Quebec (Province, 1763-1791). Prerogative Courts

• Prerogative Courts

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.

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.

Quebec Act, 1774

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

2026-11-16: migrated to AtoM

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

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

Agency not in Canadiana Name Authorities 1996-12-24

Archivist(s):
R. Anger