Overview Of Division 7

Division 7 of Part 6 of the Act (ss. 142 to 148) deals with the powers, duties, and liabilities of personal representatives.

Section 142 of the Act provides for the raising of money when a will-maker has charged real estate with the payment of debts, legacies, or other specific sums of money but has not made an express provision in the will for raising the money.

Section 145 provides for the assumption of the duties of administering an estate by the executor of a deceased will-maker where the latter dies testate.

Section 148 provides that where one executor renounces probate of a will or does not join the application for grant of probate, a disposition relating to the estate by the remaining executors is valid and has the same effect as if every executor had executed an instrument giving effect to the will.

In this respect, see the Appendix at the end of this Act regarding the land title office’s requirements where there is a death, discharge, or removal of a personal representative before completion of the administration of an estate.