Question 508. - A resident of New Brunswick, having a deposit in a bank in that province, moves temporarily to Nova Scotia (where he also owns personal property), and dies there. His executor obtains letters probate in Nova Scotia, and applies for payment of the deposit in New Brunswick without proving the will in that province. The deposit exceeds $500.

(1) Would the bank be justified in making payment, and 2) Would it have any protection under section 97 of the Bank Act?

Answer. - (1) Ancillary probate of the will must be obtained in New Brunswick, and the laws of that province as to payment of succession duty must be complied with, before the bank would be justified in transferring the account to Nova Scotia. See The King v. Lovitt (1912) A. C. 212.

(2) The case does not come under section 97, seeing that the deposit is over $500.