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PART II RULE 56 Analysis
PART II
RULE 56
Priority of right to grant of probate or administration, with will annexed : 56.01. Where the deceased died leaving a will, the priority of right to a grant of probate or administration with will annexed shall be, subject to the discretion of the judge, as follows: (a) executors ; (b) residuary legatees or devisees in trust; (c) residuary legatees or devisees for life; (d) ultimate residuary legatees, or devisees or, where the residue is not wholly disposed of, the persons entitled upon an intestacy (but this does not include the Crown); (e) the legal personal representatives of persons indicated in rule 56.01(d); (f) legatees or devisees, or creditors; (g) contingent residuary legatees or devisees, or contingent legatees or devisees, or persons, having no interest in the estate, who would have been entitled to a grant had the deceased died wholly intestate; (h) the Crown. Priority of right to grant of administration 56.02. Where the deceased died wholly intestate, the priority of right to a grant of administration shall be, subject to the discretion of the judge, as follows: (a) spouse ; (b) children ; (c) grandchildren , or other issue of deceased taking per stirpes ; (d) father and mother; (e) brothers and sisters of the whole or half blood, or the issue of deceased brothers and sisters of the whole or half blood, taking per stirpes ; (f) grandparents ; (g) uncles and aunts of the whole or half blood, or the issue of deceased uncles and aunts of the whole or half blood, taking per stirpes ; (h) creditors ; (i) the Crown. 1986 c42 Sch D rule 56.02; 2009 c31 s11 Persons to whom grant may be made 56.03. (1) In all applications for grant of letters of administration with or without will annexed or for letters of administration de bonis non the grant shall be made to a person resident inside the province. (2) A grant of letters of administration with or without will annexed or for letters of administration de bonis non shall not be made to more than three persons. (3) Where one or more persons is entitled to apply for a grant of letters of administration with or without will annexed or for letters of administration de bonis non and have not renounced by desire the grant to be made to an attorney or attorneys on his, her or their behalf, then all such persons shall execute a power of attorney appointing the attorney or attorneys to apply for and obtain the grant. 1986 c42 Sch D rule 56.03; 209/87 s11 Notice of Application 56.04. (1) The notice of application required by subsection 110(3) of the Act shall be referred to in this rule as a "Notice of Application" and shall be in Form 56.04A. (2) A Notice of Application shall be posted in the Registry, as required by subsection 110(3) of the Act, by (a) placing it in alphabetical order in a folder that is accessible to the public; (b) entering it in an electronic database by categories of name of deceased, name of applicant, nature of application, name of executor or administrator, date of posting and name of solicitor acting for applicant; and (c) recording the posting in chronological order in a document register that is accessible to the public. (3) Once a Notice of Application, whether for letters of probate or administration, has been posted, no other Notice of Application in respect of the same deceased person may be posted while the original Notice of Application remains effective, but a competing claim to probate or administration may be made by entry of a Caveat.
(4)
A Notice of Application posted on or after (a) an application for letters to which the Notice of Application relates is made to the court within that time; or (b) a Caveat has been entered and the time limit stipulated under rule 56.04A(3) has not expired. (5) Where a Notice of Application lapses as a result of operation of this rule (a) the Registrar shall remove the lapsed Notice of Application from the folder maintained under rule 56.04(2)(a) and shall cause the database referred to in rule 56.04(2)(b) to have a notation made on it that the Notice has lapsed; and (b) any person, including the original applicant, may post a further Notice of Application.
(6)
A Notice of Application posted before (a) an application for letters to which the Notice of Application relates has been made within that time; or (b) a Caveat has been entered. (7) A Notice of Application may be withdrawn at any time before the issuing of a grant of Letters of Probate or Letters of Administration by filing in the Registry a Withdrawal of Notice of Application in Form 56.04B. (8) Unless otherwise ordered by the court or authorized by the Registrar, all documents filed with respect to an estate shall remain with the Registry. Caveat56.04A. (1) The Caveat referred to in section 114 of the Act shall be in Form 56.04AA.
(2) A Caveat may be entered in the Registry, as required by section 114 of the Act before or after the posting of a Notice of Application, by (a) placing it in alphabetical order in a folder that is accessible to the public; and
(b)
entering
it in an electronic database by categories of name of deceased, name of caveator
, date of entering and name of solicitor acting for caveator.
(3)
Where a Caveat has been entered under the Act, the applicant who posted the Notice of Application to which the Caveat relates shall, within one year from the date of entry of the Caveat, commence a proceeding in the court
(a)
to
expunge the Caveat; or
(b)
where
probate is sought, to prove the will in solemn form.
(4)
Where the applicant who posted a Notice of Application to which a Caveat relates fails to take any of the steps required by rule 56.04A(
3)
(a)
the
Notice of Application shall lapse and be of no further force or effect; and
(b)
the
posting of a further Notice of Application in relation to the same deceased, by the applicant or anyone acting on behalf of the applicant, shall only be effective when service of the further Notice of Application on the original caveator
or the solicitor for the original caveator
has been effected.
(5)
The Registrar may require the proof of service referred to in rule 56.04A(
4) that may be reasonable, as a condition of accepting a further Notice of Application for posting.
(6)
Where a Caveat has been entered under the Act, the Registrar shall cause the folder and the electronic database maintained under rules 56.04(2)(
a) and (b) to be cross referenced so that a Caveat relating to a Notice of Application will be disclosed to a person searching for that Notice of Application.
(7)
Where a Caveat has been entered under the Act before a Notice of Application relating to the estate of the deceased to which the Caveat relates has been posted, a person intending to post a Notice of Application after that may apply to the court by Originating Application (inter partes
) naming the caveator
as defendant to
(a)
seek
an order expunging the Caveat; and
(b)
seek directions as to the manner of proceeding, whether under section 115 of the Act or otherwise to obtain a grant of letters of probate or administration, as the case may be, and a posting of a subsequent Notice of Application relating to a deceased referred to in a previous Notice of Application shall be disclosed in the electronic database at the time of the subsequent posting.
(8)
A Caveat may be withdrawn at any time by filing in the Registry a Withdrawal of Caveat in Form 56.04AB.
