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 tenth 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. Specifically, I’ll discuss some things that the registrar will look for in the documentation you provide. By knowing these things in advance, you can avoid wasting more time and money in getting the Certificate of Appointment of Estate Trustee with a Will.
Have the Beneficiaries received notice?
As previously discussed, you’ll need to provide the registrar with an Affidavit of Service that shows that you have served Notice of an Application of Certificate of Appointment of Estate Trustee with a Will. This basically means that you have served (by regular letter mail) the notice on those beneficiaries who are entitled to receive it. Now, a beneficiary named in the Will is NOT entitled to notice if they are dead, received the gift before the testator / testatrix died, or the gift no longer exists. Finally, if a beneficiary named in the Will or is part of a class of people entitled to share in a gift given under a Will cannot be located, the name of the beneficiary (or potential beneficiary) must be provided to the Registrar, together with an Affidavit that explains attempts made and reasons why notice has not been served.
Applicant is Not Named in the Will
If the Applicant (i.e. the person wishing to be the Estate Trustee) is not named in the Will, then a bond is generally required. I’ve previously discussed bonds, sureties, and dispensing with bonds. Dispensing with the requirement to post a bond will require, for example, an affidavit of the Applicant in support of that request, together with consents from beneficiaries and a draft order.
Applicant is Not Resident in Canada or a Commonwealth Country
Again, if the Applicant is not a resident in Canada or a Commonwealth country, then a bond is generally required. I’ve previously discussed bonds, sureties, and dispensing with bonds. Dispensing with the requirement to post a bond will require, for example, an affidavit of the Applicant in support of that request, together with consents from beneficiaries and a draft order.
Renunciations are required to be signed by estate trustees who are named in the Will and entitled to apply. The registrar will check to see if the renunciation has been signed by each estate trustee named in the will and who has not jointed in the application.
In the next blog, I’ll discuss some of the questions which the Registrar will review in deciding whether to issue a Certificate of Appointment of Estate Trustee with a Will.
By the way, if you need a Will and want to leave everything to your surviving spouse, you’ve come to the right place:
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.