant of Administration With the Will Annexed

Form 8 - Application for a Grant of Probate

Form 8A - Application for a Grant of Probate (Corporate Applicant)

Form 9 - Application for a Grant of Administration

Form 9A - Application for a Grant of Administration (Corporate Applicant)

Form 10 - Application for a Grant of Administration with the Will Annexed

Form 10A - Application for a Grant of Administration with the Will Annexed (Corporate Applicant)

Form 11 - Application for Extra-Provincial Grant of Probate

Form 11A - Application for Extra-Provincial Grant of Administration

Form 11B - Application for Extra-Provincial Grant of Administration with the Will Annexed

Form 12 - Renunciation (Probate)

Form 13 - Renunciation (Administration)

Form 14 - Renunciation (Administration with the Will Annexed)

Form 15 - Renunciation, Nomination and Consent to Appointment of Personal Representative (Administration)

Form 16 - Renunciation, Nomination and Consent to Appointment of Personal Representative (Administration with the Will Annexed)

Form 17 - Notice of Rejection

Form 18 - Security - Bond or Policy of Guarantee of Guarantee Company

Form 19 - Security - Personal Bond and Affidavit of Justification

Form 20 - Grant of Probate

Form 21 - Grant of Administration

Form 22 - Grant of Administration with the Will Annexed

Form 23 - Extra-Provincial Grant of Probate

Form 23A - Extra-Provincial Grant of Administration

Form 23B - Extra-Provincial Grant of Administration with the Will Annexed

Form 24 - Notice to Beneficiaries (Residuary)

Form 25 - Notice to Beneficiaries (Non-Residuary)

Form 26 - Notice to Heirs (Intestacy)

Form 27 - Notice to Persons Who May Have Statutory Rights

Form 28 - Affidavit of Service - Notice of Grant

Form 29 - Inventory

Form 30 - Notice re Filing Inventory

Form 31 - Request for Advertisement

Form 32 - Notice of Claim

Form 33 - Notice of Contested Claim

Form 34 - Affidavit - Insolvent Estate

Form 35 - Order - Insolvent Estate

Form 36 - Release

Form 36A - Release Regarding Specific Gift

Form 37 - Personal Representative’s Affidavit - Accounting Not Required

Form 38 - Consent - Accounting Not Required

Form 39 - Application to Pass Accounts by a Hearing

Form 40 - Application to Pass Accounts Without a Hearing

Form 41 - Order on Passing Accounts

Form 42 - Notice of Objection to Accounts

Form 43 - Affidavit of Personal Representative - Passing Accounts

Form 44 - Notice of Taxation - Bill of Costs

Form 45 - Notice of Application

Form 46 - Affidavit

Form 47 - Notice of Objection to Application

Form 48 - Order to Produce Will

Form 49 - Order to Bring in Grant Where Revocation is Sought

Form 50 - Notice of Appeal from Registrar to Judge

 


Part I - General


Citation

1     These regulations may be cited as the Probate Court Practice, Procedure and Forms Regulations.


Definitions

2     In these regulations,

 

                (a)    “Act” means Chapter 31 of the Acts of 2000, the Probate Act;

 

                (b)    “applicant” means a person who makes an application pursuant to these regulations;

 

                (c)    “application” means an application for a hearing or other proceeding pursuant to these regulations;

 

                (d)    “asset” means, for greater certainty, property, both in the Act and these regulations;

 

                (e)    “Civil Procedure Rules” means the Civil Procedure Rules made pursuant to the Judicature Act;

 

                (f)    “court” means the court of probate for a probate district and, for the purposes of Sections 85, 86 and 87 of the Act includes a probate court under either of the former Acts;

 

                (g)    “extra-provincial grant” means a grant issued pursuant to Section 37 of the Act;

 

                (h)    “former Acts” means Chapter 238 of the Revised Statutes, 1967, the Probate Act and Chapter 359 of the Revised Statutes, 1989, the Probate Act;

 

                (i)     “grant” means a grant of probate or administration of the estate of a deceased person made pursuant to this Act, whether granted for general, special or limited purposes and includes administration with the will annexed and an extra-provincial grant and, for the purpose of Sections 85, 86 and 87 of the Act, includes a grant of probate or administration of the estate of a deceased person made pursuant to either of the former Acts, whether granted for general, special or limited purposes and includes administration with the will annexed and a re-sealing of probate or administration and ancillary probate or ancillary administration;

 

                (j)     “hearing” means the hearing of an application pursuant to these regulations;

 

                (ja)   “holograph will” means a will wholly in the testator’s own handwriting and signed by the testator;

Clause 2(ja) added: O.I.C. 2008-429, N.S. Reg. 356/2008.

 

                (k)    “judge” means a judge of a court of probate;

 

                (l)     “order” includes a decree;

 

                (m)   “person under a disability” means an infant or a mentally incompetent person;

 

                (n)    “personal representative” means an executor or an administrator;

 

                (o)    “prescribed” means prescribed by these regulations;

 

                (p)    “probate district” or “district” means a probate district established by the Act;

 

                (q)    “property” means real or personal property and includes, for greater certainty, a chose in action;

 

                (r)    “registered domestic partner” means a person who has registered a domestic-partner declaration under the Vital Statistics Act;

 

                (s)    “registrar” means a registrar of probate and, for the purposes of Sections 85, 86 and 87 of the Act, includes a registrar of probate under either of the former Acts;

 

                (t)     “Supreme Court” means the Supreme Court of Nova Scotia;

 

                (u)    “trust company” means a trust company that is authorized by law to act as a personal representative;

 

                (v)    “will” includes a testament, a codicil and every other testamentary instrument of which a grant may be issued.


Nova Scotia Civil Procedure Rules

3     (1)    Where any practice or procedure respecting probate is not provided for by these regulations or the Act, the Civil Procedure Rules apply.

 

       (2)    Where any practice or procedure respecting probate is not provided for by these regulations or the Civil Procedure Rules, a court may make any order or decision concerning it that it considers necessary or appropriate in the circumstances.

 

       (3)    An order or decision of a court may be forwarded to the prothonotary of the Supreme Court who shall, on receipt of it, enter it as a record of the Supreme Court, and thereupon it becomes an order of the Supreme Court enforceable pursuant to the Civil Procedure Rules.


Oath of registrar

4     (1)    Pursuant to Section 11 of the Act, the following oath is prescribed to be taken and subscribed before a judge of the Supreme Court by each registrar before entering upon the duties of the office of registrar:

 

I,                                          , of                                    in the County of                                                   , do swear that I will faithfully, diligently, honestly and impartially execute the duties of the office of registrar of the Probate Court of Nova Scotia in accordance with the Probate Act and all other applicable laws of the Province.

 

Sworn to at

in the County of

Province of Nova Scotia, on

                     , 2       .

 

       (2)    Each registrar shall file a copy of the oath executed pursuant to subsection (1) with the Human Resources Division of the Department of Justice.


Duties of registrar

5     (1)    Each registrar or a person designated by the Minister of Justice shall have the care and custody of all wills, documents, books, letters, transcripts, exhibits, papers and records of any kind belonging to the court.

 

       (2)    A registrar shall not release any original will on file at the court.

 

       (3)    A registrar shall, upon request, provide a certified copy of any original will on file at the court for which a grant has been issued by the court.

 

       (4)    Each registrar shall perform the following duties:

 

                (a)    keep an index of all documents filed at the office of the registrar that lists the

 

                         (i)     name of the deceased,

 

                         (ii)    place of residence of the deceased,

 

                         (iii)   date of death of the deceased,

 

                         (iv)   date of the grant,

 

                         (v)    name of the personal representative, and

 

                         (vi)   value of the estate,

 

and provides for convenient reference to any of the documents when required;

 

                (b)    number and date all applications for grants and other documents when filed;

 

                (c)    open a separate file for each estate;

 

                (d)    record all information and documentation

 

                         (i)     filed with the court, and

 

                         (ii)    issued by the court

 

in the appropriate court records;

 

                (e)    if an estate includes real property in the Province, forward to the appropriate Registrar of Deeds, in the case of a grant of

 

                         (i)     probate or administration with the will annexed, a certified copy of the will and the grant, or

 

                         (ii)    administration, a certified copy of the application for administration and the grant;

 

                (f)    record and maintain a summary of every activity and procedure with respect to each estate;

 

                (g)    sign and issue all grants in duplicate under the seal of the court;

 

                (h)    attach the original of any will to the duplicate of the grant retained by the registrar;

 

                (i)     attach a copy of the original of any will, certified as a true copy by the registrar, to the duplicate of the grant delivered to the personal representative;

 

                (j)     endorse the date on which the grant is issued on the back of an application for a grant and sign the back of the application.

 

       (5)    A requirement in these regulations to record and maintain information and documents shall be deemed to include a reference to the corresponding computer storage and retrieval systems provided for that purpose.

 

       (6)    A registrar may issue a certificate of status of a grant in Form 1 confirming that a grant is in force and effect.

 

       (7)    Upon revocation of a grant, the registrar shall make an entry of the revocation across the face of the grant on file in the following form:

 

Revoked by Court Order dated

                                                          

Registrar


Duties of deputy registrar

6     (1)    A deputy registrar may perform any of the duties of a registrar and all acts done by a deputy registrar shall be as valid and effectual as if done by a registrar.

 

       (2)    If a vacancy occurs in the office of a registrar, the deputy registrar shall discharge the duties of the registrar and shall have all the rights and powers of the registrar until a registrar is appointed under the Act, and all acts done by a deputy registrar during the vacancy shall be as valid and effectual as if done by a registrar.


Office hours

7     The days and hours during which the office of each registrar shall be open for the transaction of business shall be as prescribed by the Minister of Justice under the Court Officials Act.


Seal

8     (1)    The seal already provided for a court shall continue to be used by the court to certify and authenticate documents respecting its proceedings.

 

       (2)    Despite subsection (1), the Governor in Council may determine and declare the seal to be used in the court by which its proceedings shall be certified and authenticated.


Documents

9     (1)    All documents filed in a court shall be written on sheets of paper 21.59 cm in width and 27.94 cm in length.

 

       (2)    Despite subsection (1), a registrar may accept a document written on paper of a size other than the size set out in subsection (1).

 

       (3)    Except for wills, applications for grants, and inventories, all documents may be delivered to and filed with a court by telephone transmission in the same manner that documents may be delivered to and filed by telephone transmission with the Supreme Court, and the original signed document shall be delivered to the court.

 

       (4)    The forms contained in these regulations or any forms to the like effect that are acceptable to the registrar, shall be used for the purposes of the Act and these regulations.


Residence of deceased

10   (1)    For the purpose of Section 29 of the Act and subject to subsection (2), the probate district in which the deceased resided at the time of death is deemed to be the probate district in which the deceased resided during the last 2 or more years of life.

 

       (2)    If the deceased did not reside in one probate district for 24 consecutive months prior to death, the registrar shall decide which probate district the deceased was resident in at death based on, but not limited to,

 

                (a)    the length of time the deceased resided in a probate district other than the one in which the deceased died; and

 

                (b)    the location of the deceased’s property.


Proof of execution of will other than holograph will

11   (1)    This Section applies to proof of execution of wills other than holograph wills.

Subsection 11(1) added: O.I.C. 2008-429, N.S. Reg. 356/2008.

 

       (1A) For an application for a grant of probate or administration with the will annexed, the due execution of the will shall be proved by an affidavit in Form 2 by one of the subscribing witnesses to the will.

Subsection 11(1) renumbered (1A) and amended: O.I.C. 2008-429, N.S. Reg. 356/2008.

 

       (2)    An affidavit in proof of execution of a will may be taken at or after the time the will is executed and either before or after the death of the testator.

 

       (3)    An affidavit in proof of execution of a will is valid if it

 

                (a)    was signed prior to the coming into force of the Act; and

 

                (b)    meets the requirements of the Act.

Subsection 11(3) amended: O.I.C. 2008-429, N.S. Reg. 356/2008.

 

       (4)    If no affidavit in proof of execution of a will can be obtained from a subscribing witness, the due execution of the will may be proved by

 

                (a)    an affidavit attesting to the authenticity of the signature of the deceased and the signature of either of the subscribing witnesses; or

 

                (b)    an affidavit from any person present at the execution of the will who can attest to the circumstances of the execution of the will.

 

       (5)    If an applicant for a grant is unable to comply with subsection (4), the applicant may file an affidavit attesting to the efforts made to locate the subscribing witnesses or other persons present at the execution of the will, and the registrar may accept the affidavit in place of proof of execution of the will.

 

       (6)    If a will is that of a person who at the time of the execution of the will was a member on active service of the Canadian Forces, or a mariner or seafarer at sea or in the course of a voyage, and it appears that the witnesses are dead or incompetent or that the whereabouts of the witnesses are unknown, the registrar may accept such evidence as the registrar considers satisfactory as to the validity and proper execution of the will.

 

       (7)    If an applicant for a grant is having difficulty locating witnesses to a will executed by a member of the Canadian Forces referred to in subsection (6), the applicant may obtain a statement from the National Archives of Canada confirming that the deceased served in the Canadian Forces and was on active service with the Canadian Forces when the will was executed and the statement shall be sufficient proof of the execution of the will.


Subsection 11(8) repealed: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (9)    If a registrar, deputy registrar, notary public or barrister of the Supreme Court is not available to take an affidavit in proof of execution of a will, the person seeking to prove the execution of the will shall obtain written approval from the registrar for another person to take the affidavit.

 

       (10)  If it appears to the registrar that the execution of a will does not comply with the requirements of the Wills Act respecting wills other than holograph wills, the registrar shall refuse to approve the application for a grant respecting the will.

Subsection 11(10) amended: O.I.C. 2008-429, N.S. Reg. 356/2008.

Section 11 heading amended: O.I.C. 2008-429, N.S. Reg. 356/2008.


Proof of execution of holograph will

11A(1)    For an application for a grant of probate or administration with the will annexed made respecting a holograph will, the due execution of the holograph will shall be proved by an affidavit in Form 2A.

 

       (2)    An affidavit in Form 2A may be taken at or after the time the holograph will is executed and either before or after the death of the testator.

 

       (3)    An affidavit in Form 2A is valid if it

 

                (a)    was signed prior to the coming into force of the Act; and

 

                (b)    meets the requirements of the Act.

 

       (4)    If a registrar, deputy registrar, notary public or barrister of the Supreme Court is not available to take an affidavit in Form 2A, the person seeking to prove the execution of a holograph will shall obtain written approval from the Registrar for another person to take the affidavit.

 

       (5)    If it appears to the registrar that the execution of a holograph will does not comply with the requirements of the Wills Act respecting holograph wills, the registrar shall refuse to approve the application for a grant respecting the will.

Section 11A added: O.I.C. 2008-429, N.S. Reg. 356/2008.


English translation

12   (1)    If a will is written in a language other than English, the applicant for a grant respecting the will shall provide an affidavit in Form 3 verifying the translation of the will into English.

 

       (2)    A registrar may require any document written in a language other than English and referred to in a will to be translated into English, and where the registrar so requires, the applicant for a grant respecting the will shall provide an affidavit in Form 3 verifying the translation of the document into English.

 

       (3)    The original of the English translation of a will referred to in subsection (1) or a document referred to in subsection (2) together with the original will or document and an affidavit in Form 3 must be attached to the application for a grant respecting the will.

 

       (4)    A certified copy of the English translation of a will referred to in subsection (1) or a document referred to in subsection (2) together with a certified copy of the original will or document shall be attached to the duplicate grant respecting the will delivered to the personal representative.


Date of will

13   (1)    If a will is amended by a codicil or other testamentary instrument, the date of the last codicil or other testamentary instrument is deemed to be the effective date of the will.

 

       (2)    If a will is not dated or is dated imperfectly, the registrar may require one of the subscribing witnesses to provide such evidence as is satisfactory to the registrar to establish the date of execution of the will.

 

       (3)    If the evidence referred to in subsection (2) cannot be obtained, the registrar may require the applicant for a grant respecting the will to provide such evidence as is satisfactory to the registrar to establish that

 

                (a)    the will was executed between two definite dates; or

 

                (b)    a search was made and that no will of a presumably later date was found.


Document referred to in a will

14   (1)    If a will refers to a document, raising a question as to whether the document ought to form part of the will, the registrar shall require production of the document and ascertain if it should form part of the will.

 

       (2)    Where a document referred to in subsection (1) is not produced, the registrar shall require that its non-production be accounted for by the applicant in a manner satisfactory to the registrar.


Directions

15   A personal representative or a person interested in an estate may apply to a court, or to the Supreme Court where Sections 45 through 55 of the Act apply, for directions for bringing any matter before the court or the Supreme Court.


Representation

16   (1)    Subject to subsection (2), a person interested in an estate may act on their own behalf or be represented by a solicitor.

 

       (2)    Where a person interested in an estate is under a disability, that person shall be represented by a solicitor, court appointed guardian under the Incompetent Persons Act or the Guardianship Act, attorney appointed under the Powers of Attorney Act, the Public Trustee, where the Public Trustee consents, or a guardian ad litem appointed by the court in Form 4.


Interpreter

17   A court, in its discretion and where it considers it necessary in any proceeding, may

 

                (a)    appoint an interpreter to interpret in open court or translate or decipher any document; and

 

                (b)    make a reasonable allowance for the interpreter’s service to be paid in the first instance by the party who requires the service and ultimately to be borne by the estate, or the party against whom costs, if any, are awarded.


Court dates

18   (1)    Where an application is to be heard by a registrar, the registrar shall

 

                (a)    set the date and time of the hearing;

 

                (b)    notify the applicant of the date and time of the hearing; and

 

                (c)    direct that notice of the hearing be served on the persons who are required by the Act and these regulations to be served.

 

       (2)    Where an application is to be heard by a judge, a registrar shall

 

                (a)    have the date and time of the hearing set; and

 

                (b)    notify the applicant of the date and time of the hearing; and

 

                (c)    direct that notice of the hearing be served on the persons who are required by the Act and these regulations to be served.


Orders

19   Each order of a court granted by a judge or registrar shall be marked accordingly.


Adjournment

20   A registrar or judge may adjourn the hearing of any matter.


Failure to appear

21   Where a person has been given notice of an application or other proceeding and does not attend the hearing arising from the application or other proceeding, the hearing may proceed despite the failure of the person to attend.


Service

22   (1)    Unless service is otherwise specified in these regulations, service of all notices and other documents required to be served under these regulations shall be by personal service, registered mail, service on a lawyer authorized to accept service on behalf of a person or such other means as directed by a registrar or a court.

 

       (2)    Substituted service shall be in accordance with the Civil Procedure Rules.

 

       (3)    Where any provision in these regulations specifies that service is to be effected by ordinary mail, the notice or other document to be served shall be sent to the most recent address given to the court.

 

       (4)    Where a person entitled to share in the distribution of an estate is a person under a disability, all notices and other documents required to be served under these regulations shall be served on a parent, guardian, court appointed guardian, or attorney under the Powers of Attorney Act, for that person.

 

       (5)    Proof of service shall be

 

                (a)    by affidavit in Form 5 or by a method acceptable to the court, and where service is by registered mail the Canada Post registration receipt shall be attached; and

 

                (b)    filed with the court.


Subpoenas

23   (1)    A court may issue a subpoena in Form 6 to require the attendance of a witness or the production of any document material to the matter pending before the court.

 

       (2)    A subpoena issued by a court

 

                (a)    may include the names of any number of witnesses; and

 

                (b)    shall be served by personal service on each witness named on the subpoena.

 

       (3)    No person is bound to appear or give evidence pursuant to a subpoena unless the person is paid or tendered witness fees in the amount of $5.00 plus $0.20/km one way from the place of residence of the person to the place of the hearing not less than 4 days before the date set for the hearing.