Form of application 56.05. (1) Every application for a grant shall be in Form 56.05A, and shall be signed by the applicant or the applicant's solicitor and shall be filed in the Registry. (2) If the applicant desires the judge to dispense with the filing of a bond or to reduce the amount or the number of sureties, the application shall so state. Contents of application 56.06. (1) Every application for a grant shall be accompanied by an affidavit verifying the facts upon which the applicant relies for a grant. (2) In the application and the affidavit, the deceased or other person, as the case may be, shall be described by his or her full name and if known otherwise, the full name shall be followed by such other name or names as he or she was otherwise known. (3) Every application for a grant, except for guardianship, shall (a) set out the name and address of every person entitled to share in the estate of the deceased, so far as they are known to the applicant, and whether or not the person is under 19 years of age; and (b) where applicable, state the names and addresses, if known, and relationship to the applicant of every person who resides within the jurisdiction and who is entitled to a grant in priority to or having an equal right with the applicant to the grant and state that those persons have renounced their right or consented to the grant being made and the Court may direct that notice of the application be given or consents obtained from any of those persons who have not renounced or consented. (4) Every application for probate or administration shall show the marital status and occupation of the deceased at the time of the death of the deceased. Additional contents of application where deceased died testate 56.07. Where the deceased died testate, the application shall show (a) that the deceased was of the full age of 17 years at the time of the execution of the will or if under 17 that the deceased was at that time a volunteer within the meaning of The Wills (Volunteers) Act, or a member of a component of the Canadian Forces which was either referred to as a regular force in the National Defence Act, or placed in active service under the National Defence Act, or was a mariner or seaman; (b) that neither witness to the will is a beneficiary or the spouse of a beneficiary named in the will or, if so, that a named beneficiary or the spouse of a named beneficiary is such a witness; and (c) that the deceased did not marry after the execution of the will or otherwise, as the case may be, or, if the deceased did so marry, that there is a declaration in the will that it was made in contemplation of that marriage. 1986 c42 Sch D rule 56.07; 2009 c31 s11 Form of jurat and supporting affidavits 56.08. (1) In an affidavit made by two or more deponents the names of the persons making the application shall be inserted in the jurat , but if the affidavit of all the deponents is taken at one time by the same officer, it is sufficient to state that it was sworn or affirmed by both or all of the "above named deponents". (2) Where the applicant is unable to verify any fact upon which the affidavit relies, that fact shall be verified (a) by an affidavit as circumstances may require of a person who can depose thereto; or (b) by an affidavit containing statements as to the belief of the deponent with the source and grounds. 1986 c42 Sch D rule 56.08; 209/87 s12 Will, how marked 56.09. The will shall be annexed to the application and shall be identified by the signature of the applicant and shall be marked as an exhibit to the affidavit proving due execution and where possible, the will should be marked on the back of the last page with the signatures of the applicant, witness and persons taking the affidavit of the witness and the applicant. Inventory 56.10. Upon every application for a grant, the applicant shall file with the application (a) an inventory and valuation of the assets or the deceased at the time of the deceased's death in Form 56.10A; and (b) an affidavit stating that the inventory contains a true and correct statement of all property belonging to the deceased at the time of his or her death so far as it has been possible to ascertain, and the inventory shall be annexed to the affidavit. Proof of will 56.11. (1) On an application for probate or for administration with will annexed, the due execution of an attested will and attested codicil, if any, shall be proved by one of the attesting witnesses by an affidavit in Form 56.11A. (2) If the testator (a ) was blind, (b) executed the will or codicil by making his or her mark, or (c) did not fully understand the language in which the will was written, the proof shall satisfy the Court or judge that before its execution the will or codicil was fully explained to the testator and the testator appeared to perfectly understand it. (3) When a holograph will is presented for probate or with an application for administration with will annexed, the applicant shall submit proof of execution thereof in Form 56.11B, or in such other form as the judge may require to satisfy the judge that the entire will, including the signature thereto, is in the proper handwriting of the deceased. Translation of will not in English 56.12. (1) With any will written in a language other than English, there shall be filed a translation thereof, with proof by affidavit in Form 56.12A, or by other proof to the satisfaction of the Court or judge of the name of the language in which the will is written, the competency of the translator and the correctness of the translation. (2) A copy of the English translation together with a copy of the will in its original form shall be attached to the grant. Grant of double probate 56.13. (1) Where all of the executors named in a will have not made application for probate and the right has been reserved to one or more of them to make application for probate at some future time, or if an alternate executor is called upon to complete the administration, and, in either case, if it is desired to have the appointment of such executor or executors confirmed by the Court, the executor may apply for a grant to be termed "a grant of double probate". (2) The application shall state, in addition to the fact of the original probate having been granted to the original applicant, the reason for the second application. (3) The copy of the will contained in a certified copy of the original grant shall be marked as an exhibit to the application and shall be identified by the signature of the applicant. (4) The original grant of probate shall be surrendered with the application unless it is proved to the satisfaction of the Court that the original grant of probate has been lost or destroyed. Grant of administration d.b.n. 56.14. (1) Where in an estate the administrator has died or the executor has died intestate, an application may be made for a grant of letters of administration de bonis non or of letters of administration de bonis non with will annexed, as the case may be, to complete the estate. (2) The application shall be similar in form to the original application and shall recite the particulars of the first grant, the death of the personal representative, the names of the interested parties and the grounds upon which the applicant is claiming the grant and in the case of an application for letters of administration de bonis non with the will annexed a certified copy of the original will shall be marked as an exhibit to the application and shall be identified by the signature of the applicant. (3) The assets shown shall be only the unadministered property of the deceased with values at the date of the death of the deceased. Direction to omit interlineation , etc. 56.15. Where, in any judge's fiat authorizing a grant, direction is given to omit any interlineation , alteration, erasure