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The Court of Queen's Bench of Manitoba 1870–1950: A Biographical History. Toronto: Osgoode Society for Canadian Legal History. McCullough, Sharon Gail. 2000. Manitoba Court of Queen's Bench in Equity, 1872–1895: A Study in Legal Administration and Records. Winnipeg, University of Manitoba. Smandych, Russell, and Karina Sacca. 1996.
Letters of Administration are granted by a surrogate court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under intestacy rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will.
Where the executor dies intestate after probate without having completely administered the estate; Where an administrator dies. In the first case the principle of administration cum testamento is followed, in the second that of general grants in the selection of the person to whom letters are granted.
The process of probate in Ontario is a legal process where a court approves the validity of a will and grants authority to the executor named in the will to distribute the deceased person's assets according to the instructions in the will. The process involves several steps. [3]
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
Pursuant to The Court of Appeal Act, [5] the Court consists of a Chief Justice and 12 other judges, all of whom are federally-appointed pursuant to the Judges Act. [1] [2]As a "Superior Court" under section 96 of the federal Constitution Act, 1867, Court of Appeal judges are appointed by the Governor-General of Canada (in practical terms, the Prime Minister of Canada).
Manitoba: $10,000 The Small Claims Court of the Manitoba Court of King's Bench adjudicates claims up to $15,000. [17] New Brunswick: $20,000 The New Brunswick Small Claims Court hears claims up to a limit of $20,000. The limit was raised to its current amount on 1 April 2018, and was previously raised from $6,000 to $12,500 in 2013. [18]
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