Vacated office - unfinished business

24   If a registrar or judge dies or otherwise vacates office,

 

                (a)    every proceeding and matter pending and all unfinished business before that registrar or judge may be taken up, carried on and disposed of by another registrar or judge or the successor of the registrar or judge who vacates office, and no new application or other proceeding is necessary in that case;

 

                (b)    evidence taken before that registrar or judge in any matter that has been heard and not determined or partly heard by that registrar or judge, may be used in a subsequent hearing, and the taking of the evidence again is not necessary;

 

                (c)    all orders that were pronounced but not drawn up or sealed by that registrar or judge may be drawn up and sealed by another registrar or judge or the successor of the registrar or judge who vacates office.


Transfer of application

25   Where an application pursuant to the Act is made to a registrar and the registrar intends to transfer it to a judge in accordance with Section 99 of the Act, the registrar shall not hear any evidence or make any determination but shall refer the matter to the judge and notify the applicant of the transfer.


Part II - Non-contentious Matters


Application of Part II

26   (1)    This Part applies to all non-contentious business.

 

       (2)    For the purposes of this Part, non-contentious business means the obtaining of a grant where there is no contention as to the right to the grant and includes

 

                (a)    the obtaining of a grant in contentious cases where the contest has been concluded; and

 

                (b)    all non-contentious matters relating to testacy and intestacy that are not proceedings under Part IV.


Types of grants

27   The following grants may be applied for under this Part:

 

                (a)    grants that are unlimited and unrestricted, including

 

                         (i)     a grant of probate,

 

                         (ii)    a grant of administration,

 

                         (iii)   a grant of administration with the will annexed;

 

                (b)    grants that are for a limited time, including a grant of administration during the minority, absence or mental incompetence of the personal representative;

 

                (c)    grants that are limited to part of the deceased’s property, including

 

                         (i)     a grant of unadministered property,

 

                         (ii)    an extra-provincial grant;

 

                (d)    grants that are for a particular purpose only, including

 

                         (i)     a grant where the validity of a will is in question,

 

                         (ii)    a grant for the purpose of litigation,

 

                         (iii)   a grant for the preservation of property,

 

                         (iv)   a grant limited to a specific matter.


Limited grant

28   (1)    An applicant for a grant that is to be limited in any manner shall ensure that the limitation is clearly indicated on the application.

 

       (2)    If a grant is limited in any manner, the registrar shall ensure that the limitation is clearly indicated on the grant.


Reservation of right to apply for a grant

29   A person entitled to apply for a grant who does not do so at the time the initial application for the grant is made, may reserve the right to apply at a future time by filing Form 7, 7A or 7B with the court at the time the initial application for the grant is made.


Subsequent grant

30   (1)    An applicant for a subsequent grant shall surrender the original grant with the application for the subsequent grant prior to a subsequent grant being issued by a registrar.

 

       (2)    If the original grant is lost, an applicant for a subsequent grant shall submit a copy of the original grant, certified by the registrar, with the application for the subsequent grant.


Grant of unadministered property

31   (1)    Upon the death of an administrator, a person entitled to a grant under Section 32 of the Act may apply for a grant of administration of the unadministered property of the intestate person.

 

       (2)    Upon the death of an executor, an application may be made to a court for a grant to complete the administration of the unadministered property of a testate person by the following persons in the following priorities:

 

                (a)    first - an alternate executor named in the testate person’s will who is willing and able to act; or

 

                (b)    second - an executor of the deceased executor who is appointed by the court; or

 

                (c)    third - a person who is entitled to a grant under Section 32 of the Act.

 

       (3)    A person who is entitled to a grant under Section 32 of the Act may apply for a grant of administration with the will annexed of the testate person’s unadministered property in either of the following circumstances:

 

                (a)    the personal representative of the testate person is discharged or removed;

 

                (b)    the executor of the testate person is discharged or removed.

Subsection 31(3) replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (4)    An applicant shall file the same form of application under subsection (1), (2) or (3) as filed in the original application for a grant but shall modify it to include

 

                (a)    details of the original grant; and

 

                (b)    details of the death, discharge or removal of the first personal representative.

Clause 31(4)(b) amended: O.I.C. 2010-175, N.S. Reg. 63/2010.

       (5)    An inventory setting out the unadministered property of the deceased as of the date of the application for the grant respecting the unadministered property shall be filed by the personal representative within 3 months from the date of a grant of unadministered property whether or not an inventory was filed under the original grant.

 

       (6)    If the first grant was advertised in the Royal Gazette, a second advertisement is not required.

 

       (7)    An application under subsection (1), (2) or (3) shall be accompanied by security and probate taxes, if required under the Act.


Extra-provincial grant

32   (1)    In this Section, “extra-provincial grant” means a grant issued by the court in respect of a grant or an order to the like effect made by an authority outside the Province.

 

       (2)    If a grant or order made by an authority outside the Province does not appoint a personal representative, a registrar may appoint a personal representative in accordance with Section 32 of the Act.

 

       (3)    If evidence as to the law of any country or territory outside the Province is required by the court respecting an application for an extra-provincial grant, the registrar may accept

 

                (a)    an affidavit of any person who, having regard to the particulars of the person’s knowledge or experience given in the affidavit, the registrar regards as suitably qualified to give expert evidence of the law in question; or

 

                (b)    evidence of the court or authority outside the Province that issued the grant.

 

       (4)    Unless the court dispenses with the giving of security pursuant to Section 40 of the Act, the registrar shall not issue an extra-provincial grant until security has been given to the court in a sum sufficient to cover the assets of the deceased in the Province in the amount that the court would require if the application were for an original grant.

 

       (5)    The inventory filed pursuant to Section 57 of the Act for an extra-provincial grant shall include only the assets of the deceased in the Province.


Applications

33   (1)    An application for a grant of probate shall be in Form 8 or 8A.

 

       (2)    An application for a grant of administration shall be in Form 9 or 9A.

 

       (3)    An application for a grant of administration with the will annexed shall be in Form 10 or 10A.

 

       (4)    An application for an extra-provincial grant shall be in Form 11, 11A or 11B.

 

       (5)    Despite subsections (1), (2), (3) and (4), where a prescribed form is not appropriate for an application for a specific grant, the applicant for the grant may file an application in a form acceptable to the registrar.

 

       (6)    If there is more than one applicant for a grant, joint or separate applications may be used.

 

       (7)    All applications shall be accompanied by a covering letter indicating the number of certified copies of the grant and certificates of status required.


Renunciations

34   (1)    An executor who wishes to renounce the right to apply for a grant in accordance with Section 19 of the Act, shall do so by completing Form 12 or by another method satisfactory to the registrar.

 

       (2)    An executor whose right to act is alternate to another, shall state in an application for a grant that the executor having a prior right has renounced, or died, as the case may be, and the renunciation in Form 12 or proof of death satisfactory to a registrar shall be attached to the application for the grant.

 

       (3)    A person who is entitled in priority or equally to be named a personal representative under Section 32 of the Act who is unable or unwilling to apply for a grant, shall renounce the right to apply for the grant by

 

                (a)    completing Form 13, for a grant of administration; or

 

                (b)    completing Form 14, for a grant of administration with the will annexed,

 

or by another method satisfactory to a registrar.

 

       (4)    If a person with a prior or equal right to a grant under Section 32 of the Act has not renounced the right to apply for a grant in accordance with this Section or where there is a contest over the right to administer an estate, an applicant for a grant shall make an application under Section 64 and may include an application in the form prescribed in Section 33 with that application.

 

       (5)    A registrar shall not issue a grant unless

 

                (a)    any renunciation required pursuant to this Section has been filed with the registrar by the applicant for the grant; or

 

                (b)    an order has been made dispensing with the need for any renunciation that has not been filed.


Nominations

35   (1)    A nomination of a person as administrator of all or part of the property of a deceased person pursuant to subsection 32(4) of the Act shall be in Form 15 or 16 or by another method satisfactory to the registrar and shall require the consent of the Public Trustee.

 

       (2)    A registrar shall not issue a grant to a nominee administrator pursuant to subsection 32(4) of the Act unless

 

                (a)    a renunciation, nomination and consent in Form 15 or 16 signed by each person who is entitled to nominate an administrator under subsection 32(4) of the Act and the Public Trustee has been filed; or

 

                (b)    an order has been made dispensing with the need for any renunciation and nomination that has not been filed and the consent of the Public Trustee has been filed.


Application for probate

36   An application for a grant of probate shall be accompanied by

 

                (a)    the original will;

 

                (b)    proof of death satisfactory to the registrar;

 

                (c)    the following applicable proof of execution of the will:

 

                         (i)     for a will other than a holograph will, an affidavit of execution of the will in Form 2 or such other evidence of due execution of the will as is required under Section 11, or both,

 

                         (ii)    for a holograph will, an affidavit in Form 2A or such other evidence of due execution of the will as is required under Section 11A, or both;

Clause 36(c) replaced: O.I.C. 2008-429, N.S. Reg. 356/2008.

 

                (d)    a renunciation in Form 12 from each living person who is named in the will as an executor and who has not joined in the application, if applicable;

 

                (e)    the security required under the Act, if applicable; and

 

                (f)    payment of the probate tax required under the Act,

 

and such additional or other material as the registrar directs.


Application for administration

37   An application for a grant of administration shall be accompanied by

 

                (a)    proof of death satisfactory to the registrar;

 

                (b)    a renunciation in Form 13 from each person who is entitled in priority or equally to be named as an administrator under Section 32 of the Act and has not joined in the application, if applicable;

 

                (c)    the nomination of the applicant to their appointment in Form 15 signed by each person who is entitled to nominate an administrator under subsection 32(4) of the Act and the Public Trustee, if applicable;

 

                (d)    the security required under the Act; and

 

                (e)    payment of probate tax required under the Act,

 

and such additional or other material as the registrar directs.


Application for administration with the will annexed

38   An application for a grant of administration with the will annexed shall be accompanied by

 

                (a)    the original will;

 

                (b)    proof of death satisfactory to the registrar;

 

                (c)    the following applicable proof of execution of the will:

 

                         (i)     for a will other than a holograph will, an affidavit of execution of the will in Form 2 or such other evidence of due execution of the will as is required under Section 11, or both,

 

                         (ii)    for a holograph will, an affidavit in Form 2A or such other evidence of due execution of the will as is required under Section 11A, or both;

Clause 38(c) replaced: O.I.C. 2008-429, N.S. Reg. 356/2008.

 

                (d)    a renunciation in Form 12 from each person who is named in the will as executor and who has not joined in the application, if applicable;

 

                (e)    a renunciation in Form 14 from each person who is entitled in priority or equally to a grant under Section 32 of the Act and who has not joined in the application, if applicable;

 

                (f)    the nomination of the applicant to their appointment in Form 16 signed by each person who is entitled to nominate an administrator under subsection 32(4) of the Act and the Public Trustee, if applicable;

 

                (g)    the security required under the Act, if applicable; and

 

                (h)    payment of the probate tax required under the Act,

 

and such additional or other material as the registrar directs.


Application for extra-provincial grant

39   An application for an extra-provincial grant shall be accompanied by

 

                (a)    2 certified copies of the original grant or order to the like effect under the seal of the court that granted it and a certificate under the seal of that court stating that the original grant or order is still in effect;

 

                (b)    2 certified copies of the will, if applicable;

 

                (c)    proof of death satisfactory to the registrar;

 

                (d)    an affidavit of translation in Form 3, if applicable;

 

                (e)    the security required under the Act, if applicable; and

 

                (f)    payment of the probate tax required under the Act,

 

and such additional or other material as the registrar directs.


Incomplete application

40   If an application for a grant or material required to accompany the grant are incomplete, the registrar may issue a notice of rejection in Form 17 by ordinary mail to the applicant.


Value of estate

41   (1)    For the purposes of the taxes collected under the Act and the security and inventory required under the Act, the “value of the estate” means the value of the assets of a deceased person calculated on

 

                (a)    the gross value of the personal property of the deceased; and

 

                (b)    the fair market value of the real property of the deceased less the amount of any mortgages and encumbrances registered against the real property at the Registry of Deeds for the probate district in which the real property is located,

 

that passes by a will or wills, or that transfers or will be transferred to a trust under a will or wills, whether or not the trust described in the will is described as being separate from the estate, or that passes upon intestacy.

 

       (2)    For the purposes of subsection (1), a mobile home is deemed to be personal property.

Subsection 41(2) replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (3)    An estate shall be valued as of the date of the death of the deceased.

 

       (4)    Where a court has reason to believe that the value of the estate exceeds the sum stated in the inventory, the court may inquire into the matter.


Security

42   (1)    The security required under the Act shall be

 

                (a)    a bond or policy of guarantee of a guarantee company as defined in the Sureties Act, in Form 18;

 

                (b)    a personal bond and affidavit of justification in Form 19; or

 

                (c)    letters of credit from a financial institution acceptable to the registrar,

 

or other security satisfactory to the registrar.

 

       (2)    The security referred to in subsection (1) shall

 

                (a)    be made to the registrar; and

 

                (b)    be in an amount equal to 1.5 times the value of the estate.

 

       (3)    A personal bond referred to in clause (1)(b) shall require

 

                (a)    one surety if the value of the estate is $100 000 or less, unless the registrar otherwise directs;

 

                (b)    at least 2 sureties if the value of the estate exceeds $100 000, unless the registrar otherwise directs.

 

       (4)    The registrar may allow more than 1 bond or other security to be given so as to limit the liability of a surety, but the total value of all securities given shall be equal to the amount of the security required pursuant to clause 2(b).

 

       (5)    A personal surety shall be resident in the Province and shall

 

                (a)    personally, if the personal surety is the only surety; or

 

                (b)    together with the other surety or sureties, if there is more than one surety, have property of a value equal to or greater than the amount of the security required under clause (2)(b) over and above the total amount of all mortgages and encumbrances registered against the property at the Personal Property Registry or the Registry of Deeds for the district in which the property is located.

 

       (6)    No personal representative of a deceased person or spouse of a personal representative of a deceased, shall be a surety for the estate of the deceased.

 

       (7)    The registrar may, after considering the interests of the persons who have a financial interest in an estate, reduce the amount of security required pursuant to clause 2(b).

 

       (8)    On application by a person interested in an estate and on being satisfied that a condition of a bond or other security for the estate has been breached, the registrar may make an order to assign the bond or other security to a person named in the order.

 

       (9)    The person to whom a bond or other security is assigned under subsection (8) and their heirs and personal representatives are entitled to the same rights under the bond or other security as if the bond or other security had been originally given to that person.

 

       (10)  On application by a person interested in an estate and on being satisfied that the security for the estate has become inadequate or insufficient, the registrar may order the estate’s personal representative to provide alternate or additional security.

 

       (11)  If a non-resident executor wishes for a court to dispense with the giving of security pursuant to subsection 40(3) of the Act, the non-resident executor shall file with the court

 

                (a)    an affidavit containing the names of all persons who are or may be beneficially interested in the estate of the deceased and stating that all these persons are competent adults; and

 

                (b)    the consent to the dispensation of each person referred to in clause (a).


Forms of grants

43   (1)    A grant of probate shall be in Form 20.

 

       (2)    A grant of administration shall be in Form 21.

 

       (3)    A grant of administration with the will annexed shall be Form 22.

 

       (4)    An extra-provincial grant shall be in Form 23, 23A or 23B.


Notice of grant

44   (1)    A personal representative of an estate shall, within 30 days after a grant has been issued, serve notice of the grant to each person who is or may be entitled to share in the distribution of the estate, in the appropriate form as follows:

Subsection 44(1) amended: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

                (a)    Form 24 - Notice to Beneficiaries (Residuary);

 

                (b)    Form 25 - Notice to Beneficiaries (Non-Residuary);

 

                (c)    Form 26 - Notice to Heirs (Intestacy);

 

                (d)    Form 27 - Notice to Persons Who May Have Statutory Rights.

 

       (2)    Proof of service of a notice pursuant to subsection (1) shall be in Form 28 and shall be filed by a personal representative of the estate within 60 days after the grant for the estate has been issued.

 

       (3)    Despite subsection (2), the time for serving notice of the grant and filing proof of service may be extended, at the discretion of the registrar.

Subsection 44(3) amended: O.I.C. 2010-175, N.S. Reg. 63/2010.


Inventory

45   (1)    The inventory of the property of the deceased which is required by Section 57 of the Act to be filed within 3 months after a grant has been issued, shall be filed by the personal representative in Form 29.

 

       (2)    A supplemental inventory required to be filed by Section 58 of the Act shall be in Form 29 with any necessary modifications.

 

46   (1)    A notice pursuant to subsection 57(2) of the Act requiring a personal representative to file an inventory shall be in Form 30.

 

       (2)    A notice referred to in subsection (1) shall be sent by ordinary mail to the personal representative or to the lawyer representing the personal representative.

 

       (3)    If a personal representative fails to comply with the notice referred to in subsection (1), the court may make an order pursuant to subsection 57(3) of the Act for the personal representative to file the inventory.

 

       (4)    If a personal representative fails to file an inventory after an order is made pursuant to subsection 57(3) of the Act, a person may make application to the court to remove the personal representative pursuant to clause 61(1)(a) of the Act.


Advertisement

47   A personal representative of an estate who is advertising the estate information in accordance with subsection 63(1) of the Act shall do so in Form 31 upon issuance of the grant for the estate.


Claimants

48   (1)    A creditor or claimant shall

 

                (a)    file with the court their claim against an estate in Form 32; and

 

                (b)    serve the personal representative of the estate with a copy of their claim, as filed,

 

within the advertising period prescribed by subsection 63(1) of the Act.

 

       (1A) A creditor or claimant must file an affidavit of service in Form 5 with the court within 10 days of serving a notice of claim.

Subsection 48(1A) added: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (2)    A creditor or claimant who has not complied with subsection (1) may make a claim against an estate only with the prior consent of the court.

 

       (3)    If a personal representative of an estate does not agree with all or part of the claim of a creditor or claimant against the estate, the personal representative shall

 

                (a)    file with the court a notice of contested claim in Form 33; and

 

                (b)    serve the creditor or claimant with a copy of the notice of contested claim

 

within 30 days of being served with the claim.

 

       (3A) A personal representative must file an affidavit of service in Form 5 with the court within 10 days of serving a notice of contested claim.

Subsection 48(3A) added: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (4)    A creditor, claimant or personal representative whose claim against an estate is contested may have the claim dealt with

Subsection 48(4) amended: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

                (a)    on the passing of the accounts of the personal representative and the settlement and distribution of the estate under Part III; or

 

                (b)    by commencing an application for an order under Part IV by filing with the court and serving on the respondent

 

                         (i)     a notice of application in Form 45, and

 

                         (ii)    affidavit in Form 46.


Bad debts

49   After an estate has been advertised for the required time period in accordance with subsection 63(1) of the Act, the personal representative of the estate may file an affidavit with the court, containing

 

                (a)    a schedule of bad or doubtful debts including the particulars of dates, names and amounts; and

 

                (b)    the particulars of the efforts to collect the debts and confirmation that the debts are unlikely to be collectable.

 

50   Upon the application of a personal representative of an estate or a person interested in an estate, the court may make an order

 

                (a)    for the equitable division of the bad debts referred to in Section 49 among the creditors and those persons entitled to benefit from the estate; or

 

                (b)    appointing one or more persons to make the division referred to in clause (a), subject to confirmation by the court; or

 

                (c)    for the sale of any or all of the bad debts referred to in Section 49.


Insolvent estates

51   (1)    The personal representative of an estate may apply for an order declaring the estate to be insolvent after the estate has been advertised for the required period of time in accordance with subsection 63(1) of the Act, by filing an affidavit in Form 34 and making an application for an order passing the accounts of the estate in accordance with Section 55.

Subsection 51(1) replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.


Subsections 51(2), (3) and (4) repealed: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (5)    For the purposes of clause 83(3)(d) of the Act and subject to Section 68 of the Act, “medical expenses” includes private nursing and home care expenses of the deceased.