or obliteration from the will, the same shall be omitted from the copy of the will attached to the grant. Grant where words erased, etc. 56.16. In all cases in which words have been erased or obliterated which might have been of importance or where the appearance of the will is such as to indicate an attempted cancellation by burning, tearing or the like or where any suspicious circumstances exist, probate shall not be granted until all such matters have been explained to the satisfaction of the Court or judge. Grants to be sealed and signed by Registrar 56.17. All grants of probate or administration shall be signed by the Registrar and issued under the seal of the Court and any copy of a will forming part of or attached to the grant shall be authenticated by the initials of the Registrar and the grant and copy of the will shall be recorded in the proper register. Production of document relating to will 56.18. If a will contains a reference to, or if an applicant has any knowledge of, any paper, deed, memorandum or other document of such a nature as to raise a question whether it ought or ought not to form a constituent part of the will, the deed, paper, memorandum or other document shall be produced with a view to ascertaining whether it is entitled to probate, and if it cannot be produced, its non-production must be accounted for. Proof in solemn form 56.19. Where the circumstances appear to justify the direction, the Court or judge may require that proof be made in solemn form. Resealing 56.20. (1) A grant of letters of probate or letters of administration referred to in the Act may be resealed upon application therefore in accordance with this rule. (2) The facts to be shown and the affidavits to be taken shall be as required upon an application for probate or administration with or without will annexed, except that only assets of the deceased in the province need be shown and such grant may be accepted as proof (a) of death, (b) in cases of testacy, of the execution of the will and that it is the last will of the deceased, and (c) in cases of intestacy, that the deceased left no will. (3) There shall also be filed in support of the application (a) an exemplification of the grant sealed with the seal of the foreign court, or (b) a copy of such grant certified under the direction of the foreign court, and in addition (c) a certificate from the foreign court or some other evidence to the satisfaction of the judge that the grant is wholly unrevoked and of full effect, (d) an affidavit of the applicant verifying the facts upon which the applicant relies for a grant, and (e) proof to the satisfaction of the Court that the will was executed in accordance with the laws of the province, if the estate includes an interest in land in the province. Bonds 56.21. (1) The security to be given pursuant to section 118 of the Act shall be in one of Forms 56.21A, 56.21B or 56.21C as may be appropriate or to like effect with affidavits of execution and justification to the satisfaction of the Court or judge who may require the personal attendance of the sureties for examination. (2) In lieu of a personal bond with two sureties, the Court may accept the bond of an insurer licensed under The Companies (Guarantees) Act to undertake guarantee insurance in which case the amount of the bond need only be for the aggregate value of the estate and no affidavit of justification or execution is required. (3) In an affidavit of justification the value of the property of which any surety claims to be possessed shall be determined after deducting debts the surety may owe, the value of the surety's statutory exemption from seizure and any other sum for which the person is already surety. (4) A personal surety shall (a) be 19 years of age; (b) be resident in the province; and (c) have real or personal property in the province exigible to the amount of one half of the bond. 1986 c42 Sch D rule 56.21; 209/87 s13 Application to dispense with bond 56.22. On application, the Court or judge may dispense with giving a bond upon the person applying filing an affidavit either by himself, herself or by some person having personal knowledge of the affairs of the deceased, stating (a) that so far as can be ascertained there are no debts for which the estate is, or may be liable; or (b) that adequate provision has been made for the payment of any unpaid debts for which the estate is, or may be liable, and setting out clearly the sources of information available to the deponent and the inquiries which have been made to ascertain the fact. Who may institute proceedings on bond 56.23. Any person interested in the estate may by leave of the Court or judge institute proceedings in the name of the Attorney General on the bond or bonds without an assignment thereof to that person. Letters of Guardianship 56.24. Every application for letters of guardianship shall contain (a) the date and place of death and place of residence of the parent or parents of the minors if the parent or parents are deceased; (b) the names, ages (with dates of birth) and residence of the minors; (c) the relationship, if any, of the applicant to the minors and that the applicant is of the full age of 19 years and, if there is a nearer relative than the applicant, the reason why the nearer relative does not apply; (d) in the case of an application for guardianship of the estate of a minor, particulars, valuation and location of real and personal property of the minor; and (e) particulars of the eligibility and fitness of the applicant. Accounts 56.25. (1) Every application for the passing of accounts shall be accompanied by an inventory of the estate and a statement of account of the administration verified under oath or affirmation. (2) The inventory and accounts may as nearly as is expedient, reasonable and applicable, comprise the following particulars: (a) a schedule showing in detail all assets; (b) a schedule showing in detail all liabilities; (c) an account of all money received (i) on account of capital, and (ii) on account of income; (d) an account of all money disbursed or property disposed of (i) on account of capital, and (ii) on account of income; (e) a schedule showing all real and personal property remaining on hand; (f) a schedule showing any liabilities unpaid; (g) a reconciliation account (where necessary) showing in a summarized form the items necessary to balance the net value of the estate at the commencement of the period with the net value at the end; (h) such other accounts as the circumstances may require or as the judge may direct. (3) Where principal and income are dealt with separately by the will or instrument creating any trust estate, the accounts shall be divided so as to show separately receipts and disbursements in respect of principal and income, and in every other case the amounts may be so divided if the accounts of principal and income have been kept separate. (4) Items in the accounts of receipts of money or property shall show (a) the date of the receipt; (b) the name of the person from whom received; (c) on what account received; and (d) the amount or value thereof. (5) Items of disbursement or disposition of money or property shall show (a) the date thereof; (b) to whom paid or disposed of; (c) on what account disbursed; (d) the amount or value thereof; and (e) the disposition made of the particular asset. Application for appointment and directions 56.26. (1) The accounting party having deposited the inventory and accounts stated in accordance with rule 56.25 shall within a reasonable time apply ex parte to a judge (a) to refer the matter to a Master to take accounts and make enquiries and to report thereon; and (b) for directions respecting the parties to be served with notice of the time and place of the reference and with a copy of the accounts.
