Overview Of Part 4

Part 4 of the Act (ss. 26 to 32) deals with the discharge of personal representatives. Section 27 provides that a personal representative of a deceased person may at any time apply to the court to be discharged from office, whether as personal representative alone or as personal representative and trustee. Section 28 sets out the procedure for making such an application, and s. 29 provides that the court may order the discharge on compliance with the terms of the section and sets out the effect of the order. In accordance with s. 30, on granting a discharge the court must appoint some other person or trust company to act in the place of the discharged personal representative. Section 31, which is reproduced below, provides for the vesting of the deceased’s estate in the new personal representative, and s. 32 provides that the new personal representative has and may exercise the same powers, authorities, and discretions, and is subject to the same duties and obligations, as the discharged 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.