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WESA Definitions Under the Probate Rules

 

ProbateThere are so many new terms used in both the WESA Act and its Probate Rules ( 25-1) .

Perhaps more importantly, the definitions used in both the Act and the Rules often give rights and powers in and to them selves, such as the rules states who constitutes a party in respect of proceedings under the Rules of Part 25, to the extent that parties may now include persons who previously would not have been proper parties in non -estate proceedings.

RULE 25-1— DEFINITIONS

Definitions

(I) In this Part:

‘affidavit of assets and liabilities for estate grant” means an affidavit referred to in Rule 25-3(2)(g);

“affidavit of assets and liabilities for resealing” means an affidavit referred to in Rule 25-6(2)

“alternate executor” means a person who, under the terms of a will, is to become an executor if the
person named in the will as executor is unable or unwilling to act or continue to act in that
capacity;

“authorization to obtain estate information” means an authorization to obtain estate information
issued under Rule 25-4(1)(a);

“authorization to obtain resealing information” means an authorization to obtain resealing
information issued under Rule 25-7( I )(a);

“citor” means a person who serves a citation under Rule 25-11(1);

“deliver”, in relation to a person, means provide to the person by
(a) personal delivery,
(b) ordinary mail to the person’s residential or postal address, or
(c) e-mail, fax or other electronic means to the address provided by the person for that purpose;

“disputant” means a person who files a notice of dispute under Rule 25-10( I); “estate grant” means

(a) a grant of probate, whether the grant is made for general, special or limited purposes,
(b) a grant of administration, whether the grant is made for general, special or limited purposes, or
(c) an ancillary grant of probate or administration;

“executor” means

(a) a person named in a will as an executor, or
(b) if 2 or more persons are named in a will as an executor, each of those co-executors, unless that person has renounced executorship;

“renounce executorship” has the meaning set out in subrule (4) of this rule;

“solemn form” has the meaning set out in subrule (5) of this rule;

“submission for estate grant” means a submission for estate grant in Form P2;

“submission for resealing” means a submission for resealing in Form P2I;

“testamentary document” means a document that does one or both of the following:

(a) makes or purports to make a testamentary disposition other than
(i) a designation under Part 5 of the Wills, Estates and Succession Act, or (ii) a designation of a beneficiary under Part 3 or 4 of the Insurance Act;
(b) appoints or purports to appoint an executor of the estate of the maker of the
document,and, without limiting this, includes a will;

“wills notice” means a notice filed under section 73 of the Wills, Estates and Succession Act with the chief executive officer under the Vital Statistics Act.

There is now a prescribed form for Renunciation of Executor and a definition of when delivery has been effectively given.

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