Copies of documenta and accounts,

Redress against

Official Administrator,

Effect of grant to Official

Administrator.

Application for grants. Jer. 1925. e. 49,

Number of personal repTC- sentatives.

1925, c. 49, u. 160.

8

21. (1) The Official Administrator shall give to any person who applies for the same copies of all documents and accounts in his possession relating to any estate under his administration or to any property which he receives or of which he takes possession under this Ordinance, on payment of the prescribed fees.

(2) If any such copy is refused, the applicant may petition the court in a summary way for an order on the Official Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Administrator, if the court so directs.

22. No action shall be brought against the Official Administrator for anything done bona fide by him in the execution or the intended execution of any power vested in him by this Ordinance or for anything done by him in the exercise of his office as administrator under any grant of letters of administration made to him under this Ordinance, but any person who feels aggrieved thereby may apply for redress to the court by summary petition, verified upon oath, and the court may thereupon take such evidence and may make such order in relation to the matter as it thinks fit

23. A grant of administration to the Official Administrator, whether the name of the officer holding the appointment at the time of the grant is or is not mentioned therein, shall be deemed to have been made to him and his successors in office.

PART III

GRANTING AND REVOCATION OF PROBATES, ETC.

24. (1) An application for the grant or revocation of probate or letters of administration shall be made through the Registry.

(2) No application under subsection (1) shall be submitted in the form of a petition.

25. (1) Probate or administration shall not be granted to more than four persons in respect of the same property, and administration shall, if there is a minority or if a life interest arises under the will or intestacy, be granted either to a trust corporation, with or without an individual, or to not less than two individuals:

Provided that the court in granting administration may act on such prima facie evidence, furnished by the applicant or any other person, as to whether or not there is a minority or life interest, in accordance with probate rules and orders.

(2) If there is only one personal representative (not being a trust corporation) then, during the minority of a beneficiary or the subsistence of a life interest and until the estate is fully administered, the court may, on the application of any person interested or of the guardian, committee or receiver of any such person, appoint one or more personal representatives in addition to the original personal representative in accordance with probate rules and orders.

(3) This section applies to grants of representation made after the commencement of this Ordinance whether the testator or intestate died before or after such commencement.

26. (1) The court may→

Grant of rep- resentation

to a trust.

(a) where a trust corporation is named in a will as executor.

whether alone or jointly with another person, grant corporation. probate to the corporation either solely or jointly with another person, as the case may require; and

(6) grant administration to a trust corporation either solely

or jointly with another person,

and the corporation may act accordingly as executor or admin- istrator, as the case may be.

(2) Probate or administration shall not be granted to a syndic or nominee on behalf of a trust corporation.

(3) Any officer authorized for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation, swear affidavits, give security and do any other act or thing which the court may require with a view to the grant to the corporation of probate or administration, and the acts of an officer so authorized shall be binding on the corporation.

(4) This section shall apply whether the testator or intestate died before or after the commencement of this Ordinance.

27. (1) Where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the others or other to prove, all the powers which are by law conferred on the personal representative may be exercised by the proving executor or executors for the time being and shall be as effectual as if all the persons named as executors had concurred therein

(2) This section applies whether the testator died before or after the commencement of this Ordinance.

1925, c. 49, IL ISI.

Right of praving executors to exercise powers. 1925, 4, 23, 1. 1.

Share This Page