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Inheritance law in Ontario is governed by the Succession Law Reform Act (SLRA). The SLRA sets out the rules for how property is distributed when someone dies without a will (intestate) and how to probate a will. The Act provides for certain family members to be entitled to a portion of the deceased's estate, including spouse, children and parents.
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.
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A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. [1] In some jurisdictions, such courts may be referred to as orphans' courts [ 2 ] or courts of ordinary.
Many of the subsequent changes later introduced under this Act, were initially intended to fill in gaps not previously remedied by orders-in-council. Through the enactment of WESA, the legislature signalled the need to amalgamate sister statutes under a single umbrella. It also brought conformity between BC estates law, and rest of Canada. [3]
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The Ontario Court of Justice is the provincial court of record [6] for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law , criminal law , and provincial offences.
A Manual of the Practice of the Court of Probate. London: H. Sweet. Coote, Henry Charles; Tristram, Thomas H. (1866). The Practice of the Court of Probate in Common Form Business (fifth ed.). London: Butterworths. Browne, George (1873). A Treatise on the Principles and Practice of the Court of Probate in Contentious and Non-contentious Business. H.
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