Post Office Savings Bank Regulations (C.R.C. 1955, p. 2561)

20 (1) The wife or husband of a deceased depositor whose deposit did not exceed $50 at the date of the depositor’s death may withdraw the deposit upon the production to the Director of

• (a) a signed request for the deposit;

• (b) the deceased depositor’s pass-book or a declaration of its loss and an undertaking to surrender it, if and when the same is recovered, and to indemnify the Bank against any misuse of the pass-book;

• (c) proof satisfactory to the Director of

  • (i) the depositor’s death; and of

  • (ii) marital relationship.

(2) Any person other than the persons specified in subsection (3) may withdraw a deposit of a deceased depositor if such deposit did not exceed $500 at the date of the depositor’s death, upon the production to the Director of

• (a) a signed request for the deposit;

• (b) the deceased depositor’s pass-book or a declaration of its loss and an undertaking to surrender it, if and when the same is recovered, and to indemnify the Bank against any misuse of the pass-book;

• (c) proof satisfactory to the Director of

  • (i) the depositor’s death; and of

  • (ii) the claimant’s legal authority to claim the deposit;

• (d) an authenticated or notarial copy of the last will of the deceased depositor, if any;

• (e) a written statement setting forth that it is not proposed to apply for Letters of Probate of the deceased depositor’s last will, or for Letters of Administration of his estate, or for an Act of Curatorship or Tutorship, as the case may be;

• (f) a statutory declaration and indemnity agreement executed in the form and manner prescribed by the Director with releases of all claims in respect of the deposit signed by all other beneficiaries named in the last will or by all other persons entitled to share in the estate on intestacy where there is no will; and of

• (g) a bond of indemnity with two sureties for twice the amount of the deposit and accrued interest thereon where the Director considers it advisable that such further safeguard be provided.

(3) The wife, husband, child, father, mother, brother or sister of a deceased depositor may withdraw his deposit if such deposit did not exceed $2,500 at the date of the depositor’s death upon the production to the Director of the documents mentioned in paragraphs (a) to (g) of subsection (2).

(4) The executor, administrator, trustee, tutor or curator of the estate of a deceased depositor may withdraw the depositor’s deposit upon the production to the Director of

• (a) a signed request for the deposit;

• (b) the deceased depositor’s pass-book or a declaration of its loss and and undertaking to surrender it, if and when the same is recovered, and to indemnify the Bank against any misuse of the pass-book;

• (c) proof satisfactory to the Director of the depositor’s death; and of

• (d) such of the documents specified in subsection (5) as may be applicable to the case.

(5) The executor, administrator, trustee, tutor or curator, as the case may be, of a deceased depositor’s estate, shall produce to the Director such of the following documents as the Director may require, and any such document may be retained by the Director:

• (a) an authenticated or notarial copy of the probate of the will of the deceased depositor, or Letters of Administration of his estate, or of the Act of Curatorship or Tutorship, granted by any court in Canada having power to grant the same;

• (b) an authentic notarial copy of the will of the deceased depositor, if such will is in notarial form according to the law of the Province of Quebec; or

• (c) if the deceased depositor died outside of Canada, an authenticated or notarial copy of the Probate of his will, or of Letters of Administration of his property, or other documents of like import satisfactory to the Director, granted by any court or authority having the requisite power in such matters;

and the production of such document or documents shall be sufficient justification and authority to the Director for paying such deposit to the executor, administrator, trustee, tutor or curator, as the case may be.

(6) A deceased depositor’s deposits withdrawn under the provision of this section

• (a) may, in any of the cases provided for by subsections (1), (2) or (3), be paid by cheque payable to the person or persons legally authorized to claim for the same; and

• (b) shall, in the case of subsection (4), be paid by cheque payable to the estate of the deceased depositor.

(7) The Director may apply the provisions of subsections (1) to (6) for the disposal of a deceased depositor’s deposit notwithstanding the legitimacy or illegitimacy of such deceased depositor or of his heirs or of any one of them.