(2)
The parties to be served with the appointment for the taking of the accounts shall if resident within (3) On the taking of the accounts, every executor or administrator shall produce vouchers for all debts and legacies paid and for all funeral and other expenses and such executor or administrator may be examined on oath or affirmation and evidence may be taken touching any of the property or effects of the deceased which have come into the executor's or administrator's hands or knowledge and the disposition thereof. (4) Any item of expenditure may be allowed without producing a voucher therefore if such expenditure is proved by sworn or affirmed testimony, stating when and to whom the payment was made. 1986 c42 Sch D rule 56.26; 2001 c42 s45 Order for passing accounts 56.27. When the Master has completed his or her report the Master shall file it in the Registry forthwith and the accounting party or any party interested may after notice to all interested parties apply to the judge for an order allowing and passing the accounts in whole or in part. Dispensing with accounting: Depositing inventory and accounts 56.28. (1) A judge may order the dispensing of an accounting with a view to saving expense to the estate in any case where the judge is satisfied that an accounting would not advance the interests of the estate or of any person interested therein and is generally regarded by the judge as unnecessary. (2) When an accounting is dispensed with, the judge may fix the remuneration of the executor, administrator, trustee or guardian and may make any order or give any direction which the judge could make or give upon the hearing of an application to pass accounts. (3) Any party interested in an estate or administration thereof as beneficiary or creditor or as surety under any bond may apply to a judge on ten clear days' notice to the executor, administrator, guardian or trustee, or on such notice and to such person as the judge may direct, for an order calling upon the executor, administrator, guardian or trustee to exhibit and deposit in the Registry an inventory of the estate under administration and an account under oath or affirmation of the administration by the executor, administrator, guardian or trustee and to proceed to have it passed and allowed. Filing of releases 56.29. (1) Executors or administrators may file in the Registry releases executed in Form 56.29A (a) by all adults interested in the estate; and (b) by the guardian of the estate of a minor where letters of guardianship have been granted. (2) Where releases are filed under rule 56.29(1) the judge may dispense with the passing of accounts, and (a) make an order for the discharge of the administrator; (b) make an order that the executor has fully and satisfactorily accounted; or (c) make such other order as the judge considers proper. (3) All releases shall be signed and sealed in the presence of a witness, who shall sign his or her name as witness to the release, and who shall make an affidavit in Form 56.29B or to the like effect. (4) Notwithstanding rule 56.29(3) the judge may, upon being satisfied of the execution of a release, admit it notwithstanding that proof of its execution may be defective under the provisions of this rule. Acts Book
56.30.
(1) There shall be kept in the Registry a book, to be known as the Acts Book, or, on or after (a) the names of persons deceased to whose wills or estates, letters of probate, administration c.t.a . or administration are granted, together with the date of such grant and the name of the executor or administrator; (b) in the case of resealing under section 130 of the Act, there shall be entered the names of the persons deceased, the names of the executors or administrators and the date of resealing; and (c) the names of all persons of whose estates guardians are appointed, together with the date of the grant and the names of the guardians not being guardians ad litem ; (d) the names of all persons of whose estates the Registrar is appointed guardian under subsection (1) of section 20 of The Mentally Incompetent Persons Estates Act, together with the effective date of the appointment; and (e) particulars of ex parte applications and orders thereon made to a judge under the Act and the rules thereunder and in such cases it shall be unnecessary to enter the particulars in the Cause Book of the Court.
(2)
Any reference in these rules to "Acts Book", "Cause Book" and "proper books" shall be deemed to include, on or after 1986 c42 Sch D rule 56.30; 70/91 ss7&8 Endorsements on all grants 56.31. There shall be endorsed the following words upon all grants: "By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file in the Registry of the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with." Furnishing of copies from Registry 56.32. (1) Any person may demand and on payment of the prescribed fees receive from the Registry a copy of any paper, proceeding or document in administration, probate or guardianship matters, which copies may be certified by a clerk of the Court under seal, if so required. (2) A clerk of the Court shall, on payment of the prescribed fees, furnish exemplifications of probates, letters of administration or guardianship. Administration Forms 56.33. Forms 56.33A to 56.33I, inclusive appended to these rules shall be used for the respective purposes therein mentioned, with such variations as circumstances require. 1986 c42 Sch D rule 56.33; 72/00 s4 Application 56.34. Rule 56 shall apply as far as may be practicable to any proceeding in administration, probate or guardianship matters which may be taken in matters pending at the time they come into force. 1986 c42 Sch D rule 56.34
Form 56.04A
(rule 56.04) In the Supreme Court of Newfoundland and Notice of Application In the Estate of _______________, of the _______________ Dated at ___________, Newfoundland and Labrador, this ______ day of _______, 20_____. Address for Service:
Note: This Notice of Application will lapse and be of no further force or effect 6 months from the date of its posting in the Registry of the Court unless within that time an application for letters of probate or administration, as the case may be, is filed in the Registry, or unless, within that time, a Caveat opposing such application is entered in the Registry. I HEREBY CERTIFY that the above Notice of Application has been posted in the Registry from the date thereof to the present day, and that no caveat or other objection has been entered. The __________ day of _______________, 20_______. Form 56.04B
(rule 56.04) In the Supreme Court of Newfoundland and Labrador Withdrawal of Notice of Application In the Estate of _______________, of the _______________ The undersigned hereby withdraws the Notice of Application posted in this Estate. Dated at _______________,
Note: Upon the filing of this Withdrawal of Notice of Application, the Notice of Application to which the Withdrawal relates will be of no further force or effect. Form 56.04AA
(rule 56.04A) In the Supreme Court of Newfoundland and Labrador Caveat In the Estate of _______________, of the _______________ The undersigned opposes the issuing of a grant of Letters of Probate or Letters of Administration. No action shall be taken with respect to this Estate until the undersigned has been notified and given an opportunity to be heard. Dated at _______________,
Form 56.04AB
(rule 56.04A) In the Supreme Court of Newfoundland and Labrador Withdrawal of Caveat In the Estate of _______________, of the _______________ The undersigned hereby withdraws the Caveat entered in this Estate. Dated at _______________,
Note: Upon the filing of this Withdrawal of Caveat, the Caveat entered in this estate will be of no further force or effect. Form 56.05A (rule 56.05) In the Supreme Court of Newfoundland and In the Estate of Petition for Probate, Administration TO THE SUPREME COURT OF NEWFOUNDLAND The petition of A.B. says
1.
(Set forth material facts)
2.
The petitioner therefore applies for a grant of Letters of __________ of the estate of __________ to be issued to the petitioner __________ (or
as the case may be)
.
Dated at ___________, (Sgd
.)
(A.B.)
Affidavit
I, ___________________ of ___________________ in the Province of _______________, make oath (or affirm) and say as follows:
1.
I have read and I understand the foregoing petition.
