Standard
In any conveyance from a personal representative, a lawyer must ensure that all required consents1 are obtained and be satisfied as to the authority of the personal representative and the validity of the testamentary instrument, if any.
A lawyer should be familiar with the provisions of the Probate Act and the Land Registration Act as they affect conveyancing, in particular with respect to the changes to the law and practice embodied in those statutes.
Footnotes
- Probate Act, S.N.S. 2000, c.31, s.50-51
Additional Resources
- E. O’Brien Edmonds, “Property Issues: The Real Estate-Probate Interface”, in Probate Procedures and Documentation Seminar, (C.L.E.S.N.S., October, 2001)
- Probate Act, S.N.S. 2000, c. 31 - note particularly vesting of real property in administrator
- Land Registration Act, S.N.S. 2001, c. 6, ss. 24 (wills), 25 (intestacy) and 26 (requirement for certificate of legal effect when application for revision is based on administrator’s deed)
- A.L. Paton,“Update - Probate Act Reform”, in Wills, Estates and Probate 2000, (C.L.E.S.N.S. September 2000)
- A.L. Paton, “Changes to the Probate Act: How They May Affect Your Practice” in Property Law: Profession and Business - Staying in the Game, (C.L.E.S.N.S., February 2001)
- A.L. Paton, “The Old and the New: A Look at Probate in Nova Scotia” in Probate Procedures and Documentation Seminar (C.L.E.S.N.S., October, 2001)
- W. M. Penfound, “Changes to the Probate Act: How They May Affect Your Practice” in Property Law: Profession and Business - Staying in the Game, (C.L.E.S.N.S., February 2001)
Approved by Council on November 22, 2002