Summary#
Bill 30, An Act Respecting the Probate Court Act and the Public Trustee Act, would amend New Brunswick’s Probate Court Act and Public Trustee Act. The supplied text states no separate goal. It is labelled as a first-reading bill, so it is not law; any changes would start on a day set by proclamation.
- It raises the estate-value limit named in section 20 of the Probate Court Act from $3,000 to $25,000.
- It would allow regulations under an existing power in that Act to delegate a matter to the Court or give the Court discretion over a matter.
- It adds a requirement in section 7(1) of the Public Trustee Act for an authentic copy of a deceased person’s will when the value of property held by the Public Trustee is $25,000 or less. The supplied text does not show who must provide the copy or for what purpose.
- It also makes two French-language wording corrections.
- Only first-reading text is supplied; no later amendments are included, so no changes from amendments can be identified.
What it means for you#
- Estates and people dealing with probate: The section 20 limit would rise to $25,000. The bill text does not include the rest of section 20, so the procedure or benefit that applies under that section cannot be confirmed from the supplied material.
- People dealing with the Public Trustee: For property held by the Public Trustee valued at $25,000 or less, the bill adds an authentic copy of the deceased’s will to the requirements in section 7(1). The missing Act text means the person responsible for supplying it is unclear.
- The Court and government: Regulations could give the Court a delegated matter or discretion. This is a power regulations may use, not a requirement that they do so.
- The bill does not directly change a tax, fee, benefit, or property ownership rule in the text provided.
Money#
No cost information is in the available material.
- The bill does not state an appropriation, fee change, or cost estimate.
- Any administrative cost of handling the added will-copy requirement or using the regulation power is not estimated.
What is unclear#
- The parent Acts were not supplied, so the current operation of sections 20 and 77 of the Probate Court Act and section 7 of the Public Trustee Act could not be verified.
- The bill does not explain what section 20’s higher estate-value limit changes in practice.
- It does not say who must provide the will copy, who receives it, or how it will be used.
- The scope of matters that regulations could delegate to the Court, or give the Court discretion over, depends on the existing regulation power and any regulations; those details are not supplied.
- The bill starts only on a day or days set by proclamation; no start date is given.
Case for#
- A possible argument for raising the limit is that it would extend section 20’s rule to estates valued up to $25,000, rather than only those up to $3,000. The practical effect depends on what section 20 provides.
- Allowing regulations to delegate matters to the Court or give it discretion may let the rules assign decisions to the Court where that is considered suitable.
- Adding a will-copy requirement for property valued at $25,000 or less may help ensure the Public Trustee has an authentic copy in those cases. The bill does not explain the intended use.
Case against#
- The bill raises the limit substantially but does not explain, in the supplied text, what additional steps or outcomes the change would bring.
- The regulation provision could give the Court delegated matters or discretion, but the bill does not set out those matters or limits.
- The new will-copy requirement may add work, but the bill does not identify who must provide the copy or estimate any related cost.