2. I have personal knowledge of the facts contained therein and in the Inventory thereto annexed and they are true to the best of my knowledge, information and belief. (Sgd .) (A.B.) SWORN TO OR AFFIRMED at __________ in the Province of _______________ this _______ day of __________, 20 ___ before me A Commissioner, etc. Form 56.10A (rule 56.10) In the Supreme Court of Newfoundland and Labrador In the Estate of Inventory and Valuation of the Property of the said Estate.
I, _______________ make oath (or affirm) and say that I am _______________ and that the above is, to the best of my knowledge, information and belief, a just and true Inventory and Valuation of all property in the estate (at the time of _______________ death) as far as I can at present ascertain. _____________________ SWORN (OR AFFIRMED) at _______________ this _______ day of _______, 19_____, before me A COMMISSIONER, etc. 1986 c42 Sch D Form 56.10A; 2001 c42 s45; 30/10 s57
Form 56.11A (rule 56.11) In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, deceased Proof of Will I, _______________, of _______________ in the Province of Newfoundland and Labrador, make oath (or affirm) and say that on the __________ day of __________, 19_____ I was present and did see _______________ late of _______________, in the Province aforesaid __________ the Testa _____ named in the paper writing hereunto annexed, marked A, duly sign, publish and declare the said annexed paper writing, as and for _____ last Will and Testament in my presence, and in the presence of __________ the other subscribing witness thereto. That I and the said __________ then and there signed our names to such Will as such witnesses, in the presence of the said Testa ______. And that at the time of the said execution of the said Will the said Testa ____ was of sound and disposing mind, memory and understanding to the best of my belief. _____________________ SWORN (OR AFFIRMED) at _______________ on the _______ day of _______, 19_____, before me, A COMMISSIONER. etc . 1986 c42 Sch D Form 56.11A; 2001 c42 s45; 30/10 s57
Form 56.11B (rule 56.11) In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, deceased. Affidavit Proving Execution of I, __________________ of __________________ in the __________of _______________, make oath (or affirm) and say: 1. That I knew the said deceased in his or her lifetime and was present and did see the said deceased write and sign with his or her own hand the paper writing hereunto annexed and marked as Exhibit "A" to this my affidavit. OR 2. That I knew and was well acquainted with ______________ the deceased for many years before and down to the time of his or her death and that during such period I have frequently seen him or her write and also subscribe his or her name to documents whereby I have become well acquainted with his or her handwriting and having now carefully perused and inspected the paper writing now produced to me and marked with my signature and purporting to be and contain the last will and testament of the deceased and bearing date ______________ and being subscribed thus ____________ 3. That I verily believe the whole of the will together with the signature subscribed thereto to be of the true and proper handwriting of the deceased. _____________________ SWORN (OR AFFIRMED) before me at the _______________ of _______________ in the Province of ___________ this _______ day of _______, 19_____. A COMMISSIONER, etc. 1986 c42 Sch D Form 56.11B; 2001 c42 s45; 30/10 s57
Form 56.12A (rule 56.12) In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, deceased . Affidavit Verifying Translation of a Will I, ___________________ of ___________________ in the ___________of _______________, make oath (or affirm) and say: 1. That I am well acquainted with the __________ and English languages and can read, write and speak fluently in both the said languages, and am competent to translate documents from the ___________ language into the English language. 2. That I have perused the paper writing now produced and shown to me and marked as Exhibit "A" to this my affidavit which said Exhibit purports to be the original last will and testament of __________ deceased, and is written in the __________ language. 3. That I have made a translation of the said will into the English language which said translation is now produced and shown to me and marked as Exhibit "B" to this my affidavit, and I say that the said Exhibit "B" is a true and faithful translation of the said will from the __________ language into the English language. _____________________ SWORN (OR AFFIRMED) before me at the _______________ of _______________ in the Province of ___________ this _______ day of _______, 19_____. A COMMISSIONER, etc. 1986 c42 Sch D Form 56.12A; 2001 c42 s45; 30/10 s57
Form 56.21A (rule 56.21) In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, deceased . Administration Bond Know all men by these Presents THAT WE _______________ are jointly and severally bound unto Her Majesty Queen Elizabeth II, Her Heirs and Successors according to law in the sum of _____ dollars to be paid to Her Majesty Queen Elizabeth II Her Heirs and Successors according to law, for which payment, well and truly to be made, we bind ourselves and each of us for the whole, our and each of our Executors, and Administrators, firmly by these presents, Sealed with our seals. DATED the _______ day of _______, 19_____. The Condition of this Obligation is such that if the above named __________, Administrat _____ of all the Estate and Effects of _______________ late of _______________, in the Province of Newfoundland and Labrador, _______________, deceased, (who died on or about the __________ day of _______________, 19_____), do, when lawfully called on in that behalf, make, or cause to be made a true and perfect inventory of all and singular the Estate and Effects of the said deceased. which have or shall come into _____ hands, possessions or knowledge, or into the hands or possession of any other person or persons for __________, and the same so made do exhibit, or cause to be exhibited, in the Registry of the Supreme Court of Newfoundland and Labrador whenever required by law so to do, and the same Estate and Effects and all other Estate and Effects of the said deceased at the time of _____ death, which at any time after shall come into _____ hands or possession, or into the hands or possession of any other person or persons for _____, do well and truly administer according to law, that is to say, do pay the debts which the deceased did owe at __________ decease, and further do make or cause to be made a just and true account of ________________ said administration within twelve months from this date, or whenever required by law so to do, and all the rest and residue of the said Estate and Effects, do deliver and pay unto such person or persons respectively as shall be entitled thereto under any law now in force or that may hereafter be in force in the Province of Newfoundland and Labrador; and if it shall hereafter appear that any last will and testament was made by the deceased, and the Executor or Executors therein named do exhibit the same unto the said Court, making request to have it allowed and approved accordingly if the said being thereunto required, do render and deliver the said Letters of Administration (approbation of such testament being first had and made) in the said Court; then this Obligation to be void and of no effect or else to remain in full force and virtue. SIGNED, SEALED _______________ _______________ _______________ In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, deceased . I, _______________ make oath (or affirm) and say; that I was present and did see the within Bond duly executed by the parties named therein; and that the name _______________ set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at _____________ SWORN (OR AFFIRMED) at _______________ this _______ day of _______, 19_____, before me A COMMISSIONER, etc. ===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re deceased
