Devolution of Real Property Act

(1) Notwithstanding any testamentary disposition, but subject to the Land Titles Act, real property to which a deceased person was entitled for an interest that does not cease on his or her death devolves on and becomes vested in his or her personal representative as if it were personal property on the death of the deceased.

(2) A testator shall be deemed to have been entitled at his or her death to any interest in real property passing under any gift contained in his or her will that operates as an appointment under a general power to appoint by will.

(3) The personal representative is the representative of the deceased in regard to

(4) Probate or letters of administration may be granted in respect of real property in the estate of a deceased person even if there is no personal property in the estate. R.S.N.W.T. 1988,c.8(Supp.),s.205; S.N.W.T. 2003,c.5,Sch.C.,s.1.

(1) In the administration of the assets of a deceased person, the real property of the deceased person shall be administered in the same manner, subject to the same liabilities for debts, costs and expenses and with the same incidents, as if it were personal property.

(2) Nothing in this Act alters or affects the order in which real and personal assets are now applicable, as between different beneficiaries, in or toward the payment of funeral and testamentary expenses, debts or legacies, or the liability of real property to be charged with payment of legacies.

(1) When any part of the real property of a deceased person vests in his or her personal representative under this Act, the personal representative shall be deemed to be the heir of the deceased as regards that part of the real property in the interpretation of an Act or the construction of an instrument to which the deceased was a party or under which the deceased was interested, while the estate remains in the personal representative, unless a contrary intention appears.

(2) Nothing in subsection (1) affects the beneficial right to any property or the construction of words of limitation of any estate in or by a deed, will or other instrument.

(1) After the date of probate or letters of administration, the personal representative may convey the real property to any person entitled to it and may make the conveyance subject to any charge for the payment of money that the personal representative is liable to pay or without any charge.

(2) Where a conveyance made under subsection

(1) is subject to a charge for all moneys that the personal representative is liable to pay, all liabilities of the personal representative respecting the real property cease, except as to any acts done or contracts entered into by the personal representative before the conveyance.

(3) After one year from the date of probate or letters of administration, if the personal representative has failed, on the request of a person entitled to any real property, to convey the real property to that person, that person may apply to the Court.

(4) On an application under subsection (3), the Court may, if it thinks fit and after notice to the personal representative, order that the conveyance be made and in default may make an order vesting the real property in the person making the application as fully as might have been done by a conveyance of it from the personal representative.

(5) After one year, if the personal representative has failed to convey all or part of the real property to the person entitled to it or to sell and dispose of it, any person beneficially interested may apply to the Court.

(6) On an application under subsection (5), the Court may order that all or part of the real property be sold on terms and within the period that may appear reasonable and in the event of the failure of the personal representative to comply with the order, may direct a sale of all or part of the real property on the terms as to cash or credit, or partly cash and partly credit, as the Court considers advisable.

(1) The personal representative may sell the real property for the purpose of

(2) Where a sale is made under subsection (1), the concurrence of the persons beneficially entitled to the real property is not necessary unless the sale is made for the purpose of distribution only.

(1) Except as otherwise provided in this Act, no sale of real property for the purpose of distribution only is valid as regards any person beneficially interested unless he or she concurs in the sale.

(2) In the case of a sale of real property for the purpose of distribution only, where

the Court may approve the sale on proof satisfactory to the Court that the sale is in the interest and to the advantage of the estate of the deceased and the persons beneficially interested in that respect and the sale is valid as regards the contingent interests and the interests not yet vested and is binding on non- concurring adult beneficiaries and beneficiaries who are not yet ascertained.

(3) An adult who accepts a share of the purchase money from a sale of real property, knowing it to be a share of the purchase money, shall be deemed to have concurred in the sale.

(1) The personal representative may, subject to the provisions of any will affecting the property,

(2) Where minors or mentally incompetent persons are interested, the approvals or order required by sections 11 and 12 in the case of a sale are required in the case of a mortgage made under paragraph (1)(c) for payment of debts or taxes on the real property to be mortgaged.

(1) A person purchasing real property in good faith and for value from

holds the real property

(2) Real property that has been conveyed by the personal representative to a person beneficially entitled to it continues to be liable, as it would have been if it had remained vested in the personal representative, for the debts of the deceased owner so long as it remains vested in that person or any person claiming under that person who is not a purchaser in good faith and for value.

(3) If real property referred to in subsection (2) is sold or mortgaged in good faith and for value by the person beneficially entitled to it, he or she is personally liable for the debts of the deceased owner only to the extent to which the real property was liable when it was vested in the personal representative.

(1) Subject to subsection (2), where there are two or more personal representatives, a conveyance, mortgage, lease or other disposition of real property devolving under this Act shall not be made without the concurrence of all the personal representatives or an order of the Court.

(2) Where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the other or others to prove, the proving executor or executors may make a conveyance, mortgage, lease or other disposition of the real property without an order of the Court.

(3) A disposition made under subsection (2) has the same effect as if all the persons named as executors had concurred in respect of the disposition.