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Part II .

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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 (effective October 1, 2001), N.S. Reg. 119/2001

amended to O.I.C. 2026-138 (effective April 14, 2026), N.S. Reg. 97/2026

Table of Contents

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

Click here to go to the text 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

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 Proving Execution of a 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 Administrationwith 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 WillAnnexed (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 Administrationwith 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 ofPersonal 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;

(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

(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

(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

(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 affidavit exhibiting 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

(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

(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

(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

(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

(1) This

Section applies to proof of execution of wills other than holograph wills.

(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.

(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.

(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.

(8) [repealed]

(9) If a registrar, deputy registrar, commissioner of oaths, notary public or barrister of the

Supreme Court is not available to take an affidavit in Form 2, 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.

(11) An affidavit in Form 2 or another affidavit made under this

Section in support of an

application for a grant of probate or administration with the will annexed must have

the original will or codicil attached and marked as an exhibit to the affidavit.

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.

(3A) An affidavit in Form 2A must have the original holograph will attached and marked

as an exhibit to the affidavit.

(4) If a registrar, deputy registrar, commissioner of oaths, 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.

respecting the will shall provide an affidavit in Form 3 verifying the translation of

the applicant for a grant respecting the will shall provide an affidavit in Form 3

document referred to in subsection (2) together with the original will or document

must be attached to the application for a grant respecting the will and marked as

exhibits to the affidavit in Form 3.

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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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;

(

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.

(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.

(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

(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

(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

(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

(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 exhibited in the following applicable proof of execution of the

will:

(

i) for a will other than a holograph will, an affidavit proving execution of a

will or codicil 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;

(

b) proof of death satisfactory to the registrar;

(c) [repealed]

(

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 exhibited in the following applicable proof of execution of the

will:

(

i) for a will other than a holograph will, an affidavit proving execution of a

will or codicil 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;

(

b) proof of death satisfactory to the registrar;

(c) [repealed]

(

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

(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.

(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

(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

(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

(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:

(

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.

Inventory

(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.

(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

(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.

(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.

(4) A creditor, claimant or personal representative whose claim against an estate is

contested may have the claim dealt with

(

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

(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.

(2) [repealed]

(3) [repealed]

(4) [repealed]

(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

(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.

(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

(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.

Application for accounting by personal representative

(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

(

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.

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

proctor.

(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

(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.

Accounts

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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;

(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

(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

(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

(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

(1) Subject to subsection (2), an application for proof of a will in solemn form pursuant

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

Registrar as clerk of court

(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

(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

(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

(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.

Transition

(1) An affidavit completed, dated and sworn on or before March 31, 2024, is valid for

filing with the registrar if it meets the requirements of the Act and the regulations in

force on March 31, 2024.

(2) If an application for a grant includes an affidavit that is completed, dated and sworn

after March 31, 2024, that does not attach the will as an exhibit in accordance with

these regulations, the registrar may issue a notice of rejection in Form 17 by ordinary

mail to the applicant.

Schedule A—Probate Mediation Procedure

(S. 74)

Parties to the mediation

(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

(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

(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

(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

(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.]

________________________________________________________________

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 Proving Execution of a Will or Codicil

Form 2

Probate District:

Probate Court File No:

IN THE COURT OF PROBATE FOR NOVA SCOTIA

Affidavit Proving Execution of a Will or Codicil

(S. 11)

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

make oath/affirm and give evidence as follows:

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

attached to this affidavit and marked Exhibit “A”.

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 to/Affirmed before me at

_______________,

in the County 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, 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 2A

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/affirm and give

evidence as follows:

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.

(

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 that is attached to this affidavit

and marked Exhibit “A”.

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

name of signor .

Sworn to/Affirmed before me at

____________

in the County 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, 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/affirm and give evidence as follows :

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 attached to this affidavit and marked Exhibit “A”.

3. Exhibit “B” to this affidavit is the original of my translation of Exhibit “A” to this affidavit

Sworn to/Affirmed before me at

________________,

in the County 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 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/affirm and give evidence as follows :

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 to/Affirmed before me at

________________,

in the County 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 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/affirm and give evidence as follows:

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.

(

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) will or codicil(

s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the

signature of the deceased/affidavit explaining circumstances attached to this application 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 will or codicil(

s) exhibited in the affidavit in

proof of execution of a will/affidavit attesting to the authenticity of the deceased/affidavit explaining circumstances attached to this

application.

[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 to/Affirmed before me at

________________,

in the County 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 applicant

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

applicant.]

________________________________________________________________

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/affirm and give evidence as follows:

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 will or codicil(

s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit

explaining circumstances attached to this application. [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.

(

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 will and any

codicil(

s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of

the deceased/affidavit explaining circumstances attached to this application, 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 will and codicil(

s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity

of the signature of the deceased/affidavit explaining circumstances attached to this application 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 to/Affirmed before me at

________________,

in the County 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.

[trust company]

per: _____________________________

Signature of trust officer

________________________________________________________________

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/affirm and give evidence as follows:

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.

(

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.]

(

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 to/Affirmed before me at

________________,

in the County 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 applicant

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

applicant.]

________________________________________________________________

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/affirm and give evidence as follows:

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 ,

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.

(

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 to/Affirmed before me at

________________,

in the County 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.

[trust company]

per: _____________________________

Signature of trust officer

________________________________________________________________

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/affirm and give evidence as follows:

1. The executor named in the will and any codicil(

s) exhibited in the affidavit in proof of execution of a

will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this

application 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.

(

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 will and any

codicil(

s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of

the deceased/affidavit explaining circumstances attached to this application, 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 will and codicil(

s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity

of the signature of the deceased/affidavit explaining circumstances attached to this application 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 dec