The Probate Court Act

Abstract

This article addresses the history and development of Probate Court legislation in the province of New Brunswick. In the first part of the article the author discusses British and colonial antecedents of the Probate Court Act, S.N.B. 1980 c.P-17. 1, and the scope of the new act. In doing so, he considers such questions as: what is the scope of jurisdiction of the court, what are the effects on common form business and contentious business, and what modifications have taken place with respect to accounting, inventory, bonds, payment of debts, ancillary letters and resealing. The author concludes by assessing perceived merits and shortcomings of the act.