. -------------------------------------- Administration Bond -------------------------------------- =====================================
In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, deceased. We, _______________ severally make oath (or affirm) and say: That we are the proposed Sureties on behalf of ______________ the intended Administrat _____ of all and Singular the Estate and Effects of _______________ deceased, in the within Bond named, for the faithful administration of the said Estate and Effects of the said deceased; and I the said _______________ for myself make oath (or affirm) and say that I am worth property to the amount of _____ dollars, over and above all encumbrances, and over and above what will pay my debts, and every other sum for which I am now bail, or which I am liable as surety or endorse or otherwise and I the said __________ for myself make oath (or affirm) and say that I am worth property to the amount of _____ dollars, over and above what will pay my debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser, or otherwise. The above named _______________ and _______________ were severally ______________ _____________________ _____________________ SWORN (OR AFFIRMED) at _______________ this _______ day of _______, 19_____, before me A COMMISSIONER 1986 c42 Sch D Form 56.21A; 2001 c42 s45; 30/10 s57
Form 56.21B (rule 56.21) In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, deceased . Administration Bond With
Will Annexed Know all men by these Presents, THAT WE _______________ are jointly and severally bound unto Her Majesty Queen Elizabeth II Her Heirs and Successors according to law in the sum of _____ dollars to be paid to Her Majesty Queen Elizabeth II Her Heirs and Successors according to law, for which payment, well and truly to be made, we bind ourselves and each of us for the whole, our and each of our Executors, and Administrators, firmly by these Presents, Sealed with our seals. Dated the __________ day of __________ 19_____. The condition of this obligation is such that if the above named __________ Administ _____ of all the Estate and Effects of _________, late of ___________ in the Province of Newfoundland and Labrador ____ deceased (who died on or about the __________day of __________, 19_____), do when lawfully called on in that behalf, make, or cause to be made, a true and perfect inventory of all and singular the Estate and Effects of the said deceased, which have or shall come into _____ hands, possession or knowledge, or into the hands or possession of any other person or persons for _____ and the same so made do exhibit, or cause to be exhibited, into the Registry of the Supreme Court of Newfoundland and Labrador whenever required by law so to do, and the same Estate and effects and all other Estate and Effects of the said deceased at the time of _____ death, which at any time after shall come into _____ hands or possession, or into the hands or possession of any other person or persons for __________, do well and truly administer according to law, that is to say, do pay the debt which the said deceased did owe at __________ decease and then the Legacies contained in the said Will annexed to the said Letters of Administration to __________ committed, so far as such property will thereunto extend and the law bind __________; and further, do make, or cause to be made, a full true and just account of __________ said administration within twelve months or sooner if thereunto require and all the rest and residue of the said Estate and Effects shall deliver and pay unto such person or persons as shall be by law entitled thereto; then this Obligation to be void and of no effect, or else to remain in full force and effect. SIGNED, SEALED and DELIVERED, in the presence of _______________ _______________ _______________ In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, deceased . I, _______________ of _______________ make oath (or affirm) and say: That I was present and did see the within Bond duly executed by the parties named herein; and that the name _______________ set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at ________________ _____________________ SWORN (OR AFFIRMED) at _______________ this _______ day of _______, 19_____, before me A COMMISSIONER, etc. ===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re deceased
. -------------------------------------- Administration Bond -------------------------------------- =====================================
In the Supreme Court of Newfoundland and Labrador In the Estate of _________________, deceased. We, _______________ severally make oath (or affirm) and say: That we are proposed Sureties on behalf of the Intended Administrat _____ with the Will annexed, of the Estate and Effects of ___________ deceased, in the within Bond named for the faithful administration of the said Estate and Effects of the said deceased; and I, the said _______________ for myself make oath (or affirm) and say that I am worth property to the amount of _____ dollars, over and above all encumbrances, and over and above what will pay my must debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser or otherwise; and I the said __________ for myself make oath (or affirm) and say that I am worth property to the amount of _____ dollars, over and above all encumbrances, and over and above what will pay my just debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser or otherwise. The above named _______________ and _________________ were severally sworn (or affirmed) at __________ this __________ day of __________, 19_____ before me A COMMISSIONER, etc. 1986 c42 Sch D Form 56.21B; 2001 c42 s45; 30/10 s57
Form 56.21C (rule 56.21) In the Supreme Court of Newfoundland and Labrador In the Estate of _______________ Guardianship Bond Be it remembered that on this __________ day of ___________, 19_____ ______________________ personally appeared and did acknowledge themselves to be held and firmly bound to Her Majesty Queen Elizabeth II Her Heirs and Successors according to law, in the sum of __________ to be had, made and levied on their Goods, Chattels and Effects, jointly and severally if default is made in any of the conditions following: Now the Condition of this Obligation is such that if the above named _______________ shall duly and faithfully act as Guardian of the Estate and Effects of _______________ a minor under the age of Nineteen years, and shall do and pay and dispose of such Estate in such manner as the said Court shall direct, then this Obligation to be void and of no effect, or else to be and remain in full force and virtue. _____________________ Signed and Sealed in the presence of A COMMISSIONER, etc. In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, a Minor.
I, _______________ make oath (or affirm) and say: That I was present and did see the within Bond duly executed by the parties named therein: and that the name __________ set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at _______________ _____________________ SWORN (OR AFFIRMED) at _______________, this _______ day of _______, 19_____, before me A COMMISSIONER, etc.
