Overview Of Division 9

Division 9 of Part 6 of the Act (ss. 157 to 161) deals with the discharge of personal representatives.

Section 157 provides that a personal representative of a deceased person may at any time apply to the court to be discharged from the office of personal representative and it also sets out the procedure for making such an application. Subsection (6) states that an order discharging a person as a personal representative does not also discharge that person as a trustee.

Section 158 provides that a person who has less priority to act as a personal representative may apply to be appointed as the personal representative under certain conditions.

Section 159 provides for the appointment of substitute personal representatives and sets out their powers and responsibilities.

Section 160 provides that the estate of the deceased person vests in the personal representative or in the person who has been appointed as the substitute personal representative.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Requirements on Discharge of Personal Representative

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.