Notice to the Profession
The Court of Queen's Bench has posted a
notice to the profession
regarding the temporary modification of filing requirements under surrogate rules in respect of application for grants.
Applications for grants of probate and administration require the execution and submission of documents to the Court. Several of those documents, such as NC 1 and NC 2, require the original signature of the Applicant. Surrogate Rule 16 requires the Applicant to mark the back of the will for identification. NC 6.1, if applicable, requires a trustee to execute an acknowledgment. Depending on the circumstances, other affidavits, such as NC 8, NC 9 and NC 11, may be required to be completed and filed.
The COVID-19 pandemic creates challenges in effecting compliance with execution and filing requirements. Until further notice, the Court is prepared to modify certain execution and filing requirements.
In a letter from the Applicant’s counsel which accompanies the Application for a Grant, counsel must indicate that departures from usual execution and filing requirements are effected pursuant to this Notice to the Profession.