TESTAMENTARY POWERS OF SALE FOR DEBTS IN ONTARIO
AbstractIn this article the author discusses whether the testamentary power vested in executors to sell lands to pay debts or legacies, has done away with the need to comply with the Devolution of Estates Act. Specifically, the author discusses how changes in legislation have affected such executive power. The author first examines some of the cases dealing with the Devolution of Estates Act, as well as some of the situations which did result from the Act’s limiting of the executor’s normal functions to personal estate only. She then looks at how the Act has been revised and the effect of such revisions. In concluding her article, she argues that the testamentary power vested in the executor has not been abolished by the Devolution of Estates Act and subsequent changes in legislation, and that if statutory assistance is required to give it full effect, such assistance can now be found in the Trustee Act.
Keywords:Executors and Administrators, Real Property, Title of Land
Download data is not yet available.