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Jun

24

Toronto Probate Lawyer | Estate Administration (Part 9): Dying with a Will

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. It may not be up to date. Laws change often and without notice. If you need legal advice with respect to Wills and Estates matters, you should seek professional assistance (e.g. make a post on Dynamic Legal Forms). We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. You can also contact me directly.

This is the ninth of a series of MANY blog posts about Estate Administration in Ontario. Be sure to check them all out! Here, I’ll continue my discussion of what the registrar will do when reviewing an Application for a Certificate of Appointment of Estate Trustee with a Will.

Open the File
First, the registrar opens a file in the estate administration system. He or she will make sure that the deceased’s name is entered properly, assign a file number and saved. From here, this information is updated to a central registry called the Estate Registrar for Ontario.

Review Documentation
Next, the registrar reviews all the documentation (which I’ve previously talked about in my last 2 blogs) which are or may be required in the circumstances. Some documents are originals (e.g. Will, affidavits, etc.), while others come in duplicate or triplicate (e.g. affidavits, orders, certificates, etc). The registrar will check to ensure that:

  • affidavits have been sworn / affirmed and signed and dated;
  • review marital status of deceased;
  • ensure that the original Will is included in the application;
  • check to see whether there have been any alterations to the Will and whether these have been attested to via affidavit. If so, confirm that the person applying for the Certificate of Appointment of Estate Trustee is the person applying;
  • see if the Will names the applicant as estate trustee (if not, then consents are required, as discussed in my previous blog);
  • if a bond is required, ensure that a bond is posed in an amount sufficient to cover the value of the assets, or review the affidavit in support of a request to dispense with bond (together with the draft order);
  • ensure that the amount of estate administration tax is paid. It may be paid on an ESTIMATED ASSET VALUE (through an affidavit), in which case the trustee will need to give an undertaking to update the court in 6 months time and pay any further estate administration tax owing.

If there are problems, then the applicant will be notified. If the registrar is in doubt, then he or she may send the file to a judge for a determination.

If all of these things are OK, the registrar will submit the application for clearance to the Estate Registrar for Ontario to ensure that certain documents haven’t already been filed with a Court (e.g. application for certificate of appointment of estate trustee, notice of objection, wills or codicils with a later date, request for notice of commencement of proceedings, etc.). If the search is “CLEAR”, then the registrar will issue, date, sign and seal the Certificate of Appointment of Estate Trustee With a Will.

In the next few blogs, I’ll deal with some nuances of particular situations that may arise in the context of getting the above Certificate.

By the way, if you need a Will and want to leave everything to your surviving spouse, you’ve come to the right place:

Last Will and Testament (Ontario): Outright Distribution to Spouse

This legal form can be used by a Testator or Testatrix (i.e. a person who is making a Will) to appoint an Estate Trustee to manage their final wishes, transfer the residue of their estate (i.e. their leftover assets after debts have been paid off) to their surviving spouse, and appoint a guardian / custodian for their minor children. This Last Will and Testament also comes with affidavits for witnesses to swear / affirm (great for probate!). Best of all, this Last Will and Testament comes with a FREE VIDEO GUIDE (watch a useful example of how this legal form can be customized), a FREE DL GUIDE (read helpful information about this legal form), and another FREE DL GUIDE that offers valuable insight into how contracts can be challenged) What are you waiting for? Go to Dynamic Legal Forms. And if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Legal Forms and make a post.

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