Part III - Accounting, Settlement and Distribution


Persons interested in an estate

52   (1)    Subject to subsection (2), a person interested in an estate is, for the purposes of this Part, any

 

                (a)    residuary beneficiary;

 

                (b)    unpaid non-residuary beneficiary;

 

                (c)    person entitled to share in the distribution of the estate on an intestacy;

 

                (d)    life tenant;

 

                (e)    trustee, guardian, court-appointed guardian or attorney appointed under the Powers of Attorney Act for a person under a disability;

 

 

                (f)    trustee, guardian, court-appointed guardian or attorney appointed under the Powers of Attorney Act for a missing person or unascertained person;

 

                (g)    the Public Trustee, where the Public Trustee Act applies;

 

                (h)    unpaid claimant or creditor who has filed a claim in accordance with Section 48;

 

                (i)     unreleased security;

 

                (j)     personal representative.

Clause 52(1)(j) added: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (2)    A person who has signed a release in Form 36 is not, for the purposes of this Part, a person interested in an estate.


Requirement to give accounting

53   (1)    A personal representative of an estate shall give the court an accounting of the administration of the estate by applying in accordance with Section 55 for an order passing the accounts of the estate

 

                (a)    within 18 months of the date of the grant unless the court orders an extended period;

 

                (b)    when the personal representative desires to be discharged pursuant to subsection 61(2) of the Act; or

 

                (c)    at any time when ordered to do so by the court.

 

       (2)    Before a personal representative of an estate is removed by a court order pursuant to Section 61 of the Act, the personal representative shall account for the administration of the estate up to the time of their removal, in accordance with Section 55.

 

       (3)    If a personal representative fails to comply with subsection (1) or (2), the court may order a personal representative to pay the costs of, and incidental to, an independent accounting of the administration of the estate.


Accounting not required

54   Despite Section 53, if a personal representative of an estate determines that an accounting of the administration of the estate is not required, in accordance with subsection 69(3) of the Act, the personal representative shall file an affidavit in Form 37 and the applicable releases in Forms 36 and 36A with the court together with all required consents in Form 38 in lieu of an application to the court for an order to pass the accounts of the estate.

Section 54 amended: O.I.C. 2010-175, N.S. Reg. 63/2010.


Application for accounting by personal representative

55   (1)   A personal representative of an estate who is applying for an order pursuant to subsection 53(1) shall file with the court

 

                (a)    an application in Form 39 for a passing of accounts by a hearing or Form 40 for a passing of accounts without a hearing;

 

                (b)    the accounts;

 

                (c)    all applicable signed releases in Forms 36 and 36A; and

Clause 55(1)(c) replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

                (d)    the proposed order for passing the accounts in Form 41.

 

       (2)    Upon receiving an application under subsection (1), the registrar shall set the date and time for passing the accounts of the estate, which shall be not less than 45 days from the date of receipt of the application.

 

       (3)    Upon filing an application pursuant to subsection (1), a personal representative shall serve

 

                (a)    a copy of the application filed pursuant to subsection (1);

 

                (b)    a copy of the accounts; and

 

                (c)    a blank notice of objection in Form 42,

 

on each person interested in the estate not less than 30 days before the date set to pass the accounts.

 

       (4)    A personal representative or proctor shall file an affidavit respecting the application filed pursuant to subsection (1) in Form 43 with the court not less than 10 days before the date set for passing the accounts.

Subsection 55(4) amended: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (4A) The proctor may file an affidavit in Form 43 respecting the duties performed by the proctor.

Subsection 55(4A) added: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (5)    Where no completed notice of objection is filed with the court pursuant to Section 58, an application under this Section may proceed, without further notice.


Application for accounting by person interested in an estate

56   (1)    After the expiration of 18 months from the date of the grant or such longer period as the court may have allowed for an accounting to be provided pursuant to subsection 69(1) of the Act, a person interested in an estate may apply to the court for an order requiring the personal representative to apply to have the court pass the accounts of the estate.

 

       (2)    A person making an application pursuant to subsection (1) shall file an application pursuant to Section 64.

 

       (3)    A beneficiary of a specific gift under a will is entitled to an accounting in respect of that gift only but once the gift has been received by the beneficiary, the beneficiary is no longer entitled to that accounting.

 

       (4)    Despite subsection (1), upon application by an interested person, the court may allow an application less than 18 months from the date of the grant.

Subsection 56(4) added: O.I.C. 2010-175, N.S. Reg. 63/2010.


Accounts

57   (1)   A personal representative of an estate shall keep accurate records of all property and debts of the estate and all activity in the estate.

 

       (2)    The accounts of an estate shall include

 

                (a)    a statement of all property of the deceased at the beginning of the accounting period;

 

                (b)    a statement of all adjustments to the value of the property of the deceased during the accounting period;

 

                (c)    a statement of all income received during the accounting period;

 

                (d)    a statement of all disbursements made during the accounting period for the payment of any debts or expenses incurred;

 

                (e)    a statement of all distributions made during the accounting period;

 

                (f)    a statement of all property remaining undistributed and the proposed distribution of that property;

 

                (g)    a statement of the commission sought for the personal representative, if any;

 

                (h)    a solicitor’s proposed bill of costs, if any; and

 

                (i)     a statement summarizing the statements listed in clauses (a) through (h).

 

       (3)    A statement referred to in clause 2(b) or (c) shall contain

 

                (a)    the date of receipt of all adjustments and income;

 

                (b)    the source of all adjustments and income; and

 

                (c)    the amount or value of all adjustments and income.

 

       (4)    A statement referred to in clause 2(d) or (e) shall contain

 

                (a)    the date of each disbursement or distribution;

 

                (b)    the name of the recipient of each disbursement or distribution;

 

                (c)    the nature and purpose of each disbursement or distribution; and

 

                (d)    the amount or value disbursed or distributed in each case.

 

       (5)    If a will deals separately with capital and income, the accounts shall distinguish entries respecting capital from entries respecting income.

 

       (6)    A court may require further particulars of any account presented to the court.


Notice of objection

58   (1)    If a person interested in an estate objects to the accounts of the administration of the estate or any part of the accounts, the person shall, not less than 10 days before the date set for passing the accounts, file a notice of objection in Form 42 with the court and serve a copy of the notice of objection on the personal representative of the estate.

 

       (2)    If a notice of objection is filed pursuant to subsection (1), the application to pass the accounts shall proceed by a hearing.

 

       (3)    If a person has not filed and served a notice of objection in accordance with subsection (1), the person

 

                (a)    is deemed to have consented to the administration of the estate as contained in the accounts; and

 

                (b)    may only make representations at any scheduled hearing with the permission of the court.


Court powers on passing accounts

59   (1)   On passing the accounts of an estate, a court may, in addition to the powers set out in Sections 71 and 72 of the Act,

 

                (a)    reject documents not filed or served in accordance with Section 55;

 

                (b)    direct a personal representative of the estate to vary or amend the accounts of the estate;

 

                (c)    set the commission for a personal representative of the estate in accordance with Section 76 of the Act and give any direction in that respect;

 

                (d)    approve the compensation of an accountant or other skilled person appointed pursuant to Section 74 of the Act;

 

                (e)    require the production of bank or other financial statements or any documents relating to the administration of the estate; and

 

                (f)    require the production of vouchers, receipts and releases for all debts paid and expenditures and distributions made during the accounting period for the estate;

 

                (g)    make a final order declaring the estate to be insolvent;

 

                (h)    adjudicate a disputed matter in accordance with Sections 66 or 71 of the Act, and set the procedure the parties shall follow and time limits, if appropriate.

 

       (2)    Despite clause (1)(f), the registrar, in the registrar’s discretion, may allow any item of expenditure or distribution without the production of a voucher, receipt or release, upon the filing of an affidavit in support of the expenditure or distribution.

 

       (3)    An order made by a court pursuant to Section 72 of the Act and this Section shall be in Form 41.


Investigation of accounts by accountant or other skilled person

60   (1)    An accountant or other skilled person who is appointed pursuant to Section 74 of the Act to investigate the accounts of an estate shall be a chartered accountant, a certified general accountant, a certified management accountant, or an accountant acceptable to a court.

 

       (2)    A court shall determine the nature, scope and extent of the duties of an accountant referred to in subsection (1) and the time within which their investigation is to be completed.

 

       (3)    Any person having knowledge of or possession of documents relating to the administration of an estate shall make the records or other pertinent documents available to an accountant referred to in subsection (1) and shall cooperate fully with the accountant.

 

       (4)    An accountant referred to in subsection (1) shall at the conclusion of their investigation file a report respecting their investigation with the court and send a copy of the report by ordinary mail to a personal representative of an estate.

 

       (5)    The court may require an accountant referred to in subsection (1) to appear at a hearing and give any further explanations the court may require to pass the accounts of an estate.


Taxation of solicitor’s bill of costs

61   (1)    The taxation of a solicitor’s bill of costs in relation to an estate of a deceased person pursuant to Section 91 of the Act may be conducted prior to or upon an application for passing the accounts of an estate.

 

       (2)    If the taxation of a solicitor’s bill of costs is dealt with separately from passing the accounts of an estate, the registrar shall be provided, not less than 10 days before the taxation, with a notice of taxation in Form 44 and a copy of each bill of costs to be taxed, together with

 

                (a)    proof that the personal representative and the persons listed in clauses 52(1)(a) through (h) were served with a copy of each bill of costs and the notice of taxation at least 30 days before the taxation; or

 

                (b)    written consents to the solicitor’s bill of costs from the personal representative and the persons listed in clauses 52(1)(a) through (h).

 

       (3)    On taxation of a solicitor’s bill of costs the registrar may

 

                (a)    receive evidence by affidavit or orally;

 

                (b)    direct the production of books, papers and documents; or

 

                (c)    make any order that the registrar considers appropriate.

 

       (4)    A decision of a registrar in a taxation of a solicitor’s bill of costs may be appealed to a judge.


Personal representative’s commission

62   (1)    A commission paid to a personal representative of an estate pursuant to Section 76 of the Act is for all services performed by the personal representative to complete the administration of the estate including distribution of the estate.

 

       (2)    A compensation agreement reached by a testator and a proposed personal representative is not binding on a court or the beneficiaries of the testator unless it is incorporated in the testator’s will.

 

       (3)    In deciding the amount of the commission to allow to a personal representative pursuant to Section 76 of the Act, a court may consider the following:

 

                (a)    the size of the estate;

 

                (b)    the care and responsibility involved in administering the estate;

 

                (c)    the time the personal representative was occupied in performing their duties;

 

                (d)    the skill and abilities shown by the personal representative;

 

                (e)    the success resulting from the personal representative’s administration of the estate.


Part IV - Contentious Matters


Persons interested in an estate

63   (1)    Subject to Section 71, a person interested in an estate is, for the purposes of this Part,

 

                (a)    a personal representative of an estate; or

 

                (b)    any of the persons referred to in subsection 52(1).

 

       (2)    A court may order a group of persons with identical interests to be a class of persons interested in an estate.


Application respecting contentious matter

64   (1)    An application may be made to a court under this Part respecting any contentious matter.

 

       (2)    For the purposes of this Part, a “respondent” includes but is not limited to any person interested in an estate.

 

       (3)    A person interested in an estate may commence an application under this Part by filing with a court and serving on the respondents

 

                (a)    a notice of application in Form 45; and

 

                (b)    an affidavit in Form 46 containing a list of persons interested in the estate and swearing to the facts on which the application is based.

 

       (4)    If a personal representative is not joined as an applicant in an application under this Part, the personal representative shall be shown as a respondent in documents filed with the court.


Service under this Part

65   (1)    A copy of an application filed with a court pursuant to subsection 64(3) shall be served on a respondent not less than 30 days before the hearing.

 

       (2)    Despite subsection (1) a court may set a date for a hearing and permit an application to be served less than 30 days before the hearing if, in the opinion of the court, the circumstances warrant it.

 

       (3)    If a person interested in the estate is a missing person, an applicant shall serve the Public Trustee with a copy of an application filed pursuant to subsection 64(3).

 

       (4)    If the identity or address of a person interested in the estate is unascertainable, an applicant shall serve the Public Trustee with a copy of an application filed pursuant to subsection 64(3).


Notice of objection

66   (1)    A person who is served with an application pursuant to Section 65 or 71 and who wishes to object to the application shall

 

                (a)    file a notice of objection in Form 47 with the court giving reasons for their objection; and

 

                (b)    not less than 10 days before the hearing, serve a copy of the notice of objection filed pursuant to clause (a) on all of the following people:

 

                         (i)     the personal representative,

 

                         (ii)    each person interested in the estate,

 

                         (iii)   the applicant;

Clause 66(1)(b) replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

       (2)    If a person does not file and serve a notice of objection in accordance with subsection (1), the person

 

                (a)    is not entitled to notice of any further proceedings; and

 

                (b)    may only make representations at the scheduled hearing with the permission of the court.

 

       (3)    Despite subsection (1), a court may permit the notice of objection to be filed and served less than 10 days before the hearing if, in the opinion of the court, the circumstances warrant it.


Procedure and powers at hearing

67   Without limiting the powers of the court, the registrar, on hearing an application under this Part, may

 

                (a)    receive evidence by affidavit or orally;

 

                (b)    dispose of issues arising out of the application;

 

                (c)    direct a hearing of issues arising out of the application and the procedure to be followed at the hearing;

 

                (d)    set the time or times within which matters or proceedings respecting the estate shall be completed;

 

                (e)    grant any relief to which the applicant is entitled because of a breach of trust, wilful default or other misconduct of the respondent;

 

                (f)    direct that notice of the court’s decision or order be given to a particular person;

 

                (g)    dispense with service of notice on any person if, in the opinion of the court, service is impractical;

 

                (h)    order that any money in the hands of a personal representative be paid into any chartered bank to the credit of the estate and not withdrawn without a court order;

 

                (i)     order that security for costs be given by any party;

 

                (j)     order that costs be paid from the estate or by a person who is a party to the application;

 

                (k)    make any order the registrar considers appropriate in the circumstances.


Production of a will

68   (1)    If an applicant applies for an order requiring a person to produce a will for a grant or to renounce executorship of a will, a court may order the person to appear before the court to

 

                (a)    deposit the will with the court;

 

                (b)    accept probate of the will;

 

                (c)    renounce executorship of the will;

 

                (d)    explain why administration with the will annexed should not be granted to the applicant or another person who has a prior or equal right to administer the estate and who is willing to act as an administrator;

 

                (e)    explain why the will should not or cannot be deposited with the court;

 

                (f)    give any information that the person has that is relevant to discovering the location of the will if it is not in the possession or control of the person.

 

       (2)    Despite subsection (1), a court may permit a person to prepare and submit affidavit evidence rather than attending before the court if, in the opinion of the court, the circumstances warrant it.

 

       (3)    An applicant shall not apply for an order requiring a personal representative of an estate to accept or refuse executorship of a will until at least 20 days after the date of the death of the testator.

 

       (4)    Despite subsection (3), an applicant may apply for an order requiring a personal representative of an estate to accept or refuse executorship of a will prior to the time referred to in subsection (3) if, in the opinion of the court, the circumstances warrant it.

 

       (5)    Upon being satisfied that a will may be in the custody of a person, a court may make an ex parte order in Form 48 for the production of the will.


Proof of lost or destroyed wills

69   (1)    If an original will is lost or destroyed, the validity and content of the will shall be proved in accordance with Section 31 of the Act upon an application for proof in solemn form, unless the court otherwise orders.

 

       (2)    An application under subsection (1) may proceed by affidavit evidence without appearance where all persons who have an interest in the estate consent in writing to the proof.


Revocation of grant

70   (1)    Each person who is or claims to be entitled to administer an estate under an unrevoked grant shall be made a party to an application for revocation of the grant.

 

       (2)    A court may direct that any person interested in an estate be made a party to the proceeding for revocation of a grant.

 

       (3)    Upon application for revocation of a grant,

 

                (a)    if the applicant has possession or control of the grant, the applicant shall deliver the grant to the registrar within 7 days after the application has been filed with the court; or

 

                (b)    if a party to the application other than the applicant has possession or control of the grant, the party shall deliver the grant to the registrar within 7 days after the party has been served with the application,

 

and the person to whom the grant was issued shall not act under it without leave of the court.

 

       (4)    If a person fails to comply with clause (3)(a) or (b), the registrar may issue an order in Form 49 requiring the person to deliver the grant to the registrar.

 

       (5)    A person against whom an order has been issued under subsection (4), shall not act under the grant without leave of the court.

 

       (6)    If an application for revocation of a grant is not contested or opposed, a court may make an order based on the documents filed without requiring anything more.


Proof in solemn form

71   (1)    Subject to subsection (2), an application for proof of a will in solemn form pursuant to Section 31 of the Act shall be commenced by filing with the court a notice of application in Form 45 and an affidavit in Form 46 setting out the reasons for questioning the validity of the will and describing the names, ages and places of residence of the beneficiaries and persons entitled to share in the distribution of the estate by reason of the Intestate Succession Act.

 

       (2)    In accordance with subsection 31(2) of the Act, if an application for proof in solemn form of a will is made after 6 months from the date of the grant, the applicant shall explain the reasons for commencing the application at that time and shall acknowledge that the application is limited to the portion of the property of the estate remaining undistributed as at the date of commencement of the application.

 

       (3)    All persons known to have an interest in upholding or disputing the validity of the will shall be served with a copy of the application referred to in subsection (1) in accordance with Section 65 and shall have the right to be joined as parties.

 

       (4)    Upon filing the documents referred to in subsection (1), the applicant shall advertise the notice of application for proof in solemn form in 3 consecutive issues of the Royal Gazette.

 

       (5)    If an application for proof of a will in solemn form has been filed pursuant to Section 31 of the Act, a personal representative who has been issued a grant for the estate shall not distribute any of the property of the estate unless

 

                (a)    the court approves the distribution; or

 

                (b)    all persons interested in the estate consent in writing to the distribution and all the consents are filed with the court.

 

       (6)    Subject to subsection (5), if an application for proof of a will in solemn form is filed pursuant to Section 31 of the Act, a personal representative who has been issued a grant shall not exercise any of the powers of a personal representative during the application for proof of the will in solemn form without the consent of the court.

 

       (7)    If a court file has been opened for an estate, the registrar shall record all documents referred to in subsection (1) in that file.

 

       (8)    If there is no court file for an estate, all of documents referred to in subsection (1) are deemed to be originating documents and the registrar shall open a court file.

 

       (9)    If an application for proof of a will in solemn form is not contested, the court may make an order based on the documents filed without requiring anything more.

 

       (10)  If an application for proof of a will in solemn form is made by a person other than a personal representative named in the will, the personal representative may

 

                (a)    contest the application; or

                (b)    apply for an order that the application is frivolous or vexatious.

 

       (11)  If a personal representative of an estate applies pursuant to clause (10)(b) for an order that the application for proof of a will in solemn form is frivolous or vexatious, the personal representative shall file an affidavit explaining their reasons for seeking the order.

 

       (12)  If an application for proof of a will in solemn form is contested, the person contesting the application shall file a notice of objection in accordance with Section 66.


Registrar as clerk of court

72   (1)    A registrar may act as clerk of the court where a judge is hearing a matter under the Act.

 

       (2)    If a registrar acts as clerk pursuant to subsection (1), the registrar shall assist the judge at any sitting of the court and be subject to the order of the judge, and all papers in the registrar’s possession shall be available for the use of the judge.

 

       (3)    When acting as a clerk, a registrar shall inform the judge of any proceeding or other business awaiting the judge’s action, and if the judge does not reside in the probate district the registrar shall, whenever the judge holds a sitting of the court, prepare a docket of the business to be disposed of at the sitting and may attend at the sitting with the papers relating to the business.

 

       (4)    A registrar acting as clerk pursuant to subsection (1) shall be responsible for recording the evidence and documents filed with the court.


Appraisal

73   (1)    A person interested in an estate may make an application to a court in accordance with Section 64 for an order appointing one or more appraisers to estimate the value of any or all of the assets of the estate.