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re a
Minor -------------------------------------- Guardianship Bond -------------------------------------- =====================================
In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, a Minor We, _______________ severally make oath (or affirm) and say: That we are the proposed sureties on behalf of _______________ the intended Guardian of all and singular of the estate and effects of ________________ minor in the within bond named, for the faithful management of the said estate and effects; and I, the said _______________ for myself make oath (or affirm) and say: That I am worth property to the amount of _____ dollars, over and above all encumbrances, and over and above what will pay my just debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser or otherwise, and I, the said ________, for myself make oath (or affirm) and say: That I am worth property to the amount of _____ dollars, over and above what will pay my just debts, and every other sum for which I am now bail or for which I am liable as surety or endorser or otherwise. The above named _______________ and _______________ were severally _______________ _____________________ SWORN (OR AFFIRMED) at _______________ this _______ day of _______, 19_____, before me A COMMISSIONER, etc. 1986 c42 Sch D Form 56.21C; 209/87 s14; 2001 c42 s45; 30/10 s57
Form 56.29A (rule 56.29) In the Supreme Court of Newfoundland and Labrador In the estate of _______________, deceased. Form of Release Know all men by these presents that I, _______________ of _______________ in the __________ of __________ do hereby acknowledge that I have received from the legal personal representative of the above named estate satisfactory accounting of, and full payment and satisfaction of all sums of money and benefits accrued to me from the said estate: And, therefore, I do hereby release and forever discharge the said legal personal representative of the said estate, his or her executors, administrators, successors and assigns of all claims and demands against the said estate and the assets thereof, and touching and concerning the management and disposition of the said estate. IN WITNESS WHEREOF I have hereunto set my hand and seal this ___________ day of __________, 19_____. _____________________ SIGNED, SEALED and DELIVERED by the said ___________ in the presence of A COMMISSIONER, etc. 1986 c42 Sch D Form 56.29A; 2001 c42 s45; 30/10 s57
Form 56.29B (rule 56.29) In the Supreme Court of Newfoundland and Labrador In the Estate of __________, deceased. Affidavit of Execution of a Release I, ___________________ of ___________________ in the _______________ of _______________ make oath (or affirm) and say: 1. That I was personally present and did see ______________ named in the (within or annexed) Release, who is personally known to me to be the person named therein, duly sign and execute the same for the purposes named therein; 2. That the same was executed at __________ in the __________ and that I am the subscribing witness thereto; 3. That I, _________ know the said _______________ and _______________ is in my belief of the full age of 19 years. _____________________ SWORN (OR AFFIRMED) before me at the _______________ of __________ in the Province of ___________ this _______ day of _______, 19_____. A COMMISSIONER, etc. 1986 c42 Sch D Form 56.29B; 2001 c42 s45; 30/10 s57
Form 56.33A (rule 56.33) In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, Minor.
Oath (Or Affirmation) of Guardian I, ________________ of ________________ in the Province of Newfoundland and Labrador, _____ make oath (or affirm) and say that I will well and faithfully manage to the best advantage the property of _____________ committed to my care and will pay and dispose of ____________ estate in such manner as the Court shall direct; that I will well and truly perform and discharge all the duties which belong to me as Guardian of the said estate according to the laws of this Province; that I will render a just and true account thereof to the Supreme Court when thereunto lawfully required, or to the said minor when _____ shall become of age; and that the gross value of the said estate is _____ dollars and no more according to the best of my knowledge, information and belief. _____________________ SWORN (OR AFFIRMED) at _______________, on the _______ day of _______, 19_____, before me A COMMISSIONER, etc.
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re a
Minor -------------------------------------- Oath of Guardian -------------------------------------- Letters of Guardianship granted on the __________ of __________, 19_____ to Value of Estate $ ===================================== 1986 c42 Sch D Form 56.33A; 2001 c42 s45; 30/10 s57
Form 56.33B (rule 56.33) In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, DECEASED.
Oath (Or Affirmation) of Executor I, ______________ of ______________ in the Province of Newfoundland and Labrador, ______, make oath (or affirm) and say that ______________ late of ________________ deceased died with a Will, that I am __________ therein named; that I will well and faithfully administer the estate and effects of the testat _____ by paying _____ just debts and the legacies contained in __________ Will so far as the same shall thereto extend and the law bind me, and by distributing the residue (if any) of the said estate and effects according to law; that I will exhibit under oath (or affirmation) a true, full and perfect inventory of all and singular the estate and effects of the testat _____, and render a just and true account thereof whenever required by law so to do; that the testat _____ died at __________ on the __________ day of __________, 19_____; and that the gross value of the estate and effects of the said testat _____ is _____ dollars, and no more, according to the best of my knowledge, information and belief. _____________________ SWORN (OR AFFIRMED) at _______________ on _______ day of _______, 19_____, before me A COMMISSIONER, etc.
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re deceased
. -------------------------------------- Oath of Executor -------------------------------------- Probate granted to on the __________ day of __________, 19_____; Value of Estate $ ===================================== 1986 c42 Sch D Form 56.33B; 2001 c42 s45; 30/10 s57
Form 56.33C (rule 56.33) In the Supreme Court of Newfoundland and Labrador In the Estate of _______________, deceased. Oath (Or Affirmation) of Administration I, ________________ of __________ in the Province of Newfoundland and Labrador, _____ make oath (or affirm) and say that ______________ late of __________ in the Province aforesaid ____________ deceased, died intestate; that I will well and faithfully administer the estate and effects of the said deceased, by ______ paying __________ just debts and distributing the residue of _____ estate and effects according to law; and I will exhibit a true and perfect inventory of all and singular the said estate and effects, and render a just and true account whenever required by law so to do; that the said deceased died at _________ on the ___________ day of __________, 19_____ and that the gross value of the said estate and effects of the deceased is _____ dollars and no more, according to the best of my knowledge, information and belief. _____________________ SWORN (OR AFFIRMED) at _______________ on _______ day of _______, 19_____, before me A COMMISSIONER, etc.
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re deceased
. -------------------------------------- Oath of Administrator -------------------------------------- Administration granted to on the __________ day of __________, 19_____; Value of Estate $ Sureties ===================================== 1986 c42 Sch D Form 56.33C; 2001 c42 s45; 30/10 s57
Form 56.33D (rule 56.33) In the Supreme Court of Newfoundland and Labrador In the Estate of _________________, deceased . Oath (Or Affirmation) of Administrator With
Will Annexed I, _______________ of __________ in the Province of Newfoundland and Labrador, _____ make oath (or affirm) and say that __________ late of __________ in the Province aforesaid __________ deceased, died with a Will, and; that I will well and faithfully administer the estate and effects of the said deceased, by paying just debts and legacies contained in the said Will and distributing the residue of the said estate and effects, according to law; that I will exhibit a true and perfect inventory of all and singular the said estate and effects, and render a just and true account thereof whenever required by law so to do; that the said deceased died at ___________ on the _____ day of ____________, 19_____ and that the gross value of the said estate and effects of the deceased is _____ dollars and no more, according to the best of my knowledge, information and belief. _____________________ SWORN (OR AFFIRMED) at _______________ on _______ day of _______, 19_____, before me A COMMISSIONER, etc.
