Under the law that governs this situation (which is called an «intestacy»), your estate assets will be frozen until the courts appoint someone to administer your estate, known as an «
Estate Trustee Without a Will».
If there are no objections, a Certificate of
Estate Trustee without a Will is issued.
As a result, individuals should be warned — do not jump into the role of
estate trustee without first investigating the circumstances of the estate.
However, when the value of the assets of the estate is high, or for certain types of assets, the estate trustee will have little choice but to apply to the Ontario Superior Court of Justice to obtain a Certificate of Appointment of Estate Trustee with a Will (formerly known as Letters Probate) or a Certificate of Appointment of
Estate Trustee without a Will (formerly known as Letters of Administration), («Certificate»).
Not exact matches
Thie Waiver of Probate Bond serves as insurance cover to an institution in the event that any claims arise as a result of it having paid out assets
without requiring that a formal appointment of an executor /
estate trustee be obtained.
Publications and Presented Materials «Florida's Homestead Laws May Trump Your
Estate Plan,» Brinkley Morgan Legal Talk Blog, April 6, 2017 «Don't Be Like Prince — Don't Die
Without a Will,» Brinkley Morgan Legal Talk Blog, August 18, 2016 «Choose Your
Trustee (and Other Fiduciaries) Wisely,» Brinkley Morgan Legal Talk Blog, June 25, 2015 «Higher
Estate Tax Exemption Changes Focus to Income Tax Planning,» Brinkley Morgan Legal Talk Blog, July 24, 2014
If, after the
trustee has answered the objections, the objections are withdrawn, then the
estate accounts are sent to the court for approval (this can be done «over the counter,» i.e.
without having to appear before a judge in person).
Based on the new rules, executors who apply for the «Certificate of Appointment of
Estate Trustee With (or
Without) a Will» must file an «
Estate Information Return» within 90 calendar days after the Ontario government initially issues the certificate.
In order to apply this authority, executors must first obtain a probate certificate known as the «Certificate of Appointment of
Estate Trustees With (or
Without) a Will,» which is issued by the Ontario government.
What used to be known as a «probate certificate» is now known as a «certificate of appointment of
estate trustee with a will» (or «
without a will,» as the case may be).
Where the deceased dies
without a Will, or in situations where the
Estate Trustee named in the Will is unable or unwilling to act, then the Court may appoint an
Estate Trustee, pursuant to section 29 of the
Estates Act.
Erudite law LLP can guide you through this difficult time and assist you with your application to be appointed as
Estate Trustee (with or
without a Will), Administrating the
Estate, and performing the passing of the accounts.
Without a Certificate of Appointment, the
Estate Trustee may run into issues when they attempt to transfer the assets as per your instructions on the Will.
In part one of this series, I explored what happens to your sole proprietorship when you die, provided information on the pitfalls of dying
without a valid will in place, and explained the importance of appointing an
estate trustee.
The parties agreed and,
without giving notice to the Office of the Public Guardian and
Trustee («OPGT»), they obtained a court order appointing the Public Guardian and Trustee as estate trustee during litigation on a temporary basis (namely, to complete the sale of the deceased's house, liquidate his other assets, and to resolve the pressing issue of whether the deceased was to be cremated or b
Trustee («OPGT»), they obtained a court order appointing the Public Guardian and
Trustee as estate trustee during litigation on a temporary basis (namely, to complete the sale of the deceased's house, liquidate his other assets, and to resolve the pressing issue of whether the deceased was to be cremated or b
Trustee as
estate trustee during litigation on a temporary basis (namely, to complete the sale of the deceased's house, liquidate his other assets, and to resolve the pressing issue of whether the deceased was to be cremated or b
trustee during litigation on a temporary basis (namely, to complete the sale of the deceased's house, liquidate his other assets, and to resolve the pressing issue of whether the deceased was to be cremated or buried).
If, however, the demands on the person's time and the possibility of conflicts of interest are not substantial, such a person may continue to act,
without compensation, as an executor, administrator,
trustee, or other fiduciary for the
estate or person of one who is not a member of the person's family if terminating the relationship would unnecessarily jeopardize any substantial interest of the
estate or person and if the judicial council of the circuit approves.
He determined,
without explanation, that there was no concrete proof that the
trustee would act negligently or maliciously in the execution of his duties, not that had acted contrary to the interest of the
estate and beneficiaries.