 

       (2)    Where an application is made pursuant to subsection (1), the affidavit shall contain

 

                (a)    the reasons for requiring an appraisal;

                (b)    information as to the nature of any dispute over evaluations;

                (c)    the name of the appraiser or appraisers proposed for appointment by the

applicant; and

                (d)    the method for determining the value of any or all of the assets to be appraised where more than one appraiser is to be appointed.

 

       (3)    The costs of an appraisal under this Section shall be paid from the estate unless the court otherwise directs.


Mediation

74   (1)    During the proceeding of any contentious matter under this Part, the parties may agree to adjourn the proceeding and refer any or all matters in dispute to mediation.

 

       (2)    If a matter is referred to mediation pursuant to subsection (1), unless otherwise agreed by the parties, the procedure for conducting the mediation shall be as set out in Schedule A.

 

       (3)    If a party withdraws from mediation or where mediation is concluded without agreement being reached, the matter in dispute may be recommenced in the court by the parties, or one of them, at a time to be set by the court.

 

       (4)    Mediators to whom matters are referred pursuant to subsection (1) shall conduct themselves in a manner that is consistent with the Arbitration and Mediation Institute of Canada’s approved Code of Conduct including, but not limited to, not acting as a representative or counsel of a party to the mediation.


Appeal from decision or order of registrar

75   (1)    An appeal pursuant to Section 93 of the Act from a decision or order of a registrar shall be commenced by any party aggrieved by the order or decision by

 

                (a)    filing 4 copies of a notice of appeal with the registrar;

                (b)    serving 1 copy of the notice of appeal on the respondent, if any; and

                (c)    serving 1 copy of the notice of appeal on the personal representative, if the

personal representative is not the appellant or the respondent,

not later than 30 days after the date of the registrar’s decision or order.

 

       (2)    A notice of appeal from a decision or order of a registrar shall be in Form 50 and shall be accompanied by a copy of the order or decision under appeal.

 

       (3)    Proof of service pursuant to subsection (1) shall be filed with the court not later than 7 days after the last day for service of the notice of appeal.

 

       (4)    Upon receipt of a notice of appeal, the registrar shall schedule a date and time for the hearing of the appeal and enter the date and time for the hearing on the notice of appeal.

 

       (5)    The judge may direct what material may be filed for the hearing of an appeal and may request clarification of the case from the registrar.

 

Schedule A - Probate Mediation Procedure

(S. 74)


Parties to the mediation

1     (1)    The goal of mediation is to reach an agreed-upon settlement and, therefore, all persons with the appropriate authority to agree to the settlement terms and conditions should be present at or available to participate in the mediation.

 

       (2)    Other persons may participate in the mediation upon agreement by the parties.


Appointment of mediator

2     A mediator may be chosen from the Civil Roster of Mediators or the parties may choose their own mediator.


Disclosure

3     (1)    Each party shall disclose whatever information and documents that the parties agree are necessary for them to reach an agreement.

 

       (2)    All information and documents shall be exchanged between the parties and delivered to the mediator at least 7 days before the first mediation session.


Procedure before mediation session

4     (1)    Each party shall prepare a brief summary statement, not to exceed 3 pages, of the issues in dispute and the party’s positions with respect to those issues.

 

       (2)    A copy of the summary statement shall be delivered to every other designated party and the mediator not less than 3 days before the first mediation session.

 

       (3)    The mediator may meet with each party separately prior to a mediation session to clarify the issues and procedures.


Process

5     (1)    The mediator may meet with any party privately during a mediation session if the mediator considers that it will assist the process.

 

       (2)    Each party shall participate in good faith in the mediation process including avoiding any unnecessary delays and submitting all relevant information.


Representation

6     A party may be represented at a mediation session by counsel or another representative and, where so represented, may request the opportunity to meet privately with counsel or that representative at any time during the mediation.


Adjournment

7     The mediator may adjourn or cancel a mediation session at any time.


Withdrawal

8     A party may withdraw from the mediation process at any time.


Resort to other proceedings

9     Unless it is necessary for a party to initiate or continue arbitral or judicial proceedings to preserve the party’s rights, no party shall, during the mediation process, initiate or continue any arbitral or judicial proceeding in respect of any matter in the dispute that is the subject-matter of the mediation.


Record

10   No transcript shall be kept of a mediation session.


Outcome of mediation

11   (1)    When the parties reach an agreement, the mediator shall set out the agreement in writing in a report that shall be reviewed by the parties.

 

       (2)    Where a party is unrepresented, the mediator may suggest that the party seek independent legal advice before a settlement agreement is signed.


Confidentiality

12   No communications that occur during a mediation process are admissible in any legal proceeding and a mediator is neither competent nor compellable in any legal proceeding to disclose any admission or communication made to the mediator in his or her capacity as a mediator.


“Without prejudice” proceeding

13   In all respects, mediation is deemed to be a “without prejudice” proceeding carried on in the course of settlement negotiations.


Costs

14   The costs of a mediation process shall be borne by the parties to it, as agreed to between or among them.

 


Forms

[Editorial note: Unless otherwise noted, the words in brackets in the following probate forms are not editorial corrections made by the Office of the Registrar of Regulations. They are part of the regulations.]

 

[Note: The references to the Minister of Finance throughout the forms have been updated in accordance with Order in Council 2013-348 under the Public Service Act, R.S.N.S. 1989, c. 376, effective October 22, 2013.]


 

 ________________________________________________________________ 

Form 1 - Certificate of Status of a Grant

Form 1

Probate District:

Probate Court File No:




 

 

IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased

 

Certificate of Status of a Grant

(S. 5(6))


This certifies that the grant of               type of grant               for this estate was issued by this Court at               probate district               to               name of personal representative               , on

        month and day               , 20        , and is still in force and effect on the date of this certificate.

 

____________________________                  _____________________________

Date                                                                  Registrar of Probate

 

 ________________________________________________________________ 

Form 2 - Affidavit of Execution of Will or Codicil

Form 2

Probate District:

Probate Court File No:






Affidavit of Execution of Will or Codicil

(S. 11(1))


I,               name of witness               , of               street and postal address, place, province/state, country                     ,


make oath/affirm and say:

 

1.    On       month and day        , year , I was present and saw the        will/codicil        attached to this affidavit executed by        name of testat(or)(rix)               .

 

2.     Name of testat(or)(rix)        executed the document in the presence of me and       name of other witness, street and postal address, place, province/state, country       . We were both present at the same time, and signed the document in the testat(or)(rix)’s presence as attesting witnesses.


Sworn before me at _______________,

in the Country of _________________,

Province of                             , on ______________, 20___


_________________________________

A Barrister of the Supreme Court of Nova Scotia, Notary Public Registrar of Probate or Deputy Registrar of Probate

)

)

)

)

)

)

)

)

)






_______________________________

Signature of witness


Note: if the testat(or)(rix) was blind or signed by making his or her mark, add the following paragraph:

 

3.    Before its execution, the document was read over to the testat(or)(rix) , who was blind/signed by making his/her mark . The testat(or)(rix) indicated that he/she understood the contents.



Warning:     A beneficiary or the spouse of a beneficiary should not be a witness to a will.

 

 ________________________________________________________________ 

Form 2A - Affidavit Proving Execution of Holograph Will

Form 2[A]

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Affidavit Proving Execution of a Holograph Will

(Section 11A)


I, name of deponent , of        street and postal address, place, province/state, country        , make oath and say:

 

1.    (a)            I was well acquainted with the deceased, name of deceased . I frequently saw the deceased write and sign their name and I am well acquainted with the deceased’s handwriting and signature.

 

OR

 

       (b)           I am well acquainted with name . I have frequently seen name write and sign their name and I am well acquainted with their handwriting and signature.

[Choose (a) or (b) and delete the other.]

 

2.    I have carefully examined the document dated       date       which is marked as Exhibit A to this Affidavit.

 

3.    I believe the whole of the document including the signature to be in the handwriting of name of signor .


Sworn before me at ____________

in the Country of ________________

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Notary Public in and for the Province of Nova Scotia, Registrar of Probate or Deputy Registrar of Probate

)

)

)

)

)

)

)

)

)

)






_______________________________

Signature

 

 ________________________________________________________________ 

Form 3 - Affidavit Verifying Translation

Form 3

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Affidavit Verifying Translation

(S. 12(1))


I,                     name of translator                             , of                             address


make oath and say:

 

1.    I can read, write, and speak English and               translated language               fluently and I am competent to translate documents from either language to the other.

 

2.    I have carefully examined the original document(s) dated month and day , year , which is/are written in the translated language       language and which purport(s) to be the

 

                     last will

                     last will and codicil(s)

                     document referred to in will or codicil: [specify document]

of the deceased and        is/are        marked Exhibit “A” to this affidavit.

 

3.    Exhibit “B” to this affidavit is the original of my translation of Exhibit “A” to this affidavit into English and it is accurate.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commission[er] of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of translator

 

 ________________________________________________________________ 

Form 4 - Order Appointing a Guardian ad Litem

Form 4

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Order Appointing a Guardian ad Litem

(S. 16(2))


An application has been commenced for               [state the proceeding]               , and it appears that                       beneficiary/heir        is an infant, and is interested in the matter, and has no legal guardian.


It is ordered that        name               of               residence                      in the County of               county               , is appointed to act as guardian ad litem, to represent the interests of        infant’s name         , in the matter.

 

___________________________                    _____________________________

Date                                                                  Registrar of Probate

 

 

I accept the above appointment of guardian ad litem.

 

_________________________

Signature of guardian ad litem


Name:

Complete address:

Telephone:

Fax:

E-mail:


Note: may be used for more than 1 infant

 

 ________________________________________________________________ 

Form 5 - Affidavit of Service

Form 5

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Affidavit of Service

(S. 22(5))


I ,              name                                    , of                             street and postal address, place                            , in the Province of        province              ,


make oath and say:


I served copies of the originals of the following documents, which are on file with the court (if not on file, attached as exhibits), as follows:

 

       Document:                                                Exhibit “ ”:



 

on the following persons:

 

[list name(s) and address(es) of person(s), date(s) served, where served and method of service]


Sworn before me at ________________,

in the Country of ___________________,

Province of                                   , on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of deponent


 

 ________________________________________________________________ 

Form 6 - Subpoena

Form 6

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


[title of proceeding]


Subpoena

(S. 23)


TO:                     names and addresses of witnesses


You are required to attend the hearing of the above proceeding in the Probate Court, to be held at               court address                            in                     place                      , Nova Scotia, on       month and day       , 20        , at        time        a.m./p.m. and so on from day to day until the end of the hearing, to give evidence on behalf of the        applicant/respondents        .


You are also required to bring with you and to produce at the above hearing the following documents or things:

[here describe the documents or things]


Your failure to obey this subpoena without adequate excuse may be deemed a contempt of court and you could be arrested and imprisoned.


Issued at                     place                             , Nova Scotia,        month and day        , 20 .



 

 

Registrar of Probate


 

 ________________________________________________________________ 

Form 7 - Reservation of Right to Apply for Grant of Probate

Form 7

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased

 

Reservation of Right to Apply for Grant of Probate

(S. 29)

 

1.    The deceased,              name of deceased               , executed a will or codicil in which I am appointed a personal representative.

 

2.    I reside in the Province of Nova Scotia and I am entitled to apply for a grant of probate of the deceased’s estate under the Probate Act.

 

3.    I have not intermeddled in the deceased’s estate.

 

4.    I desire the administration of the deceased’s estate to proceed expeditiously but I am unable at this time to administer the estate of the deceased because I am/will be absent from the Province.

 

5.    I expect to be able to undertake the duties of personal representative in the future and I reserve my right to apply for a grant of probate.

 

6.    I consent to the issuance of a grant of probate to        name        , subject to my reservation.


Signed at               place                     ,        province        , on        month and day        , 20 .




 

__________________________                   _____________________________________

Signature of witness                                         Signature of person reserving right to apply

[name of witness - please print]                       [name of person - please print]


 

 ________________________________________________________________ 

Form 7A - Reservation of Right to Apply for Grant of Administration

Form 7A

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased

 

Reservation of Right to Apply for Grant of Administration

(S. 29)

 

1.    The deceased,                      name of deceased                                    , died intestate.

 

2.    I reside in the Province of Nova Scotia and I am entitled to apply for a grant of administration of the deceased’s estate under the Probate Act.

 

3.    I have not intermeddled in the deceased’s estate.

 

4.    I desire the administration of the deceased’s estate to proceed expeditiously but I am unable at this time to administer the estate of the deceased because I am/will be absent from the Province.

 

5.    I expect to be able to undertake the duties of personal representative in the future and I reserve my right to apply for a grant of administration.

 

6.    I consent to the issuance of a grant of administration to        name        , subject to my reservation.



Signed at        place               ,               province               , on        month and day        , 20 .


 

__________________________                   ____________________________________

Signature of witness                                         Signature of person reserving right to apply 

[name of witness - please print]                      [name of person - please print]


 

 ________________________________________________________________ 

Form 7B - Reservation of Right to Apply for Grant of Administration

with the Will Annexed

Form 7B

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased

 

Reservation of Right to Apply for Grant of Administration

with the Will Annexed

(S. 29)

 

1.    The deceased,               name of deceased               , executed a will or codicil in which the named executor(s) is/are unable to take out probate because [give explanation] .

 

2.    I reside in the Province of Nova Scotia and I am entitled to apply for a grant of administration with the will annexed under the Probate Act.

 

3.    I have not intermeddled in the deceased’s estate.

 

4.    I desire the administration of the deceased’s estate to proceed expeditiously but I am unable at this time to administer the estate of the deceased because I am/will be absent from the Province.

 

5.    I expect to be able to undertake the duties of personal representative in the future and I reserve my right to apply for a grant of administration with the will annexed.

 

6.    I consent to the issuance of a grant of administration with the will annexed to                      name                      , subject to my reservation.



Signed at               place               ,        province               , on        month and day        , 20 .



 

___________________________                    ____________________________________

Signature of witness                                         Signature of person reserving right to apply 

[name of witness - please print]                       [name of person - please print]


 

 ________________________________________________________________ 

Form 8 - Application for a Grant of Probate

Form 8

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF, Deceased


Application for a Grant of Probate

(S. 33(1))


I,        name in full                     , of                      street and postal address                      ,        place        ,

in the County of        county        , Province of               province              , postal code        , applicant,


make oath and say:

 

1.     name of deceased        late of               place               , in the County/Municipality of

county/municipality        , Province of Nova Scotia,        occupation        , died on or about       month and day       , 20        , at        place        , in the County/Municipality of        county/municipality        , Province of        province        , and at the time of death the residence of the deceased was

 

       (a)    at        place        , in the County/Municipality of county/municipality        , Province of Nova Scotia.

       OR

 

       (b)    outside Nova Scotia and the deceased had, at such time, property in Nova Scotia.

 

       [Choose (a) or (b) and delete the other.]

 

2.    To the best of my information and belief

       (a)    the deceased was/was not of the age of majority at the time the will was made and was/was not married and was/was not a registered domestic partner at that time;

       (b)    the deceased, at the time of death, was married / unmarried / a widower / a widow / separated / divorced / a registered domestic partner; [circle one]

       (c)    the deceased did/did not marry and was/was not a registered domestic partner after the deceased’s will was made;

       (d)    neither name of witness nor name of witness , the witnesses to the attached will and codicil(s), is a beneficiary or the spouse of a beneficiary named in the will or any codicil(s); [If so, give details.]

       (e)    the deceased was predeceased by [List the names, addresses and dates of death respectively of predeceasing beneficiaries named in the will, predeceasing spouse(s) and predeceasing child(ren).] ;

       (f)     there are/are no marriage contracts, separation agreements or court orders that affect the appointment of the applicant as personal representative of the estate of the deceased; [If there are, give details.]

       (g)    the attached will and codicil(s) is/are the true and original last will and codicil(s) of the deceased;

       (h)    no other application has been made for a grant of probate or administration of this estate; and

       (i)     the fair market value of all the assets of the deceased that the deceased died possessed of or entitled to that pass by a will or wills or that are transferred or will be transferred to a trust under a will or wills, whether or not the trust is described in the will as being separate from the estate, or that pass upon intestacy, is:

                (i) real property less encumbrances$              

                (ii) personal property (gross value)$              

                Total:                                                                                                  $              

which includes all insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to the estate of the deceased. [Do not include real property outside Nova Scotia, real property held in joint tenancy or insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to a named beneficiary.]

 

3.    The real property of the deceased is situate at               place in Nova Scotia                      .


4.    I am the executor of the deceased named in the attached will or codicil(s).

[If any executor named in the attached will or codicil(s) is not applying or is reserving the right to apply, provide explanation.]

 

5.    I will faithfully administer the property of the deceased by

       (a)    paying the just debts of the deceased, all taxes payable in respect of the estate of the deceased and the legacies contained in the attached will and codicil(s) so far as it or they extend and the law binds me;

       (b)    filing with the court a full and true inventory of all assets of the deceased in Form 29 within 3 months after the date of the grant;

       (c)    disclosing to the court the existence of any asset and any encumbrance on real property, the value of which has not been disclosed in the inventory, within 30 days of when I learn of it;

       (d)    undertaking to pay the Minister of Finance and Treasury Board the taxes payable under the Probate Act with respect to any asset that passes to me as the personal representative of the deceased and has not previously been disclosed to the Court, upon a determination being made as to the value of that asset;

       (e)    rendering a true account of my executorship whenever required by law to do so; and

       (f)     distributing all the property of the deceased according to law.

 

6.    I will surrender to this court the grant to be issued to me whenever so required by the court or the registrar.

 

7.    I request that the court issue a grant of probate to the applicant.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of applicant


[Note: the text and signature areas of this form may be adapted as required where there is more than one applicant.]

Form 8 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 8A - Application for a Grant of Probate (Corporate Applicant)

Form 8A

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Application for a Grant of Probate (Corporate Applicant)

(S. 33(1))


I,                             trust officer                                    on behalf of                                    trust company                             of

             street and postal address               ,               place         , in the County of               county              ,

Province of        province                     ,        postal code                      , applicant,


make oath and say:

1.    I am authorized to make this application for a grant of probate on behalf of

       trust company        and that        trust company       is the executor named in the attached will or codicil(s). [If any executor(s) named in the attached will or codicil(s) is/are not applying, provide explanation.]

 

2.     trust company        is authorized to administer estates in the Province of Nova Scotia.

 

3.     name of deceased late of        place        , in the County/Municipality of    county/municipality        , Province of Nova Scotia,        occupation       , died on or about     month and day , 20 , at        place               , in the County/Municipality of        county/municipality        , Province of province , and at the time of death the residence of the deceased was

 

       (a)    at        place        , in the County/Municipality of               county/municipality , Province of Nova Scotia.

       OR

 

       (b)    outside Nova Scotia and the deceased had, at such time, property in Nova Scotia.

 

       [Choose (a) or (b) and delete the other.]

 

4.    To the best of my information and belief

       (a)    the deceased was/was not of the age of majority at the time the will was made and was/was not married and was/was not a registered domestic partner at that time;

       (b)    the deceased, at the time of death, was married / unmarried / a widower / a widow / separated / divorced / a registered domestic partner; [circle one]

       (c)    the deceased did/did not marry and was/was not a registered domestic partner after the deceased’s will was made;

       (d)    neither name of witness nor name of witness        , the witnesses to the attached will and codicil(s), is a beneficiary or the spouse of a beneficiary named in the will or any codicil(s); [If so, give details.]

       (e)    the deceased was predeceased by [List the names, addresses and dates of death respectively of predeceasing beneficiaries named in the will, predeceasing spouse(s) and predeceasing child(ren).] ;

       (f)     there are/are no marriage contracts, separation agreements or court orders that affect the appointment of the applicant as personal representative of the estate of the deceased; [If there are, give details.]

