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Updating the Administration of Small Estates in Manitoba

出版	Manitoba Law Reform Commission, 2018
ISBN	077111589X9780771115899
URL	http://books.google.com.hk/books?id=P413tgEACAAJ&hl=&source=gbs_api

註釋While the Commission recognizes that the changes proposed in this report only address one aspect of a large and multifaceted access to justice problem, the recommendations, if implemented, would allow more people to access the simplified process for the administration of estates where the value is small enough that the ordinary cost of estate administration renders the act impractical. [...] The purposes of probate, administration and the summary administration of small estates are: (1) to validate the will, if there is one; (2) to establish the authority of the estate representative (also known as the executor in the case of probate, the administrator in the case of administration, and generically the personal representative) to receive the deceased's assets and otherwise administer [...] Where it appears to the court that the total value of all the property of a deceased does not exceed $10,000, so far as can be reasonably ascertained, the court, without the grant of probate or administration, may order that the personal property be paid or delivered to such person as the court directs, to be disposed of by him as the court directs in (a) paying the reasonable funeral expenses; 17 [...] Updating the Administration of Small Estates in Manitoba 6 (b) paying the debts of the deceased; and (c) paying over any balance in accordance with the terms of the will, if any, or to the next of kin, or if there is no next of kin or if none can be conveniently found, paying over the balance to the Minister of Finance to be credited to the Consolidated Fund; and may order that the real property b [...] It would recognize the fact that, in many cases, the cost of administering an estate is disproportionate to the size of the estate and may unduly deplete the estate to the point where it would be impractical to go through the probate or administration process at all.