Application For Appointment Of Estate Trustee With or Without a Will in Ontario - All You Need To Know
Losing a loved one is never easy. Apart from dealing with the emotional loss, there are several legal procedures that need to be followed. One such procedure is the appointment of an Estate Trustee. In this blog, we will discuss the application for the appointment of an Estate Trustee with or without a Will in Ontario, and everything you need to know about it.
What is an Estate Trustee?
An Estate Trustee is a person who is responsible for administering the estate of a deceased person. The Estate Trustee has to ensure that the assets of the deceased are distributed among the beneficiaries as per the instructions mentioned in the Will, or as per the laws of intestacy (if there is no Will).
How to Apply for the Appointment of an Estate Trustee?
The application process for the appointment of an Estate Trustee can be complex and time-consuming. It involves several steps and requires a thorough understanding of Canadian legal laws and rules. Here are the steps involved in the application process:
Step 1: Determine the Type of Application
The first step in the application process is to determine the type of application that needs to be filed. There are three types of applications:
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Estate Trustee with a Will: This application is filed when the deceased person has left a Will.
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Estate Trustee without a Will: This application is filed when the deceased person has not left a Will.
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Estate Trustee during Litigation: This application is filed when there is a dispute regarding the appointment of an Estate Trustee.
Step 2: Gather All the Required Documents
Once you have determined the type of application, the next step is to gather all the required documents. The documents required for the application include:
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Death Certificate of the deceased person
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Original Will (if applicable)
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Affidavit of Execution of the Will (if applicable)
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Inventory of Assets and Liabilities of the Estate
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Application for Certificate of Appointment of Estate Trustee
Step 3: File the Application
After gathering all the required documents, the next step is to file the application with the Superior Court of Justice. The application can be filed in person or by mail. Once the application is filed, the Court will review the application and issue a Certificate of Appointment of Estate Trustee.
Step 4: Administer the Estate
After the Certificate of Appointment of Estate Trustee is issued, the Estate Trustee has to administer the estate. The Estate Trustee has to ensure that the assets of the deceased are distributed among the beneficiaries as per the instructions mentioned in the Will, or as per the laws of intestacy (if there is no Will).
The application for the appointment of an Estate Trustee with or without a Will in Ontario can be complex and time-consuming. It requires a thorough understanding of Canadian legal laws and rules. At Marwah Law, our team of experienced lawyers can guide you through the entire process and ensure that your legal rights are protected.