       (g)    the attached will and codicil(s) is/are the true and original last will and codicil(s) of the deceased;

       (h)    no other application has been made for a grant of probate or administration of this estate; and

       (i)     the fair market value of all the assets of the deceased that the deceased died possessed of or entitled to that pass by a will or wills or that are transferred or will be transferred to a trust under a will or wills, whether or not the trust is described in the will as being separate from the estate, or that pass upon intestacy, is:

                (i)   real property less encumbrances$

                (ii)  personal property (gross value)$

                Total:                                                                                                  $

which includes all insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to the estate of the deceased. [Do not include real property outside Nova Scotia, real property held in joint tenancy or insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to a named beneficiary.]

 

5.    The real property of the deceased is situate at              place in Nova Scotia                      .

 

6.            trust company               , will faithfully administer the property of the deceased by

       (a)    paying the just debts of the deceased, all taxes payable in respect of the estate of the deceased and the legacies contained in the attached will and codicil(s) so far as it or they extend and the law binds it;

       (b)    filing with the court a full and true inventory of all assets of the deceased in Form 29 within 3 months after the date of the grant;

       (c)    disclosing to the court the existence of any asset and any encumbrance on real property the value of which has not been disclosed in the inventory within 30 days of when it learns of it;

       (d)    undertaking to pay the Minister of Finance and Treasury Board the taxes payable under the Probate Act with respect to any asset that passes to       trust company        as the personal representative of the deceased and has not previously been disclosed to the court, upon a determination being made as to the value of that asset;

       (e)    rendering a true account of its executorship whenever required by law to do so; and

       (f)     distributing all the property of the deceased according to law.

 

7.            trust company                             will surrender to this court the grant to be issued to it whenever so required by the court or the registrar.

 

8.    I request that the court issue a grant of probate to the applicant.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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[trust company]



per: _____________________________

Signature of trust officer

Form 8A replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 9 - Application for a Grant of Administration

Form 9

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Application for a Grant of Administration

(S. 33(2))


I,        name in full               , of                      street and postal address               ,        place        , in the County of               county               , Province of        province        ,       postal code        , applicant,

make oath and say:

1.            name of deceased        , late of               place               , in the County/Municipality of        county/municipality        , Province of Nova Scotia,        occupation        , died on or about       month and day       , 20 , at        place        , in the County/Municipality of county/municipality        , Province of        province              , and at the time of death the residence of the deceased was

 

       (a)    at        place        , in the County/Municipality of        county/municipality              , Province of Nova Scotia.

       OR

 

       (b)    outside Nova Scotia and the deceased had, at such time, property in Nova Scotia.

 

       [Choose (a) or ( b) and delete the other.]

 

2.    I have caused a diligent and careful search to be made for a will, any codicil thereto or testamentary paper of the deceased but have been unable to discover any.

 

3.    (a)    I am              relationship of applicant        to the deceased and am therefore entitled to make this application.

[Attach Form 13 renunciation from each person having a prior or equal right to apply.]

OR

       (b)    I am the nominee applicant under subsection 32(4) of the Probate Act and am entitled to make this application.

[Attach Form 15 renunciation/nomination/consent from persons having prior or equal right to apply.]

 

[Choose (a) or (b) and delete the other.]

 

4.    To the best of my information and belief

       (a)    the deceased, at the time of death, was married / unmarried / a widower / a widow / separated / divorced / a registered domestic partner [circle one] , and left the following person(s) who are entitled by law to share in the estate: [List the names, addresses, age, relationship to deceased of each heir.]

       (b)    the deceased was predeceased by the following person (s) who would have been entitled by law to share in the estate: [List the names, addresses and dates of death respectively of each predeceasing heir.]

       (c)    there are/are no marriage contracts, separation agreements or court orders that affect the appointment of the applicant as personal representative of the estate of the deceased; [If there are, give details.]

       (d)    no other application has been made for a grant of probate or administration of this estate; and

       (e)    the fair market value of all the assets of the deceased that the deceased died possessed of or entitled to that pass by a will or wills or that are transferred or will be transferred to a trust under a will or wills, whether or not the trust is described in the will as being separate from the estate, or that pass upon intestacy, is

                (i)   real property less encumbrances$

                (ii)  personal property (gross value)$

                Total:                                                                                                  $

which includes all insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to the estate of the deceased. [Do not include real property outside Nova Scotia, real property held in joint tenancy or insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to a named beneficiary.]

 

5.    The real property of the deceased is situate at               place in Nova Scotia               .

 

6.    I will faithfully administer the property of the deceased by

       (a)    paying the just debts of the deceased and all taxes payable in respect of the estate of the deceased;

       (b)    filing with the court a full and true inventory of all assets of the deceased in Form 29 within 3 months after the date of the grant;

       (c)    disclosing to the court the existence of any asset and any encumbrance on real property the value of which has not been disclosed in the inventory within 30 days of when I learn of it;

       (d)    undertaking to pay the Minister of Finance and Treasury Board the taxes payable under the Probate Act with

respect to any asset that passes to me as the personal representative of the deceased and has not previously been disclosed to the court, upon a determination being made as to the value of that asset;

       (e)    rendering a true account of my administration whenever required by law to do so; and

       (f)     distributing all the property of the deceased according to law.

 

7.    I will surrender to this court the grant to be issued to me whenever so required by the court or the registrar.

 

8.    I request that the court issue a grant of administration to the applicant.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of applicant

[Note: the text and signature areas of this form may be adapted as required where there is more than one applicant.]

Form 9 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 9A - Application for a Grant of Administration (Corporate Applicant)

Form 9A

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Application for a Grant of Administration (Corporate Applicant)

(S. 33(2))


I              trust officer               on behalf of               trust company               , of              street and postal address        ,               place               , in the County of               county               , Province of         province        ,        postal code                      , applicant,


make oath and say:

 

1.    I am authorized to make this application for a grant of administration on behalf of        trust company        under subsection 32(4) of the Probate Act and have attached the applicable renunciations and/or consent(s). [Attach Form 13 renunciation or Form 15 renunciation/nomination/consent from persons having a prior or equal right to apply.]

 

2.           trust company        is authorized to administer estates in Nova Scotia.

 

3.     name of deceased        , late of        place        , in the County/Municipality of      county/municipality , Province of Nova Scotia,        occupation               , died on or about month and day       , 20 , at

place        , in the County/Municipality of county/municipality , Province of        province , and at the time of death the residence of the deceased was

 

       (a)    at        place        , in the County/Municipality of       county/municipality        , Province of Nova Scotia.

       OR

       (b)    outside Nova Scotia and the deceased had, at such time, property in Nova Scotia.

 

       [Choose (a) or (b) and delete the other.]

 

4.    A diligent and careful search has been made for a will, any codicil thereto or testamentary paper of the deceased but none have been discovered.

 

5.    To the best of my information and belief

       (a)    the deceased, at the time of death, was married / unmarried / a widower / a widow / separated / divorced / a registered domestic partner [circle one] , and left the following person(s) who are entitled by law to share in the estate: [List the names, addresses, age, relationship to deceased of each heir.]

       (b)    the deceased was predeceased by the following person(s) who would have been entitled by law to share in the estate: [List the names, addresses and dates of death respectively of each predeceasing heir.]

       (c)    there are/are no marriage contracts, separation agreements or court orders that affect the appointment of the applicant as personal representative of the estate of the deceased; [If there are, give details.]

       (d)    no other application has been made for a grant of probate or administration of this estate; and

       (e)    the fair market value of all the assets of the deceased that the deceased died possessed of or entitled to that pass by a will or wills or that are transferred or will be transferred to a trust under a will or wills, whether or not the trust is described in the will as being separate from the estate, or that pass upon intestacy, is

                (i)   real property less encumbrances$

                (ii)  personal property (gross value)$

                Total:                                                                                                                       $

which includes all insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to the estate of the deceased. [Do not include real property outside Nova Scotia, real property held in joint tenancy or insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to a named beneficiary.]

 

6.    The real property of the deceased is situate at               place in Nova Scotia               .

 

7.           trust company        will faithfully administer the property of the deceased by

       (a)    paying the just debts of the deceased and all taxes payable in respect of the estate of the deceased;

       (b)    filing with the court a full and true inventory of all assets of the deceased in Form 29 within 3 months after the date of the grant;

       (c)    disclosing to the court the existence of any asset and any encumbrance on real property the value of which has not been disclosed in the inventory within 30 days of when it learns of it;

       (d)    undertaking to pay the Minister of Finance and Treasury Board the taxes payable under the Probate Act with respect to any asset that passes to trust company       as the personal representative of the deceased and has not previously been disclosed to the court, upon a determination being made as to the value of that asset;

       (e)    rendering a true account of its administration whenever required by law to do so; and

       (f)     distributing all the property of the deceased according to law.

 

8.     trust company        will surrender to this court the grant to be issued to it whenever so required by the court or the registrar.

 

9.    I request that the court issue a grant of administration to the applicant.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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[trust company]



per: _____________________________

       Signature of trust officer

Form 9A replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.


 

 ________________________________________________________________ 

Form 10 - Application for a Grant of Administration with the Will Annexed

Form 10

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Application for a Grant of Administration with the Will Annexed

(S. 33(3))


I,               name in full               , of               street and postal address               ,        place        , in the County of              county                     , Province of        province        , postal code , applicant,

make oath and say:

1.    The executor named in the attached will or codicil(s) is unable to take out probate because [give explanation]

 

2.    I am              relationship of applicant               to the deceased and am therefore entitled to make this application.

[Attach Form 12, 14 or 15 renunciation/nomination/consent from persons having a prior or equal right to apply.]

 

3.           name of deceased              late of        place        , in the County/Municipality of county/municipality        , Province of Nova Scotia,               occupation               , died on or about month and day       , 20 , at        place        , in the County/Municipality of        county/municipality        , Province of        province        , and at the time of death the residence of the deceased was

 

       (a)    at        place        , in the County/Municipality of        county/municipality         , Province of Nova Scotia.

       OR

 

       (b)    outside Nova Scotia and the deceased had, at such time, property in Nova Scotia.

 

       [Choose (a) or (b) and delete the other.]

4.    To the best of my information and belief:

       (a)    the deceased was/was not of the age of majority at the time the will was made and was/was not married and was/was not a registered domestic partner at that time;

       (b)    the deceased, at the time of death, was married / unmarried / a widower / a widow / separated / divorced / a registered domestic partner; [circle one]

       (c)    the deceased did/did not marry and was/was not a registered domestic partner after the deceased’s will was made;

       (d)    neither name of witness nor        name of witness        , the witnesses to the attached will and codicil(s), is a beneficiary or the spouse of a beneficiary named in the will or any codicil(s); [If so, give details.]

       (e)    the deceased was predeceased by [List the names, addresses and dates of death respectively of predeceasing beneficiaries named in the will, predeceasing spouse(s) and predeceasing child(ren).] ;

       (f)     the deceased died leaving the following heirs: [List the names and addresses of heirs.] ;

       (g)    there are/are no marriage contracts, separation agreements or court orders that affect the appointment of the applicant as personal representative of the estate of the deceased; [If there are, give details.]

       (h)    the attached will and codicil(s) is/are the true and original last will and codicil(s) of the deceased;

       (i)     no other application has been made for a grant of probate or administration of this estate; and

       (j)     the fair market value of all the assets of the deceased that the deceased died possessed of or entitled to that pass by a will or wills or that are transferred or will be transferred to a trust under a will or wills, whether or not the trust is described in the will as being separate from the estate, or that pass upon intestacy, is:

                (i)   real property less encumbrances$

                (ii)  personal property (gross value)$

                Total:                                                                                                                       $

which includes all insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to the estate of the deceased. [Do not include real property outside Nova Scotia, real property held in joint tenancy or insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to a named beneficiary.]

 

5.    The real property of the deceased is situate at              place in Nova Scotia               .

 

6.    I will faithfully administer the property of the deceased by

       (a)    paying the just debts of the deceased, all taxes payable in respect of the estate of the deceased and the legacies contained in the attached will and codicil(s) so far as it or they extend and the law binds me;

       (b)    filing with the court a full and true inventory of all assets of the deceased in Form 29 within 3 months after the date of the grant;

       (c)    disclosing to the court the existence of any asset and any encumbrance on real property, the value of which has not been disclosed in the inventory, within 30 days of when I learn of it;

       (d)    undertaking to pay the Minister of Finance and Treasury Board the taxes payable under the Probate Act with respect to any asset that passes to me as the personal representative of the deceased and has not previously been disclosed to the court, upon a determination being made as to the value of that asset;

       (e)    rendering a true account of my administration whenever required by law to do so; and

       (f)     distributing all the property of the deceased according to law.

 

7.    I will surrender to this court the grant to be issued to me whenever so required by the court or the registrar.

 

8.    I request that the court issue a grant of administration with the will annexed to the applicant.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of applicant


[Note: the text and signature areas of this form may be adapted as required where there is more than one applicant.]

Form 10 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 10A - Application for a Grant of Administration with the Will

Annexed (Corporate Applicant)

Form 10A

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Application for a Grant of Administration with the Will Annexed

(Corporate Applicant)

(S. 33(3))


I,                     trust officer               on behalf of               trust company        of        street and postal address              ,               place               , in the County of               county               , Province of       province         ,        postal code        , applicant,


make oath and say:

 

1.    I am authorized to make this application for a grant of administration with the will annexed on behalf of        trust company              under subsection 32(4) of the Probate Act and have attached the applicable renunciations and/or consent(s).

       [Attach Form 12, 14 or 15 renunciation/nomination/consent from persons having a prior or equal right to apply.]

 

2.            trust company                             is authorized to administer estates in Nova Scotia.

 

3.    The executor(s) named in the attached will or codicil(s) is/are unable to take out probate because:                      [give explanation]                                    .

 

4.           name of deceased               late of        place              , in the County/Municipality of        county/municipality        , Province of Nova Scotia,        occupation        , died on or about month and day       , 20 , at        place               , in the County/Municipality of        county/municipality         , Province of        province        , and at the time of death the residence of the deceased was

 

       (a)    at              place               , in the County/Municipality of        county/municipality        , Province of Nova Scotia.

       OR

 

       (b)    outside Nova Scotia and the deceased had, at such time, property in Nova Scotia.

 

       [Choose (a) or (b) and delete the other.]

 

5.    To the best of my information and belief

       (a)    the deceased was/was not of the age of majority at the time the will was made and was/was not married and was/was not a registered domestic partner at that time;

       (b)    the deceased, at the time of death, was married / unmarried / a widower / a widow / separated / divorced / a registered domestic partner; [circle one]

       (c)    the deceased did/did not marry and was/was not a registered domestic partner after the deceased’s will was made;

       (d)    neither name of witness        nor        name of witness        , the witnesses to the attached will and codicil(s), is a beneficiary or the spouse of a beneficiary named in the will or any codicil(s); [If so, give details.]

       (e)    the deceased was predeceased by [List the names, addresses and dates of death respectively of predeceasing beneficiaries named in the will, predeceasing spouse(s) and predeceasing child(ren).] ;

       (f)     the deceased died leaving the following heirs: [List the names and addresses of heirs.] ;

       (g)    there are/are no marriage contracts, separation agreements or court orders that affect the appointment of the applicant as personal representative of the estate of the deceased; [If there are, give details.]

       (h)    the attached will and codicil(s) is/are the true and original last will and codicil(s) of the deceased;

       (i)     no other application has been made for a grant of probate or administration of this estate; and

       (j)     the fair market value of all the assets of the deceased that the deceased died possessed of or entitled to that pass by a will or wills or that are transferred or will be transferred to a trust under a will or wills, whether or not the trust is described in the will as being separate from the estate, or that pass upon intestacy, is

                (i)   real property less encumbrances$

                (ii)  personal property (gross value)$

                Total:                                                                                                                       $

which includes all insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to the estate of the deceased. [Do not include real property outside Nova Scotia, real property held in joint tenancy or insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to a named beneficiary.]

 

6.    The real property of the deceased is situate at               place in Nova Scotia                      .

 

7.            trust company               will faithfully administer the property of the deceased by

       (a)    paying the just debts of the deceased, all taxes payable in respect of the estate of the deceased and the legacies contained in the attached will and codicil(s) so far as it or they extend and the law binds it;

       (b)    filing with the court a full and true inventory of all assets of the deceased in Form 29 within 3 months after the date of the grant;

       (c)    disclosing to the court the existence of any asset and any encumbrance on real property, the value of which has not been disclosed in the inventory, within 30 days of when it learns of it;

       (d)    undertaking to pay the Minister of Finance and Treasury Board the taxes payable under the Probate Act with respect to any asset that passes to trust company       as the personal representative of the deceased and has not previously been disclosed to the court, upon a determination being made as to the value of that asset;

       (e)    rendering a true account of its administration whenever required by law to do so; and

       (f)     distributing all the property of the deceased according to law.

 

8.            trust company               will surrender to this court the grant to be issued to it whenever so required by the court or the registrar.

 

9.    I request that the court issue a grant of administration with the will annexed to the applicant.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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)

)

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[trust company]



per: _____________________________

       Signature of trust officer

Form 10A replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 11 - Application for Extra-Provincial Grant of Probate

Form 11

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Application for Extra-Provincial Grant of Probate

(S. 33(4))


I,               name in full                                          , of              street and postal address, place, province/state, country              , applicant,


make oath and say:

 

1.     name of deceased        , late of        place, province/state, country        ,        occupation                      , died on or about month and day , 20 , at               place, province/state, country        and at the time of death the residence of the deceased was outside Nova Scotia and the deceased had, at such time, property in Nova Scotia.

 

2.    The deceased died testate leaving a will and codicil(s) in which the applicant was named as executor.

 

3.    A grant of probate [or as the case may be] , was granted in the estate of the deceased on month and day, 20 , by the        name of court               , being the court having jurisdiction in testamentary matters in        province/country        , where the deceased was resident at the date of death, and the applicant is the executor named in it.

[If otherwise give details.]

 

4.    The grant is still in full force and effect and the applicant has not been discharged by the court.

 

5.    To the best of my information and belief

       (a)    the deceased was/was not of the age of majority at the time the will was made and was/was not married and was/was not a registered domestic partner at that time;

       (b)    the deceased, at the time of death, was married / unmarried / a widower / a widow / separated / divorced / a registered domestic partner; [circle one]

       (c)     the deceased did/did not marry and was/was not a registered domestic partner after the deceased’s will was made;

       (d)    neither name of witness        nor        name of witness               , the witnesses to the attached will and any codicil(s), is a beneficiary or the spouse of a beneficiary named in the will or any codicil(s); [If so, give details.]

       (e)    the deceased was predeceased by [List the names, addresses and dates of death respectively of predeceasing beneficiaries named in the will, predeceasing spouse(s) and predeceasing child(ren).] ;

       (f)     there are/are no marriage contracts, separation agreements or court orders that affect the appointment of the applicant as personal representative of the estate of the deceased; [If there are, give details.]

       (g)    the attached will and codicil(s) is/are copies of the original last will and codicil(s) certified by the court that issued the grant of probate [or as the case may be] ;

       (h)    no other application has been made for a grant for this estate in Nova Scotia;

       (i)     the fair market value of all the assets of the deceased in Nova Scotia that the deceased died possessed of or entitled to, that pass by a will or wills or that are transferred or will be transferred to a trust under a will or wills, whether or not the trust is described in the will as being separate from the estate, or that pass upon intestacy and for which an extra-provincial grant is applied for is

                (i)   real property less encumbrances$

                (ii)  personal property (gross value)$

                Total:                                                                                                                       $

which includes all insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to the estate of the deceased. [Do not include real property outside Nova Scotia, real property held in joint tenancy or insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to a named beneficiary.]

 

6.    The real property of the deceased is situate at               place in Nova Scotia              .

 

7.    I will faithfully administer the property of the deceased by

       (a)    paying the just debts of the deceased and all taxes payable in respect of the estate of the deceased and the legacies contained in the attached will and codicil(s) so far as it or they extend and the law binds me;

       (b)    filing with the court a full and true inventory of all assets of the deceased in the Province in Form 29 within 3 months after the date of the grant;

       (c)    disclosing to the court the existence of any asset and any encumbrance on real property the value of which has not been disclosed in the inventory within 30 days of when I learn of it;

       (d)    undertaking to pay the Minister of Finance and Treasury Board the taxes payable under the Probate Act with respect to any other asset that passes to me as the personal representative of the deceased and has not previously been disclosed to the court, upon a determination being made as to the value of that asset;

       (e)    rendering a true account of my executorship whenever required by law to do so; and

       (f)     distributing all the property of the deceased according to law.