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re deceased
. -------------------------------------- Oath of Administrator -------------------------------------- Administration granted to on the __________ day of __________, 19_____; Value of Estate $ Sureties ===================================== 1986 c42 Sch D Form 56.33D; 2001 c42 s45; 30/10 s57
Form 56.33E (rule 56.33) In the Supreme Court of Newfoundland and Labrador In the Estate of _________________, deceased . Letters of Probate BE IT KNOWN that on the _________ day of __________ 19_____ the last Will and Testament of __________ late of __________ in the Province of Newfoundland and Labrador _______________ deceased, who died on or about the ___________ day of ___________, 19_____ at ___________ was proved and registered in the aforesaid Court a true copy of which said last Will and Testament is hereunder written and that the administration of all and singular the estate and effects of the said deceased was granted by the aforesaid Court to __________ the execu _____ named in the said Will __________ having been first sworn well and faithfully to administer the same by paying the just debts of the deceased, and the legacies contained in the said Will __________ so far as thereunto bound by law, and by distributing the residue (if any) according to law and to exhibit under oath a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof whenever required by law so to do. Registrar.
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re deceased
. -------------------------------------- Letters Of Probate -------------------------------------- Entered Folio Volume ===================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file in the Registry of the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with. 1986 c42 Sch D Form 56.33E; 209/87 s15; 2001 c42 s45; 30/10 s57
Form 56.33F (rule 56.33) In the Supreme Court of Newfoundland and Labrador In the Estate of _________________, deceased . Letters of Administration BE IT KNOWN that on the ___________ day of ___________, 19_____ Letters of Administration of all and singular the estate and effects of ________________ late of ___________ in the Province of Newfoundland and Labrador __________ deceased, who died on or about the __________ day of __________, 19_____ at __________ intestate, were granted by the Supreme Court to _________________ having first sworn well and faithfully to administer the same by paying the just debts of the said intestate, and distributing the residue (if any) of _____ estate and effects according to law and to exhibit a true and perfect Inventory of all and singular the said estate and effects, and render a just and true account thereof whenever required by law so to do. Registrar
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re deceased
. -------------------------------------- Letters Of Administration -------------------------------------- Entered Folio Volume ===================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file in the Registry of the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with. 1986 c42 Sch D Form 56.33F; 209/87 s15; 2001 c42 s45; 30/10 s57
Form 56.33G (rule 56.33) In the Supreme Court of Newfoundland and Labrador In the Estate of _________________, deceased . Letters of Administration With
Will Annexed BE IT KNOWN that __________ late of __________ in the Province of Newfoundland and Labrador, ___________ deceased, who died on the _____ day of __________ 19_____, at __________ made and duly executed __________ last Will and Testament, a copy of which is hereunder written. BE IT FURTHER KNOWN that on the _____ day of ___________ 19_____, Letters of Administration with the said Will annexed of all and singular the estate and effects of the said deceased were granted by the Supreme Court to _______________ having been first sworn (or affirmed) well and faithfully to administer the same, by paying the just debts of the said deceased and the legacies contained in the said Will _______________ and distributing the residue of the said estate and effects, according to law, and to exhibit a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof whenever required by law so to do. Registrar
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re deceased
. -------------------------------------- Letters Of Administration -------------------------------------- Entered Folio Volume ===================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file in the Registry of the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with. 1986 c42 Sch D Form 56.33G; 209/87 s15; 2001 c42 s45; 30/10 s57
Form 56.33H (rule 56.33) In the Supreme Court of Newfoundland and Labrador In the Estate of _________________, a Minor. Letters of Guardianship, Minor BE IT KNOWN that on the __________ day of ___________ 19_____, Letters of Guardianship of the Estate and Effects of ___________ minor child of __________ of __________ in the Province of Newfoundland and Labrador __________ were granted by the Supreme Court of Newfoundland and Labrador to __________ having been first sworn (or affirmed) well and faithfully to manage to the best advantage the property of the said minor committed to ___________ care, and to pay and dispose of such Estate in such manner as the Court shall direct, and well and truly to perform and discharge all the duties which belong to _____ as guardian of the Estate of the said minor according to the laws of this Province, and to render a just and true account thereof to the Supreme Court when thereunto lawfully required, or to the said minor __________ when shall become of age. Registrar.
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re a
Minor. -------------------------------------- Letters Of Guardianship -------------------------------------- Entered Folio Volume ===================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file in the Registry of the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with. 1986 c42 Sch D Form 56.33H; 209/87 s15; 2001 c42 s45; 30/10 s57
Form 56.33I (rule 56.33) In the Supreme Court of Newfoundland and Labrador In the Estate of _________________, a Mentally Disabled Person. Letters of Guardianship,
BE IT KNOWN that on the __________ day of ___________ 20_____, Letters of Guardianship of the Estate and Effects of ___________, a mentally disabled person, of __________, in the Province of Newfoundland and Labrador, __________ (occupation), were granted by the Supreme Court of Newfoundland and Labrador to __________, of __________, in the Province of Newfoundland and Labrador, __________ (occupation), having been first sworn (or affirmed) well and faithfully to manage to the best advantage the property of the said mentally disabled person committed to his or her care, and to pay and dispose of such Estate in such manner as the Court shall direct, and well and truly to perform and discharge all the duties which belong to him or her as guardian of the Estate of the said mentally disabled person according to the laws of this Province, and to render a just and true account thereof to the Supreme Court when thereunto lawfully required, or to the said mentally disabled person when he or she shall become competent. Registrar
===================================== In the Supreme Court of Newfoundland and Labrador ------------- In re a
mentally disabled person -------------------------------------- Letters Of Guardianship -------------------------------------- Entered Estate Number ===================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file in the Registry of the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with. | | |