Quebec (Province, 1763-1791). Prerogative Courts

Identity area

Type of entity

Higher-level Ontario government office (type B)

Authorized form of name

Quebec (Province, 1763-1791). Prerogative Courts

Parallel form(s) of name

    Standardized form(s) of name according to other rules

    • Prerogative Courts

    Other form(s) of name

      Identifiers for corporate bodies

      Description area

      Dates of existence

      1777-1792

      History

      The Prerogative Courts were established in 1777, and were presided over by judges of the Court of Common Pleas. The jurisdiction of these courts was based on French civil law. Under English law, the will of a deceased person had to be admitted to probate before its provisions concerning personal estate came into effect; whereas under French law, formal action was required only if the person died intestate, in which case a Curator or Administrator was appointed to divide the estate. With the reorganization of the court system in 1792 and the introduction of English law, the Prerogative Courts were abolished. Replacing these courts in dealing with estates of the deceased were the Court of Probate and the Surrogate Courts, established in 1793.

      Places

      Legal status

      Functions, occupations and activities

      Prerogative Courts, had jurisdiction over appointing guardians, and in appointing curators or administrators of estates where the deceased left no will or failed to appoint an executor.

      Address

      Quebec Act, 1774

      Internal structures/genealogy

      General context

      Relationships area

      Related entity

      Upper Canada. Court of Probate (1793-1858)

      Identifier of related entity

      BA43

      Category of relationship

      temporal

      Type of relationship

      Upper Canada. Court of Probate is the successor of Quebec (Province, 1763-1791). Prerogative Courts

      Dates of relationship

      Description of relationship

      Related entity

      Ontario. Surrogate Courts (1793-1989)

      Identifier of related entity

      BA44

      Category of relationship

      temporal

      Type of relationship

      Ontario. Surrogate Courts is the successor of Quebec (Province, 1763-1791). Prerogative Courts

      Dates of relationship

      Description of relationship

      Access points area

      Subject access points

      Place access points

      Epithet

      Control area

      Authority record identifier

      BA42

      Institution identifier

      Rules and/or conventions used

      RAD: Rules for Archival Description, 2nd edn (2008)

      Status

      Approved

      Level of detail

      Dates of creation, revision and deletion

      2026-11-16: migrated to AtoM

      Language(s)

        Script(s)

          Sources

          Banks, Margaret A. Evolution of the Ontario Courts 1788-1981 (1983)

          Riddell, William. The Bar and the Courts of Upper Canada (1928)

          Maintenance notes

          Agency not in Canadiana Name Authorities 1996-12-24


          Archivist(s):
          R. Anger