 

8.    I will surrender to this court the grant to be issued to me whenever so required by the court or the registrar.

 

9.    I request that the court issue an extra-provincial grant of probate to the applicant.


Sworn before me at ________________,

        [county, province/state, country]

on ______________, 20___


______________________________

[Title]

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______________________________

Signature of applicant


[Note: the text and signature areas of this form may be adapted as required where there is more than one applicant.]

Form 11 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 11A - Application for Extra-Provincial Grant of Administration

Form 11A

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                  , Deceased


Application for Extra-Provincial Grant of Administration

(S. 33(4))


I,              name in full                                    , of               street and postal address, place, province/state, country               , applicant,


make oath and say:

 

1.     name of deceased        , late of               place, province/state, country              ,        occupation         , died on or about month and day , 20 , at              place, province/state, country        and at the time of death the residence of the deceased was outside Nova Scotia and the deceased had, at such time, property in Nova Scotia.

 

2.    The deceased died intestate.

 

3.    A grant of administration [or as the case may be] , was granted in the estate of the deceased on month and day , 20 , by the                      name of court                      , being the court having jurisdiction in testamentary matters in        province/country       , where the deceased was resident at the date of death, and the applicant is the administrator named in it.

[If otherwise give details.]

 

4.    The grant is still in full force and effect and the applicant has not been discharged by the court.

 

5.    I have caused a diligent and careful search to be made for a will, any codicil thereto or testamentary paper of the deceased but have been unable to discover any.

 

6.    To the best of my information and belief

       (a)    the deceased, at the time of death, was married / unmarried / a widower / a widow / separated / divorced / a registered domestic partner; [circle one]

       (b)    the deceased left the following person(s) who are entitled by law to share in the estate: [List the name, address, age and relationship to deceased of each heir.] ;

       (c)    the deceased was predeceased by the following person(s) who would have been entitled by law to share in the estate: [List the name, address and date of death of each predeceased heir.] ;

       (d)    there are/are no marriage contracts, separation agreements or court orders that affect the appointment of the applicant as personal representative of the estate of the deceased; [If there are, give details.]

       (e)    no other application has been made for a grant for this estate in Nova Scotia;

       (f)     the fair market value of all the assets of the deceased in Nova Scotia that the deceased died possessed of or entitled to, that pass by a will or wills or that are transferred or will be transferred to a trust under a will or wills, whether or not the trust is described in the will as being separate from the estate, or that pass upon intestacy and for which an extra-provincial grant is applied for is

                (i)   real property less encumbrances$

                (ii)  personal property (gross value)$

                Total:                                                                                                                       $

which includes all insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to the estate of the deceased. [Do not include real property outside Nova Scotia, real property held in joint tenancy or insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to a named beneficiary.]

 

7.    The real property of the deceased is situate at               place in Nova Scotia              .

 

8.    I will faithfully administer the estate of the deceased by

       (a)    paying the just debts of the deceased and all taxes payable in respect of the estate of the deceased;

       (b)    filing with the court a full and true inventory of all assets of the deceased in the Province in Form 29 within 3 months after the date of the grant;

       (c)    disclosing to the court the existence of any asset and any encumbrance on real property the value of which has not been disclosed in the inventory within 30 days of when I learn of it;

       (d)    undertaking to pay the Minister of Finance and Treasury Board the taxes payable under the Probate Act with respect to any other asset that passes to me as the personal representative of the deceased and has not previously been disclosed to the court, upon a determination being made as to the value of that asset;

       (e)    rendering a true account of my administration whenever required by law to do so; and

       (f)     distributing all the property of the deceased according to law.

 

9.    I will surrender to this court the grant to be issued to me whenever so required by the court or the registrar.

 

10.  I request that the court issue an extra-provincial grant of administration to the applicant.


Sworn before me at ________________,

        [county, province/state, country]

on ______________, 20___


______________________________

[Title]

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______________________________

Signature of applicant


[Note: the text and signature areas of this form may be adapted as required where there is more than one applicant.]

Form 11A replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 11B - Application for Extra-Provincial Grant of Administration

with the Will Annexed

Form 11B

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Application for Extra-Provincial Grant of Administration

with the Will Annexed

(S. 33(4))

I,        name in full               , of               street and postal address, place, province/state, country        , applicant,

make oath and say:

1.           name of deceased               , late of        place, province/state, country        ,        occupation           , died on or about       month and day       , 20 , at               place, province/state, country        and at the time of death the residence of the deceased was outside Nova Scotia and the deceased had, at such time,

property in Nova Scotia.

2.    The deceased died leaving a will and codicil(s) in which no executor was named or in

which the named executor has renounced or has since died.

3.    A grant of administration with the will annexed [or as the case may be] , was granted in the estate of the deceased on        month and day       , 20 , by the              name of court         , being the court having jurisdiction in testamentary matters in       province/country        , where the deceased was resident at the date of death, and the applicant is the administrator named in it. [If

otherwise give details.]

4.    The grant is still in full force and effect and the applicant has not been discharged by the

court.

5.    To the best of my information and belief

       (a)    the deceased was/was not of the age of majority at the time the will was made and was/was not married and was/was not a registered domestic partner at that time;

       (b)    the deceased, at the time of death, was married / unmarried / a widower / a widow / separated / divorced / a registered domestic partner; [circle one]

       (c)     the deceased did/did not marry and was/was not a registered domestic partner after the deceased’s will was made;

       (d)    neither        name of witness        nor        name of witness        , the witnesses to the attached will and any codicil(s), is a beneficiary or the spouse of a beneficiary named in the will or any codicil(s); [If so, give details.]

       (e)    the deceased was predeceased by [List the names, addresses and dates of death respectively of predeceasing beneficiaries named in the will, predeceasing spouse(s) and predeceasing child(ren).] ;

       (f)     there are/are no marriage contracts, separation agreements or court orders that affect the appointment of the applicant as personal representative of the estate of the deceased; [If there are, give details.]

       (g)    the attached will and codicil(s) is/are copies of the original last will and codicil(s) certified by the court that issued the grant of administration with the will annexed [or as the case may be] ;

       (h)    no other application has been made for a grant for this estate in Nova Scotia;

       (i)     the fair market value of all the assets of the deceased in Nova Scotia that the deceased died possessed of or entitled to that pass by a will or wills or that are transferred or will be transferred to a trust under a will or wills, whether or not the trust is described in the will as being separate from the estate, or that pass upon intestacy and for which an extra-provincial grant is applied for is

                (i)   real property less encumbrances$

                (ii)  personal property (gross value)$

                Total:                                               $

which includes all insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to the estate of the deceased. [Do not include real property outside Nova Scotia, real property held in joint tenancy or insurance, RRSPs, RRIFs, pensions, superannuation and annuities payable to a named beneficiary.]

 

6.    The real property of the deceased is situate at               place in Nova Scotia              .

 

7.    I will faithfully administer the property of the deceased by

       (a)    paying the just debts of the deceased, all taxes payable in respect of the estate of the deceased and the legacies contained in the attached will and codicil(s) so far as it or they extend and the law binds me;

       (b)    filing with the court a full and true inventory of all assets of the deceased in the Province in Form 29 within 3 months after the date of the grant;

       (c)    disclosing to the court the existence of any asset and any encumbrance on real property the value of which has not been disclosed in the inventory within 30 days of when I learn of it;

       (d)    undertaking to pay the Minister of Finance and Treasury Board the taxes payable under the Probate Act with respect to any other asset that passes to me as the personal representative of the deceased and has not previously been disclosed to the court, upon a determination being made as to the value of that asset;

       (e)    rendering a true account of my administration whenever required by law to do so; and

       (f)     distributing all the property of the deceased according to law.

 

8.    I will surrender to this court the grant to be issued to me whenever so required by the court or the registrar.

 

9.    I request that the court issue an extra-provincial grant of administration with the will annexed to the applicant.


Sworn before me at ________________,

[county, province/state, country]

on ______________, 20___


______________________________

[Title]

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)

)

)

)

)

)





______________________________

Signature of applicant

[Note: the text and signature areas of this form may be adapted as required where there is more than one applicant.]

Form 11B replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 12 - Renunciation (Probate)

Form 12

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Renunciation (Probate)

(S. 34(1))

 

1.    The deceased,               name of deceased               , made a will or codicil in which I am named an executor of the deceased.

 

2.    I am entitled to apply for a grant of probate of the deceased’s estate.

 

3.    I have not intermeddled in the deceased’s estate.

 

4.    I renounce my right to a grant of probate of the deceased’s estate without prejudice to any right to inherit from the estate.



Signed at               place                      ,        province        , on        month and day        , 20        .

 

 

Signature of witness                                          Signature of person renouncing

[name and address of witness - please print]     [name and address of person - please print]


 

 ________________________________________________________________ 

Form 13 - Renunciation (Administration)

Form 13

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Renunciation (Administration)

(S. 34(3))

 

1.    The deceased ,        name of deceased               , died intestate.

 

2.    I am entitled to apply for a grant of administration under the Probate Act because I am the deceased’s              relationship to deceased               .

 

3.    I have not intermeddled in the deceased’s estate.

 

4.    I renounce my right to a grant of administration of the deceased’s estate without prejudice to any right to inherit from the estate.



Signed at              place               ,               province                      , on        month and day        , 20       .




 

 

Signature of witness                                          Signature of person renouncing

[name and address of witness - please print]     [name and address of person - please print]


 

 ________________________________________________________________ 

Form 14 - Renunciation (Administration with the Will Annexed)

Form 14

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Renunciation (Administration with the Will Annexed)

(S. 34(3))

 

1.    The deceased,       name of deceased , made a will or codicil in which name of executor is named as an executor of the deceased.

 

2.           name of executor has

       (a)    renounced their right to the grant of probate of the deceased’s will,

       (b)    died,

       (c)    [other, give details].

       [Delete inapplicable options.]

 

3.    I am entitled to apply for a grant of administration with the will annexed under the Probate Act because I am the deceased’s               relationship to deceased               .

 

4.    I have not intermeddled in the deceased’s estate.

 

5.    I renounce my right to a grant of administration with the will annexed of the deceased’s estate without prejudice to any right to inherit from the estate.


Signed at              place               ,        province              , on        month and day        , 20 .




 

 

Signature of witness                                          Signature of person renouncing

[name and address of witness - please print]     [name and address of person - please print]

 

 ________________________________________________________________ 

Form 15 - Renunciation, Nomination and Consent to Appointment of

Personal Representative (Administration)

Form 15

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                         , Deceased


Renunciation, Nomination and Consent to Appointment

of Personal Representative (Administration)

(S. 35(1))

 

1.    The deceased,        name of deceased                             , died intestate.

 

2.    I am entitled to apply for a grant of administration under the Probate Act because I am the deceased’s                      relationship to deceased                            .

 

3.    I have not intermeddled in the deceased’s estate.

 

4.    I renounce my right to a grant of administration of the deceased’s estate without prejudice to any right to inherit from the estate.

 

5.    I nominate        name of nominee              as administrator of the estate of the deceased.


Signed at              place               ,        province        , on        month and day        , 20       .




 

 

Signature of witness                                          Signature of person renouncing/nominating

[name and address of witness - please print]     [name and address of person - please print]



I consent to the nomination of        name of nominee              as administrator of the estate of the deceased.


 

 

Public Trustee

 

 ________________________________________________________________ 

Form 16 - Renunciation, Nomination and Consent to Appointment of

Personal Representative (Administration with the Will Annexed)

Form 16

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                  , Deceased


Renunciation, Nomination and Consent to Appointment of

Personal Representative (Administration with the Will Annexed)

(S. 35(1))

 

1.    The deceased, name of deceased , made a will or codicil in which       name of executor(s)     , the executor(s), is/are unable to take out probate because: [give explanation]

 

2.    I am entitled to apply for a grant of administration with the will annexed under the Probate Act because I am the deceased’s              relationship to deceased               .

 

3.    I have not intermeddled in the deceased’s estate.

 

4.    I renounce my right to a grant of administration with the will annexed of the deceased’s estate without prejudice to any right to inherit from the estate.

 

5.    I nominate        name of nominee        as administrator of the estate of the deceased.


Signed at        place               ,        province        , on        month and day        , 20 .



 

 

Signature of witness                                          Signature of person renouncing/nominating

[name and address of witness - please print]     [name and address of person - please print]



I consent to the nomination of        name of nominee              as administrator of the estate of the deceased.


 

 

Public Trustee

 

 ________________________________________________________________ 

Form 17 - Notice of Rejection

Form 17

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Notice of Rejection

(S. 40)

 

Date: _______________  Registrar/Deputy Registrar _________________


Your application is returned for the following corrections:

( )  Not our probate district, correct probate district is ________________.

( )  15-30 day survivorship clause specified in will - grant will be issued after such period.

( )  Indicate by covering letter the number of certified copies of the grant and certificates of status required.


Application for grant (Form _________)

( )  Complete address with postal code and phone number of applicant required.

( )  Application incomplete - the following is missing ______________________.

( )  Status/right of applicant to apply incorrect/incomplete; must clear off other executors, alternate executors or other persons having prior or equal right to apply (e.g. predeceased, renounced, sole, residuary beneficiaries, etc.).

( )  Documents enclosed are wrong/incomplete (e.g. codicils; renunciations; originals not enclosed).

( )  Signature of applicant missing.

( )  Date/place of death of deceased or residence of deceased missing.

( )  Name of deceased must correspond with that shown in will/codicil/extra-provincial grant - use “aka” or “referred to in the will/codicil as .........”.

( )  Complete addresses required for all interested parties who benefit under an intestacy.

( )  Provide names of all predeceased children and indicate if they left any surviving children. (Note: identify surviving children and give complete addresses.)

( )  Indicate any minor children on an intestacy.

( )  Indicate any missing persons.

( )  Indicate any incompetent persons.

( )  Name all predeceased siblings, identify their surviving children, give complete names and addresses and indicate if any are minors, where an intestacy applies.

( )  Provide any memorandum or other document referred to in paragraph no. ___ of will/codicil.

( )  Name of applicant does not correspond with that shown in will/codicil/extra-provincial grant - use “aka” or “referred to in the will/codicil/ extra-provincial grant as .........”.

( )  Other:


Affidavit of witness (Form _________)

( )  Affidavit of witness/missing/not sworn.

( )  Change wording to “codicil”.

( )  Explain any interlineations, alterations, obliterations in will/codicil - indicate whether these were made before due execution of will/codicil.

( )  Date of will/codicil incorrect.

( )  Name of attending witness # ______ missing.

( )  Notarial seal missing.

( )  Signature missing.

( )  Signature of barrister/notary public/registrar/deputy registrar missing.

( )  Affidavit not sworn before a barrister, notary public, registrar, deputy registrar.


Renunciations/nominations (Form _________)

( )  Renunciations from _______________________ missing.

( )  Form incorrect, should use Form ________.

( )  Nomination from __________________ missing.

( )  Consent from Public Trustee missing.

( )  Renunciation from Public Trustee missing.


Security requirement (Form _________)

( )  Need security/consent to dispense with security.

( )  Need affidavit of justification.

( )  Affidavit of justification is incomplete; require _______________________.

( )  Bond is incorrect; signature of ____________________ missing.

( )  Amount of bond incorrect.

( )  Other:


Notice of grant (Form _________)

( )  Residue not wholly disposed of in will: Intestate Succession Act, please notify heirs on intestacy.

( )  Notice was not sent to the following: _______________________________.

( )  Notice to ________________________ is missing.

( )  Other:


Affidavit of service of notice (Form _________)

( )  Affidavit of service missing.

( )  Beneficiaries (names) not served.

( )  For each beneficiary served, name and address of service, date and method service and name of document served, must be clearly stated in the affidavit.

( )  Attach notices to beneficiaries and mark same as exhibits to the affidavit.

( )  Need affidavit regarding missing or unascertained beneficiaries.


Inventory (Form _________)

( )  Mark “Nil” or an amount in each section.

( )  Calculation error: (Explanation: ____________.)

( )  Include Nova Scotia land only.

( )  Give value of assets as at date of death.

( )  Require detailed description of property under each heading (e.g. shares, GIC, term deposit, CSB, bank account numbers and location, civic address of land).

( )  Document incomplete; signature of _______________ missing.

( )  Affidavit not taken.

( )  Other:


Notice of objection (Form _________)

( )  Incomplete.

( )  Other:

Note: an affidavit must be re-sworn if changes have been made to it.

 

 ________________________________________________________________ 

Form 18 - Security - Bond or Policy of Guarantee of Guarantee Company

Form 18

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                  , Deceased


Security - Bond or Policy of Guarantee of Guarantee Company

(S. 42(1)(a))


The principal in this security is                     name of personal representative                             .


The surety in this security is        name of guarantee company        , a corporation authorized to act as a surety in the Province of Nova Scotia.


The obligee in this security is the registrar of the probate court for the probate district of        name of district        , Province of Nova Scotia, acting for the benefit of creditors and persons entitled to share in the estate of the deceased.


The principal and the surety are jointly and severally bound to the registrar of the probate court for the probate district of        name of district        , Province of Nova Scotia, in the amount of $        , to be paid to the registrar for which payment we bind ourselves and each of us, our heirs, executors, administrators and assigns.


The duties of the principal are

(a)   to make and file with the court a full and true inventory of the property of the deceased that has, or may, come into the knowledge and/or possession of the principal;

(b)   to administer all such property according to law;

(c)   to pay the debts of the deceased;

(d)   when lawfully required, to render a proper and full account of the administration of the estate; and

(e)   to distribute to the persons entitled, all property remaining after payment of the debts of the deceased and the costs of administration of the estate.


The primary obligation under this security belongs to the principal. The principal is liable under this security for any amount found by the court to be owing to any creditors of the estate and persons entitled to share in the estate to whom proper payment has not been made.


The surety, provided it has been given reasonable notice of any proceeding in which an order or decision may be made against the principal for failure to perform the obligations of this security shall, on order of the court, and on default of the principal to pay any final amount made against the principal in the proceeding, pay to the registrar the amount of any deficiency in the payment by the principal, but the surety shall not be liable to pay more than the amount of the security.


Signed at               place               , Nova Scotia, on        month and day               , 20       .


 

 

Signature of witness                                         Signature of principal


Signed and sealed at        place               , Nova Scotia, on        month and day               , 20 .

 

[guaranty company]

 

 

____________________________                  per: _______________________________

[Signature of witness]                  [Signature of authorized representative]



[Note: the text and signature areas of this form may be adapted as required where there is more than one principal.]

 

 ________________________________________________________________ 

Form 19 - Security - Personal Bond and Affidavit of Justification

Form 19

Probate District:

Probate Court File No:







IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                                  , Deceased


Security–Personal Bond and Affidavit of Justification

(S. 42(1)(b))


The principal in this security is                     name of personal representative                     .


The surety in this security is                      name of surety                             .


The obligee in this security is the registrar of the Probate Court for the Probate District of        name of district        , Province of Nova Scotia acting for the benefit of creditors and persons entitled to share in the estate of the deceased.


The principal and the surety are jointly and severally bound to the registrar of the Probate Court for the Probate District of        name of district               , Province of Nova Scotia, in the amount of $               , to be paid to the registrar, for which payment we bind ourselves and each of us, our heirs, executors, administrators and assigns.


The duties of the principal are

(a)   to make and file with the court a full and true inventory of the property of the deceased that has or may come into the knowledge and/or possession of the principal;

(b)   to administer all such property according to law;

(c)   to pay the debts of the deceased;

(d)   when lawfully required, to render a proper and full account of the administration of the estate; and

(e)   to distribute to the persons entitled, all property remaining after payment of the debts of the deceased and the costs of administration of the estate.


The primary obligation under this security belongs to the principal. The principal is liable under this security for any amount found by the court to be owing to any creditors of the estate and persons entitled to share in the estate to whom proper payment has not been made.


The surety, provided they have been given reasonable notice of any proceeding in which an order or decision may be made against the principal for failure to perform the obligations of this security shall, on order of the court and on default of the principal to pay any final amount made against the principal in the proceeding, pay to the registrar the amount of any deficiency in the payment by the principal, but the surety shall not be liable to pay more than the amount of the security.


Signed at               place               , Nova Scotia, on        month and day               , 20 .

 

Signature of witness                                         Signature of principal


Signed at              place               , Nova Scotia, on        month and day        , 20 .

 

Signature of witness                                         Signature of surety


Affidavit of Justification


I        name of surety               , of                     full address                     ,        occupation               ,


make oath and say:

 

1.    I am the proposed surety on behalf of the principal in this security of the property of        name of deceased        , deceased, named in this security, for the faithful administration of the property of the deceased.

 

2.    My residence and occupation are correctly stated above and I have property of a value equal to the amount of $               over and above all encumbrances and over and above what will pay my just debts and every sum for which I am now bail, or for which I am liable as surety or endorser or otherwise.

 

3.    I am of the age of majority.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

)

)

)

)

)

)

)

)

)

)






_______________________________

Signature of surety

 

Notes:         This form of security may be adapted for use by an administrator with will annexed or a non-resident executor or administrator.

The text and signature areas of this form may be adapted as required where there is more than one principal or surety.

Form 19 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 20 - Grant of Probate

Form 20

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                 , Deceased


Grant of Probate

(S. 42(1))

This court grants probate of the attached will (and codicil(s)) and administration of the estate of        name of deceased        , late of               place of residence              in the Probate District of name of district , who died on        month and day        , year , to        name and address of personal representative               , who has sworn to faithfully administer the estate by paying the just debts of the deceased and the legacies contained in the will (and codicil(s)) and paying the lawful expenses and distributing the residue (if any) according to law.


[Indicate any limitation.]


The personal representative shall file a full and true inventory of the assets of the deceased within 3 months after the date of this grant, and shall render a just and true account of the executorship when required by law to do so.


Issued on        month and day        , 20       .

 

 

Registrar of Probate


[The text of this form may be adapted as required where there is more than one personal representative.]

Form 20 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.



 ________________________________________________________________ 

Form 21 - Grant of Administration

Form 21

Probate District:

Probate Court File No:





IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Grant of Administration

(S. 33(2))


This court grants administration of the estate of        name of deceased              , late of               place of residence        , in the Probate District of name of probate district       , who died on       month and day        , 20 , to        name and address of personal representative               who has sworn to faithfully administer the estate by paying the just debts of the deceased and paying the lawful expenses and distributing the residue (if any) according to law.


[Indicate any limitation.]


The personal representative shall file a full and true inventory of the assets of the deceased, within 3 months after the date of this grant, and shall render a just and true account of their administration when required by law to do so.


Issued on        month and day        , 20        .

 


                                                    Registrar of Probate


[The text of this form may be adapted as required where there is more than one personal representative.]

 

 ________________________________________________________________ 

Form 22 - Grant of Administration with the Will Annexed

Form 22

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                          , Deceased


Grant of Administration with the Will Annexed

(S. 43(3))


This Court grants administration of the attached will (and codicil(s)) of the estate of              name of deceased               , late of        place of residence               , in the Probate District of name of probate district , who died on        month and day        , 20       , to               name and address of personal representative               , who has sworn to faithfully administer the estate by paying the just debts of the deceased and the legacies contained in the will (and codicil(s)) and paying the lawful expenses and distributing the residue (if any) according to law.


[Indicate any limitation.]


The personal representative shall file a full and true inventory of the assets of the deceased within 3 months after the date of this grant, and shall render a just and true account of their administration when required by law to do so.


Issued on        month and day               , 20        .

 


                                                    Registrar of Probate


[The text of this form may be adapted as required where there is more than one personal representative.]

 

 ________________________________________________________________ 

Form 23 - Extra-Provincial Grant of Probate

Form 23

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Extra-Provincial Grant of Probate

(S. 43(4))


This Court grants probate of the will (and codicil(s)), a certified copy of which is attached and marked as Exhibit “A”, and administration of the estate located within the Province of Nova Scotia, of        name of deceased , late of        place of residence        , in        province or country        who died on        month and day        , 20 , to        name and address of personal representative               , the personal representative of the deceased’s estate.


The exhibit attached and marked as Exhibit “B” is a certified copy of the grant of       type of grant issued by the        name of foreign court        on       month and day       , 20       , being the court having jurisdiction in testamentary matters in        province or country        , where the deceased was resident at the date of death, to        name of personal representative        , the personal representative of the estate, and that grant is now in full force and effect.


The personal representative has sworn to faithfully administer the estate in the Province by paying the just debts of the deceased and the legacies contained in the will (and codicil(s)) and paying the lawful expenses and distributing the residue (if any) according to law.


The personal representative shall within 3 months after the date of this grant file a full and true inventory of the assets of the deceased located in the Province, and shall render a just and true account of their executorship when required by law to do so.


Issued on        month and day        , 20       .


 

____________________________

Registrar of Probate


[The text of this form may be adapted as required where there is more than one personal representative.]

Form 23 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 23A - Extra-Provincial Grant of Administration

Form 23A

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                 , Deceased


Extra-Provincial Grant of Administration

(S. 43(4))


This court grants administration of the estate located within the Province of Nova Scotia, of        name of deceased       , late of        place of residence        , in province or country        , who died on month and day , 20 , to        name and address of personal representative        , the personal representative of the deceased’s estate.


The exhibit attached and marked Exhibit “A” is a certified copy of the grant        type of grant        issued by the        name of foreign court               on       month and day       , 20 , being the court having jurisdiction in testamentary matters in       province or country       , where the deceased was resident at the date of death, to        name of personal representative        , the personal representative of the estate, and that grant is now in full force and effect .


The personal representative has sworn to faithfully administer the estate within the Province by paying the just debts of the deceased and paying the lawful expenses and distributing the residue (if any) according to law.


The personal representative shall within 3 months after the date of this grant file a full and true inventory of the assets of the deceased that are in the Province, and shall render a just and true account of their administration when required by law to do so.


Issued on        month and day        , 20 .


 

 

Registrar of Probate


[The text of this form may be adapted as required where there is more than one personal representative.]

Form 23A replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 23B - Extra-Provincial Grant of Administration with the Will Annexed

Form 23B

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Extra-Provincial Grant of Administration with the Will Annexed

(S. 43(4))


This court grants administration of the will (and codicil(s)), a certified copy of which is attached and marked as Exhibit “A”, and administration of the estate located within the Province of Nova Scotia, of        name of deceased        , late of        place of residence        , in province or country who died on       month and day       , 20 , to               name and address of personal representative , the personal representative of the deceased’s estate.


The exhibit attached and marked as Exhibit “B” is a certified copy of the grant type of grant        issued by        name of foreign court              on       month and day       , 20 , being the court having jurisdiction in testamentary matters in       province or country        , where the deceased was resident at the date of death, to        name of personal representative        , the personal representative of the estate, and that grant is now in full force and effect.


The personal representative has sworn to faithfully administer the estate in the Province by paying the just debts of the deceased and the legacies contained in the will (and codicil(s)) and paying the lawful expenses and distributing the residue (if any) according to law.


The personal representative shall within 3 months after the date of this grant file a full and true inventory of the assets of the deceased that are in the Province, and shall render a just and true account of their administration when required by law to do so.


Issued on        month and day               , 20        .

 

 

Registrar of Probate


[The text of this form may be adapted as required where there is more than one personal representative.]

Form 23B replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 24 - Notice to Beneficiaries (Residuary)

Form 24

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Notice to Beneficiaries (Residuary)

(S. 44(1)(a))

 

TO: Name:                                                       

       Complete address:                                    


You are named as a residuary beneficiary in the last will* of        name of the deceased        .


Probate of the will was granted on               date of grant                     .


The personal representative of the estate will collect the estate property, pay the debts, and complete the administration of the estate and do anything else required of them.


You can contact        name of personal representative       at               address               ,        phone number     , for any further information you may need.

 

 

Signature of personal representative                                                                   Date

or lawyer for personal representative


Name:

Complete address:

Telephone:

Fax:

E-mail:


* Enclosed with this notice is a copy of the will.


[The text and signature area of this form may be adapted as required where there is more than one personal representative.]

Form 24 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 25 - Notice to Beneficiaries (Non-Residuary)

Form 25

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                          , Deceased


Notice to Beneficiaries (Non-Residuary)

(S. 44(1)(b))

 

TO: Name:                                                                                                          

       Complete address:                                                                                       


You are named as a beneficiary in the last will* of              name of deceased               .


The will gives you                            description                                           .


Probate of the will was granted on                     date of grant                            .



The personal representative of the estate will collect the estate property, pay the debts, and complete the administration of the estate and do anything else required of them.


You can contact       name of personal representative        at               address              ,        phone number        , for any further information you may need.

 

 

Signature of personal representative or                  Date

lawyer for personal representative

Name:

Complete address:

Telephone:

Fax:

E-mail:

* Enclosed with this notice is a copy of the relevant portion of the will.

[The text and signature area of this form may be adapted as required where there is more than one personal representative.]

Form 25 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 26 - Notice to Heirs (Intestacy)

Form 26

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Notice to Heirs (Intestacy)

(S. 44(1)(c))

TO: Name:                                                                                                          

       Complete address:                                                                                       


              name of deceased        died without leaving a will. In this circumstance, the provisions of the Intestate Succession Act determine which relatives of the deceased inherit the estate. You may be one of these relatives, and you may be entitled to inherit under this estate.


Administration of the estate was granted on        date of grant                      .


The personal representative of the estate will collect the estate property, pay the debts, and complete the administration of the estate and do anything else required of them.


You can contact        name of personal representative        at               address              , phone number , for any further information you may need.

 

 

Signature of personal representative or                                                               Date

lawyer for personal representative


Name:

Complete address:

Telephone:

Fax:

E-mail:

[The text and signature area of this form may be adapted as required where there is more than one personal representative.]

Form 26 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 27 - Notice to Persons Who May Have Statutory Rights

Form 27

Probate District:

Probate Court File No:







IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Notice to Persons Who May Have Statutory Rights

(S. 44(1)(d))

TO: Name:                                                             

       Complete address:                                          


You may be entitled to share in the distribution of the estate of        name of deceased        under the Matrimonial Property Act, Testators’ Family Maintenance Act and/or Vital Statistics Act.


A grant of        type of grant              was issued on        date of grant               , 20       .       

Enclosed with this notice is a copy of the grant.


If you want to take this further, you should consult a lawyer immediately. You must make your application within 6 months from the date the court issued the grant. Please sign and return this form to the undersigned to show that you have received this notice.

 

 

Signature of personal representative or                  Date

lawyer for personal representative


Name:

Complete address:

Telephone:

Fax:

E-mail:


I acknowledge receipt of this notice and of a copy of the grant in this estate.

 

 

Signature of addressee                                           Date

[Name of addressee and complete address–please print]


[The text of this form may be adapted as required where there is more than one personal representative.]

Form 27 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 28 - Affidavit of Service - Notice of Grant

Form 28

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                  , Deceased


Affidavit of Service–Notice of Grant

(S. 44(2))

I,              name of personal representative               , of        street and postal address, place, province/state, country        ,

make oath and say:

1.    I am the personal representative for the estate of        name of deceased        .

               As personal representative(s), I/we waive service of the notice of the grant.

 

2.    I have served on each of the following, who are the persons who have or may have an interest in this estate, a notice of grant, copies of which are attached as Exhibit “A” to this

my affidavit.

Notice Form #NameAddressDate served

[Attach a separate sheet of paper if necessary.]

 

3.    I have been unable to serve the following persons:

       Notice Form #            Name                          Address                                Reason not served

[Attach a separate sheet of paper if necessary.]

 

4.    To the best of my knowledge, the persons named in paragraph(s) 2 and/or 3 are the

persons who have or may have an interest in this estate.

 

5.    I undertake to advise the court as soon as I have ascertained or found the persons listed in paragraph 3 or any additional persons who have or may have an interest in this estate and to provide the court with copies of the notices served on those interested persons.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of personal representative

[The text and signature area of this form may be adapted as required where there is more than one personal representative.]

Form 28 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 29 - Inventory

Form 29

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                 , Deceased


Inventory

(S. 45)

Note: attach a schedule for any type of property for which there is insufficient space.


Part I:     Real Property in Nova Scotia (includes mortgage interests, and vendors’ and purchasers’ interests in agreements of purchase and sale, and the complete address of the real property)

Less:        [list mortgage(s), balance owing and name(s) of mortgagee(s)]

 

Less:        [list encumbrances and balance owing]

Value at Death

Total of real property value

$

Part II:   Personal Property (all assets except real property)

Value at Death

Bank accounts, cash on hand

       1.      Bank:

Branch:

Savings account:

Accrued interest:

Principal:

Chequing account:

       2.      Cash on hand:

       3.      Uncashed cheques (with particulars):

Subtotal value bank accounts, cash on hand:

$

Life insurance payable to the estate

Company:

Subtotal value life insurance:

$

Bonds and debentures

Number:

Coupons due or accrued interest:

Subtotal value bonds and debentures:

$

Stocks and shares

Company:

Number of shares:

Subtotal value stocks and shares:

$

Annuities, pensions, superannuation, RRSPs, RRIFs payable to the estate

Description:

Subtotal value annuities, pensions, superannuation, RRSPs,

RRIFs:

$

Household goods, personal effects, vehicles, boats

Description:

Subtotal value household goods, personal effects, vehicles, boats:

$

Business interests

Description:

Subtotal value business interests:

$

Miscellaneous property not before mentioned

Description:

Subtotal value miscellaneous property:

$

Total personal property value

$

Total value of estate

$


Affidavit

I,        name of personal representative        , the personal representative of this estate make oath and say:

 

1.    The inventory of this estate is to the best of my knowledge, information and belief, a true statement of all

the assets of the deceased at the date of death, and shows the fair market value of those assets.

2.    I shall file a further inventory with the court within 30 days after any additional real or personal property comes into my possession or knowledge or where any valuation in this inventory appears to me to have

been made in error.

3.    The value of the deceased’s estate for the purpose of subsection 87(1) of the Probate Act and Section 41

of the Probate Court Practice, Procedure and Forms Regulations

       (a)    is unchanged from the date of the grant.

       (b)    has changed to $_______ but no adjustment is required to the probate tax payable on the estate.

       (c)    has changed to $________ and a payment of probate tax in the amount of $__________ shall be made to reflect this change.

       (d)    has changed to $________ and a refund of probate tax in the amount of $__________ is hereby applied for to reflect this change.


[Note: choose the applicable option in paragraph 3 and delete the others.]


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of personal representative

[The text and signature area of this form may be adapted as required where there is more than one personal representative.]

Form 29 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 30 - Notice re Filing Inventory

Form 30

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Notice re Filing Inventory

(S. 46(1))

 

TO:          the personal representative                                                                                       

name

 

address


This is to notify you that you have not filed an inventory of the assets of the deceased within the time set out in subsection 57(1) of the Probate Act.


The court requires that you file the inventory within 30 days after receipt of this notice.


Failure to comply with this notice may result in the court ordering you to file the inventory.


If you fail to file an inventory after an order is made by the court, a person may make an application under clause 61(1)(a) of the Probate Act to have you removed as the personal representative of this estate.

 

 

Date                                                       Registrar of Probate


[The text of this form may be adapted as required where there is more than one personal representative.]

 

 ________________________________________________________________ 

Form 31 - Request for Advertisement

Form 31

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                          , Deceased


Request for Advertisement

(S. 47)

 

To:  The Royal Gazette Part I

Office of the Royal Gazette

       Department of Justice 

PO Box 7

Halifax, Nova Scotia B3J 2L6


Please advertise the estate information noted below in the Royal Gazette Part I for a period of 6 months. A cheque in the amount of $               is enclosed. [Note: Fees for advertising are set out in the Royal Gazette Part I Fees Regulations under the Communications and Information Act.]

 

1.    Name of deceased:

 

2.    Place of residence of deceased at date of death:

 

3.    Name of personal representative [Note whether executor or administrator.] :

Address:

 

4.    Name of lawyer representing estate:

 

Address:

 

5.    Date of grant of probate/administration:


 

NOTE:    All persons having legal demands against this estate must file a notice of claim in Form 32 within 6 months from the date of the first advertisement.

 

All persons indebted to the estate must make immediate payment to the personal representative noted.


[The text of this form may be adapted as required where there is more than one personal representative.]

Form 31 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 32 - Notice of Claim

Form 32

Probate District:

Probate Court File No:







IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Notice of Claim

(S. 48(1))

 

To:           Probate Court

[address]


The applicant makes the following claim(s) against the estate:

 

1.    Amount of claim(s): $                             .

 

2.    Nature of claim(s):                                                                                     .

 

3.    Grounds upon which claim(s) is/are based:


4. Relief sought:


A copy of this notice of claim shall be served on the personal representative of this estate within the advertising period prescribed by subsection 63(1) of the Act.

 

______________________________                    ________________________

Signature of applicant/claimant or                         Date

lawyer for applicant/claimant


Name:

Complete address:

Telephone:

Fax:

E-mail:

[The text and signature area of this form may be adapted as required where there is more than one applicant/claimant.]

Form 32 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 33 - Notice of Contested Claim

Form 33

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Notice of Contested Claim

(S. 48(3))

 

To:           [name of claimant]

                [address]   

 

1.    You have made a claim against this estate.

 

2.    The personal representative of the estate contests all or part of your claim against the estate and will not pay it unless ordered to do so by the court. [give details if only part of claim is contested]

 

3.    You may have the claim dealt with

       (a)    on the passing of the accounts of the personal representative under Part III of the Probate Court Practice, Procedure and Forms Regulations; or

       (b)    by filing a notice of application and affidavit under Part IV of the Probate Court Practice, Procedure and Forms Regulations, in Forms 45 and 46.


 

 

Personal representative or                                      Date

lawyer for personal representative

 

Name:

Complete address:

Telephone:

Fax:

E-mail:


[The text and signature areas of this form may be adapted as required where there is more than one claimant or personal representative.]

 

 ________________________________________________________________ 

Form 34 - Affidavit - Insolvent Estate

Form 34

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                  , Deceased


Affidavit - Insolvent Estate

(S. 51(1))

I,        name of personal representative        , of        place        , in the County of        county        , Province

of        province               , applicant,

make oath and say:

1.    I am the personal representative of this estate and request an Order declaring the estate insolvent and setting a date for the settlement and distribution of the estate.

 

2.    A grant of type of grant was issued to the personal representative on date of grant .

 

3.    The estate has been advertised in the Royal Gazette pursuant to subsection 63(1) of the Act and Section 47 of the Probate Court Practice, Procedure and Forms Regulations and a true copy of the first insertion of the advertisement, published on page page # of volume volume # , issue issue # on        month and day        , 20       , is attached as Exhibit “A”.

 

4.    Attached as Exhibit “B” is a list of debts of the deceased, which sets out debts that have been paid by the personal representative, and those which remain unpaid.

 

5.    Attached as Exhibit “C” are true copies of all invoices received from the creditors listed in Exhibit “B”.

 

6.    The estimated costs associated with the settlement and distribution of this estate are $                       , made up of               [give particulars]        .

 

7.    To the best of my information and belief, the total amount of the debts listed in Exhibit “B” exceeds the value of the property of this estate.


Sworn before me at ________________,

in the Country of ___________________,

Province of                                    , on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of personal representative


[The text and signature areas of this form may be adapted as required where there is more than one personal representative.]

 

 ________________________________________________________________ 

Form 35 - Order - Insolvent Estate

Form 35

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Order - Insolvent Estate

(S. 51(3))


UPON READING the affidavit dated        month and day        , 20 , for a declaration that the estate of        name of deceased        , is insolvent;


AND IT APPEARING that the assets of this estate are insufficient to pay all claims of all creditors of the estate;


IT IS ORDERED pursuant to Section 83 of the Probate Act, that this estate is insolvent;


IT IS ORDERED that the date for settlement and distribution of this insolvent estate be        month and day        , 20 , at        time        a.m/p.m. at the Court of Probate at         address                      , Probate District of       name of district       , Province of Nova Scotia, and that the settlement and distribution be made in accordance with the provisions of the Probate Act; 


IT IS ORDERED that the personal representative of this estate serve this Order on each person who has an interest in this estate, in accordance with subsection 51(4) of the Probate Court Practice, Procedure and Forms Regulations.

 

 

Date                                                       Registrar of Probate


[The text of this form may be adapted as required where there is more than one personal representative.]

 

 ________________________________________________________________ 

Form 36 - Release

Form 36

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Release

(S. 52(2))

 

1.    I am name of beneficiary        , of        place of residence        , in the County of        county       , Province of        province        .

 

2.    I have received a satisfactory accounting of and full payment and satisfaction of all sums of money and benefits accrued to me from the personal representative of this estate.

 

3.    I release name of personal representative        , the personal representative of this estate and their heirs, successors, personal representatives, and assigns from all claims and demands by me against the property of the estate, and against the personal representative for their administration and management and distribution of the estate.

 

 

Signature of beneficiary                                         Date


                                                      

Signature of witness

[name of witness - please print]



[The text of this form may be adapted as required where there is more than one personal representative.]


 

 ________________________________________________________________ 

Form 36A - Release Regarding Specific Gift


Form 36A

Probate District:

Probate Court File No:






IN THE SUPREME COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                                                       , Deceased


Release regarding specific gift

(S. 52(2))

 

1.    I am       name of beneficiary        , of        place of residence        , in the County of        county        , Province of        province              .

 

2.    I have received              type of request               , from the personal representative of this estate.

 

3.    I release               name of personal representative                      , the personal representative of this estate and their heirs, successors, personal representatives, and assigns from all claims and demands by me against the property of the estate, and against the personal representative for their administration and management and distribution of the estate.


 

______________________________   ______________________________

Signature of beneficiary                        Date


______________________________

Signature of witness

[name of witness; please print]

[The text of this form may be adapted as required where there is more than one personal representative.]

Form 36A added: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 37 - Personal Representative’s Affidavit - Accounting Not Required

Form 37

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


Personal Representative’s Affidavit–

Accounting Not Required

(S. 54)

I,        name of personal representative               , personal representative of this estate       

make oath and say:

1.    Each of the following persons is an unpaid beneficiary under the will of        name of deceased                       , is 19 years of age or older, is mentally competent and has signed a consent in Form 38 indicating their agreement that an accounting to the court of the administration of this estate is not required, which consents are attached as follows:

 

       Name: 

       Name: 

       Name: 

 

2.    All required releases in Forms 36 and 36A are attached.

 

3.    There are no persons other than those named in the paragraph above who are entitled to share in the distribution of this estate.

 

4.    The notice of grant has been served, the inventory has been filed, the estate has been advertised in the Royal Gazette for a period of 6 months, a copy of which is attached to this affidavit, and all claims known to me have been paid or otherwise dealt with and all debts and expenses are paid, in accordance with the Probate Court Practice, Procedure and Forms Regulations.

 

5.    I have distributed/will distribute the residue of this estate in accordance with the law.

 

Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of personal representative

 

[The text and signature areas of this form may be adapted as required where there is more than one personal representative.]

Form 37 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 38 - Consent - Accounting Not Required

Form 38

Probate District:

Probate Court File No:

 

 

 

 

 

IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                    , Deceased

 

Consent - Accounting not Required

(S. 54)

 

1.    I am        name of interested person               , of        place of residence        , in the County of        county        , Province of        province               .

 

2.    I am a mentally competent adult beneficiary of this estate and I have not been paid.

 

OR

 

2.    I am a surety in this estate.

[Choose one and delete the other.]

                                                                    

3.    I agree that an accounting to the court of the administration of this estate is not required pursuant to the Probate Act and Probate Court Practice, Procedure and Forms Regulations.

 

 

 

Signature of [beneficiary/surety]                           Date

 

                                                      

Signature of witness

[name of witness - please print]

 

 

 ________________________________________________________________ 

Form 39 - Application to Pass Accounts by a Hearing

Form 39

Probate District:

Probate Court File No:

 

 

 

 

IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                             , Deceased

 

Application to Pass Accounts by a Hearing

(S. 55(1)(a))

 

I,       name of applicant        , am a        personal representative of this estate/person interested in this estate        .

The applicant requests an order [check the appropriate box(es) below]

      deeming service of all documents on all parties sufficient

      passing the accounts of the estate for the period                      to

      setting the commission for the personal representative on settlement of the estate

      taxing a solicitor’s bill of costs

      directing distribution of the estate

      directing the release of any security or cancellation of any bond

      directing payment to the trustee, guardian, court appointed guardian, attorney appointed

under the Powers of Attorney Act or the Public Trustee if appointed, for a person under a disability, missing person or unascertained person

      declaring the estate insolvent

      discharging the personal representative

      providing for any other matter that may be required

The applicant has filed with this application [check the appropriate box(es) below]

      accounts

      signed releases

      statement of commission sought

      solicitor’s bill of costs, to be taxed

The applicant will file an affidavit of the personal representative in Form 43 not less than 10 days before the date set for passing the accounts. [Delete if not applicable.]

 

 

Signature of applicant or lawyer for applicant       Date

 

Name:

Complete address:

Telephone:

Fax:

E-mail:

 

[The text of this form may be adapted as required where there is more than one applicant.]


Notice:   This application for the court to pass accounts will be heard by the Registrar of Probate for the Probate District of name of probate district and address of court

Date:

Place:

Time:


Please read the application and attached documents carefully so that you understand what the application is about.


If you consent or do not oppose the application, you may:

 

(a)   check the last box on the notice of objection (Form 42) and return it to the personal representative; or

 

(b)   do nothing further.


If you intend to contest any part of the application, you must

 

(a)   complete and file the notice of objection with the court not less than 10 days before the date set for passing the accounts;

 

(b)   serve a copy of the completed notice of objection on the personal representative of the estate or on the lawyer for the personal representative at the address given on the application form; and

 

(c)   come to the hearing on the date set out in the box above and tell the registrar what you object to and why.


If you oppose any part of the application but you do not file and serve the notice of objection

 

(a)   you will be taken to have consented to the administration of the estate by the personal representative as recorded in the accounts and other documents filed with the application;

 

(b)   you may only make representations at the hearing with the permission of the court; and

 

(c)   the passing of the accounts by the court will take place even if you are not allowed to make representations to the court or do not appear, and you will be bound by the order of the court.


In any event, the court will make an order and a copy of the order will be available to you at the Court of Probate.

Form 39 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 40 - Application to Pass Accounts Without a Hearing

Form 40

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Application to Pass Accounts Without a Hearing

(S. 55(1)(a))


I,        name of applicant        , am the personal representative of this estate.

The applicant requests an order: [check the appropriate box(es) below]

 

      deeming service of all documents on all parties sufficient

      passing the accounts of the estate for the period                      to

      setting the commission for the personal representative on settlement of the estate

      taxing a solicitor’s bill of costs

      directing distribution of the estate

      directing the release of any security or cancellation of any bond

      directing payment to the trustee, guardian, court appointed guardian, attorney appointed

under the Powers of Attorney Act or the Public Trustee if appointed, for a person under a disability, missing person or unascertained person

      declaring the estate insolvent

      discharging the personal representative

      providing for any other matter that may be required

The applicant has filed with this application

      accounts

      signed releases

      statement of commission sought

      solicitor’s bill of costs, to be taxed

The applicant will file an affidavit of the personal representative in Form 43 not less than 10 days before the date set for passing the accounts.

 

 

Signature of personal representative                      Date

or lawyer for personal representative 


Name:

Complete address:

Telephone:

Fax:

E-mail:

 

[The text of this form may be adapted as required where there is more than one personal representative.]


Notice:   This application for the court to pass accounts will be reviewed by the Registrar of Probate for the Probate District of name of probate district and address of court

 

Date:

Place:

Time:


Please read the application and attached documents carefully so that you understand what the application is about.


If you consent or do not oppose the application, you may:

 

(a)   check the last box on the notice of objection (Form 42) and return it to the personal representative; or

 

(b)   do nothing further.


If you intend to contest any part of the application, you must

 

(a)   complete and file the notice of objection with the court not less than 10 days before the date set for passing the accounts;

 

(b)   serve a copy of the completed notice of objection on the personal representative of the estate or on the lawyer for the personal representative at the address given on the application form; and

 

(c)   come to the hearing on the date set out in the box above and tell the registrar what you object to and why.


If you oppose any part of the application but you do not file and serve the notice of objection

 

(a)   you will be taken to have consented to the administration of the estate by the personal representative as recorded in the accounts and other documents filed with the application;

 

(b)   you may only make representations at the hearing with the permission of the court; and

 

(c)   the passing of the accounts by the court will take place even if you are not allowed to make representations to the court or do not appear, and you will be bound by the order of the court.


In any event, the court will make an order and a copy of the order will be available to you at the Court of Probate.

Form 40 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 41 - Order on Passing Accounts

Form 41

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                             , Deceased


Order on Passing Accounts

(S. 55(1)(d))



UPON READING the application of        name of personal representative/person interested in estate        , and the

affidavit and the accounts filed;


AND UPON FINDING


The assets and liabilities of the deceased at the time of death are correctly described in the accounts.


The receipts and disbursements including the amount distributed to each beneficiary, are correctly described in the accounts.


The debts of the deceased that have been allowed are correctly described in the accounts and have been paid in full.


The lawyer’s bill of costs has been taxed and allowed.


[Here report on any matter of special interest or importance as to the accounts of the personal representative, or any other matter that may be of assistance to the Registrar.]



IT IS ORDERED that the accounts are passed as a full and final accounting and the personal representative is hereby discharged.


IT IS ORDERED that the name of surety(ies)        is/are hereby released as a surety/sureties .

[Delete if inapplicable.]


IT IS ORDERED that the sum of $        is allowed as commission to the personal representative.


IT IS ORDERED pursuant to Section 83 of the Probate Act that this estate is insolvent.


IT IS ORDERED that the personal representative dispose of and distribute the sum of $        in accordance with the law.



Issued on        month and day              , 20       .

 

 

Registrar of Probate


[The text of this form may be adapted as required where there is more than one personal representative.]

Form 41 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 42 - Notice of Objection to Accounts

Form 42

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                   , Deceased


Notice of Objection to Accounts

(S. 55(3)(c))

 

TO:          Probate Court

Personal representative


 I,               name                      ,

 

      object to the accounts of the personal representative on the following grounds:

[Set out each objection in separate numbered paragraphs. Attach a separate sheet if necessary.]

 

      object to the amount of commission claimed by the personal representative on

the following grounds: [Set out each objection in separate numbered paragraphs. Attach a separate sheet if necessary.]

 

      object to the solicitor’s bill of costs on the following grounds:

[Set out each objection in separate numbered paragraphs. Attach a separate sheet if necessary.]

 

      have another objection: [Set each objection out in a separate numbered paragraph. Attach a separate sheet if necessary.]

 

      have no objection to the accounts of the personal representative of this estate.



 

_________________________________              ________________________

Signature of person giving notice or                      Date

lawyer for person giving notice


Name:

Complete address:

Telephone:

Fax:

E-mail:


[The text of this form may be adapted as required where there is more than one personal representative or person giving notice.]

 

 ________________________________________________________________ 

Form 43 - Affidavit of Personal Representative - Passing Accounts

Form 43

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                    , Deceased


Affidavit of Personal Representative or Proctor–Passing Accounts

(S. 55(4))


I                     name of personal representative or proctor               , of                            address                      , the personal representative or proctor of the estate

make oath and say:

1.    The accounts on file with the court are a true and accurate statement of the administration of this estate. [If otherwise, explain.]

2.    I have served a copy of the Application (Form 39 or 40), the accounts, and the Notice of Objection (Form 42), on each person interested in the estate under Part III of the Probate

Court Practice, Procedure and Forms Regulations.

3.    Each of the following persons interested in the estate has signed a release, all of which are

attached as follows:

Name:

Name:

4.    A release has been served on but has not been received from each of the following persons

interested in the estate:

Name:

Name:

5.    No Notice of Objection has been received by the personal representative or proctor.

OR

Notice(s) of Objection has/have been received from:

Name:

[Choose one option and delete the other.]

6.    Notice of the grant was sent to each person interested in the estate in accordance with Section 43 of the Probate Act and subsection 44(1) of the Probate Court Practice, Procedure and Forms Regulations and Form 28 is on file with the court.

 

7.    The estate was advertised in the manner prescribed by subsection 63(1) of the Probate Act and Section 47 of the Probate Court Practice, Procedure and Forms Regulations, for a period of 6 months beginning        date              .

 

8.    All the debts of the deceased of which I have knowledge have been paid except for debts owing to the following claimants and creditors, which remain unpaid:

 

       Name                                                              Amount Claimed

 

[Set out reasons why claim(s) not paid.]

 

9.    No distribution of the deceased’s property has been made except as is reflected in the accounts filed with the court.

 

10.  Upon approval by the court of the accounts, the personal representative or proctor undertakes to distribute the estate property as set out in the statement of distribution.


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of personal representative or proctor


[The text and signature areas of this form may be adapted as required where there is more than one personal representative or proctor.]

Form 43 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 44 - Notice of Taxation - Bill of Costs

Form 44

Probate District:

Probate Court File No:







IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


Notice of Taxation–Bill of Costs

(S. 61(2))

 

To:           personal representative/persons interested in estate

This is to notify you that the bill of costs of        name of lawyer               in connection with this estate has been set down for taxation before the registrar on        month and day        , 20      , at        time        at               location of taxation               .


You are entitled to receive this notice at least 30 days before the date of the taxation.


If you want to take part in this taxation, you or your lawyer must come to court on the date and time set out in this notice.


If you do not attend either in person or as represented by your lawyer, the taxation will proceed in your absence.


Enclosed is a copy of each of the bills of costs to be taxed.

 

 

Signature of lawyer                                                Date

Name:

Complete address:

Telephone:

Fax:

E-mail:


If you consent to the bill(s) of costs, please sign this form and return it to the lawyer

Form 44 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 45 - Notice of Application

Form 45

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                    , Deceased


[title of proceeding]

Notice of Application

(S. 64(3)(a))


The applicant        name and show their interest in the estate        has applied to the       registrar or judge of the Probate Court of Nova Scotia, at the Probate District of        name of district        ,               street address                     , Nova Scotia for        name the type of application/order sought        to be heard on        day       ,        month and day       , year       , at        time        a.m/p.m.


The affidavit of        name of applicant        in Form 46, a copy of which is attached to this Notice of Application, is filed in support of this application. Other materials may be filed and will be delivered to you or your lawyer before the hearing.


NOTICE:

If you contest any part of the application you must complete and file a notice of objection in Form 47 with the court, and then serve the notice of objection on the applicant and the personal representative.


If you do not file and serve a notice of objection you will not be entitled to any notice of further proceedings and you may only make representations at the hearing with the permission of the registrar or judge.


If you do not come to the hearing in person or as represented by your lawyer, the court may give the applicant what they want in your absence. You will be bound by any order the court makes.


Therefore, if you contest any part of this application, you or your lawyer must file and serve a notice of objection in Form 47 and come to the hearing.


 

 

Signature of applicant/lawyer for applicant           Date


Name:

Complete address:

Telephone:

Fax:

E-mail:


Note:     If there are persons interested in the estate who are missing or unascertainable, the Applicant must serve the Public Trustee with this notice.

Form 45 replaced: O.I.C. 2010-175, N.S. Reg. 63/2010.

 

 ________________________________________________________________ 

Form 46 - Affidavit

Form 46

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                             , Deceased


[title of proceeding]

Affidavit

(S. 64(3)(b))


I,                     name of person                     , of                             address                                    ,


make oath and say:

 

1.    I am a person interested in this estate because I am       [state nature of applicant’s interest in the estate]        .

 

2.    The following is a list of the other persons interested in this estate as defined in subsection 63(1) of the Probate Court Practice, Procedure and Forms Regulations:

[List names of persons interested.]

 

3.    The facts on which this application is based are:

       [State the facts required to establish the remedy sought. Attach a separate sheet if necessary. Attach documents by exhibit.]


Sworn before me at ________________,

in the Country of ___________________,

Province of Nova Scotia, on ______________, 20___


______________________________

A Barrister of the Supreme Court of Nova Scotia, Commissioner of Oaths in and for the Province of Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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_______________________________

Signature of deponent


 

 ________________________________________________________________ 

Form 47 - Notice of Objection to Application

Form 47

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA

 

IN THE ESTATE OF                                           , Deceased


[title of proceeding]

Notice of Objection to Application

(S. 66(1))


I,              name               , object to the application of        name of applicant        for       [state type of application/order sought]        on the following grounds:



[Set out each objection in a separate numbered paragraph. Attach a separate sheet if necessary. Attach documents by exhibit.]


 

 

Signature of person giving notice or                      Date

lawyer for person giving notice


Name:

Complete address:

Telephone:

Fax:

E-mail:


 

 ________________________________________________________________ 

Form 48 - Order to Produce Will

Form 48

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


[title of proceeding]

Order to Produce a Will

(S. 68(5))

 

To:   Name:                                                        

            Complete address:                                      


It is alleged by        name of person                             , of                     address               , in the Province of Nova Scotia, that a will signed by                     name of deceased                                           ,

late of        place of residence              , County of        county        in the Province of Nova Scotia, who died on or about        month and day        , 2        , is in your possession.


YOU ARE ORDERED to deliver to the registrar of this court, in the Probate District of        name of probate district        , Province of Nova Scotia, and there leave any will signed by      name of deceased       that is now in your possession, power or control, within number              days after service of this order upon you.


In the event of no such document being now in your possession, power and control, you are ordered within the same time, to file with the court an affidavit to that effect, setting out what knowledge, if any, you may have respecting any will signed by name of deceased   .

 

 

Date                                                       Registrar of Probate

[address of Probate Court]

 

 ________________________________________________________________ 

Form 49 - Order to Bring in Grant Where Revocation is Sought

Form 49

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                    , Deceased


[title of proceeding]

Order to Bring in Grant Where Revocation is Sought

(S. 70(4))

 

To:           Name:                                                                                                

                Complete address:                                                                              


An application has been commenced for the revocation of a grant of        type of grant         ,

which was issued on        month and day        , 20 , to              name of personal representative               ,        address of personal representative               , as personal representative of this estate.


YOU ARE ORDERED to deliver to the registrar of this court, in the Probate District of        name of district        , Province of Nova Scotia, the grant referred to above, within        number of days days after the service of this order upon you.

 

 

Date                                                       Registrar of Probate

[address of Probate Court]

 

 ________________________________________________________________ 

Form 50 - Notice of Appeal from Registrar to Judge

Form 50

Probate District:

Probate Court File No:






IN THE COURT OF PROBATE FOR NOVA SCOTIA


IN THE ESTATE OF                                           , Deceased


[title of proceeding]

Notice of Appeal from Registrar to Judge

(S. 75(2))

 

TO:          Registrar of Probate

other respondents



TAKE NOTICE that the Appellant appeals from the order/decision of       name of registrar      , Registrar of Probate, Probate District of       name of district        , dated        month and day      , 20 , on the grounds of: [set out the grounds of appeal]



AND the Appellant requests that the order/decision appealed from be reversed, varied, rescinded as follows: [set out details]


 

 

Signature of appellant                            Date

or lawyer for appellant


Name:

Complete address:

Telephone:

Fax:

E-mail: