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1990, c. E.21, s. 46. In Ontario, where an individual dies intestate, the court is empowered to appoint an Estate Trustee without a Will pursuant to section 29(1) of the Estates Act. Our mailing address and address for service is: Miltons Estates Law 200-15 Fitzgerald Road Ottawa, ON CANADA K2H 9G1 Although these amendments will not generally take effect before January 1, 2013, estate trustees and their advisors should be aware of the new tax audit and collection regime and the potentially severe consequences for non-compliance. 38 The judge on application made in a summary way and on being satisfied that the condition of the bond has been broken may order the registrar to assign the bond to some person to be named in the order, and such person is thereupon entitled to sue on the bond in the person’s own name as if it had been originally given to the person, and shall recover thereon as trustee for all persons interested the full amount recoverable in respect of any breach of the condition of the bond. Grant of probate or administration, jurisdiction. Last amendment: 2017, c. 20, Sched. 1990, c. E.21, s. 50 (1). 11, s. 8 (2)). R.S.O. C, s. 1 (1). R.S.O. In addition, estate trustees can be found personally liable for estate debts if the executor distributes assets of the estate to beneficiaries and fails to make adequate provision for payment of all estate debts. 9 (1) Whether a suit or other proceeding is or is not pending in the court with respect to a probate or administration, the Superior Court of Justice may, on motion or otherwise in a summary way, order any person to produce and bring before the registrar, or otherwise as the court may direct, any paper or writing being or purporting to be testamentary that is shown to be in the possession or under the control of such person. 1990, c. E.21, s. 45 (3); 1994, c. 27, s. 43 (2). Transmission to Estate Registrar for Ontario of list of grants, etc. R.S.O. This Toronto office is a boutique litigation law firm whose practice is focused on estate and commercial litigation. 1990, c. E.21, s. 42. (3) The value of any real or personal property so advanced shall be deemed to be that, if any, which has been acknowledged by the child by an instrument in writing, otherwise the value shall be estimated according to the value of the property when given. Real and personal property assimilated in matters of administration. (2) If the testator or intestate had no fixed place of abode in Ontario or resided out of Ontario at the time of death, the application shall be filed in the office for the county or district in which the testator or intestate had property at the time of death. R.S.O. 1990, c. E.22, s. 17 (6); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. C, s. 1 (1). 41 (1) The official administrator may make application for administration of the estate of a deceased person if the surviving spouse, all the heirs and next of kin of the deceased person who are in British Columbia and are competent to take out letters of administration renounce or request that an administrator of the estate be appointed. (2) Where the claimant or personal representative having a right of appeal does not appeal from the order, judgment or determination, the Children’s Lawyer or any person beneficially interested in the estate may, by leave of a judge of the Divisional Court, appeal therefrom. 20 If it appears by the certificate of the Estate Registrar for Ontario that application for probate or administration has been filed in two or more court offices, the proceeding shall be stayed until, on motion, a judge of the Superior Court of Justice determines where the application will proceed. Note: On a day to be named by proclamation of the Lieutenant Governor, section 7 of the Act is amended by adding the following subsection: (See: 2020, c. 11, Sched. 34 Where a person renounces probate of the will of which the person is appointed an executor, the person’s rights in respect of the executorship wholly cease, and the representation to the testator and the administration of the testator’s property, without any further renunciation, goes, devolves and is committed in like manner as if such person had not been appointed executor. C, s. 1 (1). R.S.O. 1990, c. E.21, s. 45 (1). R.S.O. C, s. 1 (1). R.S.O. (6) Before a caution expires it may be reregistered and so on from time to time as long as the personal representative considers it necessary, and every caution continues in force for three years from the time of its registration or reregistration. R.S.O. 22 (1) The powers of a personal representative under this Act include. 1990, c. E.21, s. 8 (2). R.S.O. R.S.O. R.S.O. Estate Administration Tax Act Amended • Amended by Bill 173, Better Tomorrow for Ontario Act (Budget Measures), 2011 • In effect January 1, 2013. (3) Where a person dies wholly intestate as to his or her property, or leaving a will affecting property but without having appointed an executor thereof willing and competent to take probate, or where the executor was at the time of the death of such person resident out of Ontario, and it appears to the court to be necessary or convenient by reason of the insolvency of the estate of the deceased, or other special circumstances, to appoint some person to be the administrator of the property of the deceased, or of any part of such property, other than the person who if this subsection had not been enacted would have been entitled to the grant of administration, it is not obligatory upon the court to grant administration to the person who if this subsection had not been enacted would have been entitled to a grant thereof, but the court may appoint such person as it thinks fit upon his or her giving such security as it may direct, and every such administration may be limited as it thinks fit. R.S.O. (2) The order may be made by the judge on the judge’s own initiative or on the application of any person interested. 1990, c. E.21, s. 40 (2). Charles Ticker is a lawyer with over 35 years of experience. 1990, c. E.22, s. 24 (1). (b)  where the claim or demand is not presently recoverable, prescribe the time after which the claimant shall proceed pursuant to the directions. (See: 2017, c. 20, Sched. 2020, c. 11, Sched. B, s. 36. 1990, c. E.22, s. 17 (7). 8, s. 2). (2) Where, upon the application for probate of the will of a person who at the time of the execution of the will was a member of the forces or was a mariner or sailor at sea or in the course of a voyage, it appears that the witnesses are dead or are incompetent or that the whereabouts of the witnesses, or either of them, is unknown, the judge of the Superior Court of Justice to whom the application is made may accept such evidence as he or she considers satisfactory as to the validity and proper execution of such will, despite anything in this Act or in the rules of court to the contrary. C, s. 1 (1). 1990, c. E.22, s. 17 (3); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. R.S.O. 1990, c. E.21, s. 45 (4). Value of property advanced, how estimated. 1990, c. E.21, s. 9 (1); 2006, c. 19, Sched. Consolidation Period: From July 8, 2020 to the e-Laws currency date. 7 (1) An application for a grant of probate or letters of administration shall be made to the Superior Court of Justice and shall be filed in the office for the county or district in which the testator or intestate had at the time of death a fixed place of abode. For many seniors, whose Wills stipulate that they will act as their spouse’s executors, this is an important new law. (4) Not less than seven days notice of the application shall be given to the personal representative, and where the application is to be made to the judge of the Superior Court of Justice, shall also be given to the Children’s Lawyer if minors are concerned, and to such, if any, of the persons beneficially interested in the estate as the judge may direct. 1990, c. E.21, s. 47 (1); 2002, c. 24, Sched. 8, s. 7). Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005 ... 2009 also amended by Estate Affairs Amendment Act 1 of 1992 [with effect from a date to be proclaimed - see PENDLEX] Regulations under this Act ACT To consolidate … 1990, c. E.21, s. 10 (3); 1994, c. 27, s. 43 (2). R.S.O. R.S.O. R.S.O. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (4) of the Act is amended by striking out “in Form 2” and substituting “in the form prescribed by regulation under subsection (7)”. R.S.O. 1990, c. E.21, s. 49 (8). 1. 11, s. 8, 9. R.S.O. Consolidation Period: From January 1, 2020 to the e-Laws currency date. Conveyance by personal representative without an order. (a)  the person to whom the deceased was married immediately before the death of the deceased or person with whom the deceased was living in a conjugal relationship outside marriage immediately before the death; (c)  the person mentioned in clause (a) and the next of kin. The EATA is the statute that governs Estate Administration Tax in Ontario. 1990, c. E.22, s. 16. It will be used by the Ministry of Finance to enforce compliance with the Estate Administration Tax Act, 1998. (8) The powers of a personal representative under subsection (2), (3) or (6) have heretobefore been and shall hereafter be exercisable during the period of three years from the death of the deceased without an order of a judge, provided that, (a) real property conveyed, divided or distributed by virtue of such powers to or among the persons beneficially entitled thereto, shall be deemed to have been and to be liable for the payment of the debts of the deceased owner as if no conveyance, division or distribution had been made, even though it has subsequently during such three-year period been conveyed to a purchaser or purchasers in good faith and for value, but, in the case of such purchaser or purchasers, such liability shall only continue after the expiry of such three-year period if some action or legal proceeding has been instituted by the creditor, or an assignee or successor of the creditor to enforce the claim and a certificate of pending action or a caution has, before such expiry, been registered against the property; and that, (b) although such liability has applied and shall apply as aforesaid in respect of real property so conveyed, divided or distributed, any such purchaser, in good faith and for value, shall be deemed to have had and to have a right to relief over against the persons beneficially entitled, and where such conveyance, division or distribution was made by the personal representative with knowledge of the debt in respect of which claim is made, or without due advertisement for creditors, then against such personal representative; and that. is deposited with an officer of the court as on a grant of probate or administration, the probate or letters of administration or other document shall, under the direction of the judge, be sealed with the seal of the Superior Court of Justice, and thereupon is of the like force and effect in Ontario as if the same had been originally granted by the Superior Court of Justice, and is, so far as regards Ontario, subject to any order made by such court, or on appeal therefrom, as if the probate or letters of administration had been granted thereby. In the context of representing our clients in matters of Estate Administration, we regularly advise and are retained to act on a wide range of complex legal issues including: The interpretation of estate documents; Addressing matters respecting the validity and enforceability of will and trust instruments Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, section 16 of the Act is repealed and the following substituted: (See: 2020, c. 11, Sched. 19 The Estate Registrar for Ontario shall, with reference to every such notice, examine all notices of such applications received from the several registrars so far as appears to be necessary to ascertain whether or not application for probate or administration in respect of the property of the deceased has been made in more than one office of the Superior Court of Justice, and he or she shall … 8, s. 1 (1)), “county” includes a territorial district; (“comté”), “matters and causes testamentary” includes all matters and causes relating to the grant and revocation of letters probate of wills or letters of administration; (“matières et causes testamentaires”), Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 11, Sched. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Estate Administration Tax Act, 1998 1. 2 The office of the registrar is a depository for all wills of living persons given there for safekeeping, and the registrar shall receive and keep those wills under such regulations as are prescribed by the rules of court. 1990, c. E.21, s. 29 (2). 2, s. 31 (12). 1990, c. E.22, s. 4. 1990, c. E.21, s. 44 (6); 2006, c. 19, Sched. R.S.O. You may be named in a will as someone’s estate representative. (2) Where the claim of a person against any other person would be barred by the Trustee Act at any time within three months after the death of the person having the claim, the claim shall for all purposes be deemed not to be barred until three months after the date of such death. (5)-(7) Repealed:  1997, c. 23, s. 8 (2). 1990, c. E.22, s. 25 (3). Proof, etc., requisite for obtaining grant to party not next of kin to intestate. R.S.O. R.S.O. 1990, c. E.21, s. 15. Purpose of Form: To be used by the Ministry of Finance to enforce compliance with the Estate Administration Tax Act, 1998. In most cases, that person is the grieving spouse or children. R.S.O. 1990, c. E.21, s. 49 (3). 1990, c. E.21, s. 7 (1); 2006, c. 19, Sched. Application of enactments as to probate, etc. 8, s. 6. This is the English version of a bilingual regulation. (14) Where permission to enforce payment of a claim is given, the order shall be filed in the Superior Court of Justice and an execution shall issue as upon a judgment of that court and an order for payment of costs may be entered in the same way. R.S.O. R.S.O. (11) A summons may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section. The person administering the estate (the administrator or executor) must follow the legal requirements of the estate administration process. (3) Where the application or grant is limited to part only of the property of the deceased, it is sufficient to set forth in the statement of value only the property and value thereof intended to be affected by such application or grant. Things you should know about the new Ontario Estate Administration Tax. 1990, c. E.22, s. 2 (3). R.S.O. (2) Except with the approval of the majority of the persons beneficially entitled thereto representing together not less than one-half of all the interests therein, including the Children’s Lawyer acting on behalf of a minor or the Public Guardian and Trustee acting on behalf of a mentally incapable person who has no guardian or attorney for property, no sale of any such real property made for the purpose of distribution only is valid as respects any person beneficially entitled thereto unless the person concurs therein, but, where a minor or a mentally incapable person who has no guardian or attorney for property is beneficially entitled or where there are other persons beneficially entitled whose consent to the sale is not obtained by reason of their place of residence being unknown or where in the opinion of the Children’s Lawyer or the Public Guardian and Trustee, as the case may be, it would be inconvenient to require the concurrence of such persons, the Children’s Lawyer or the Public Guardian and Trustee may, upon proof satisfactory to him or her that the sale is in the interest and to the advantage of the estate of the deceased person and the persons beneficially interested therein, approve the sale on behalf of such minor or mentally incapable person and non-concurring persons, and any such sale made with the written approval of the Children’s Lawyer on behalf of such minor or the Public Guardian and Trustee on behalf of such mentally incapable person is valid and binding upon the minor or mentally incapable person and non-concurring persons, and for this purpose the Children’s Lawyer has the same powers and duties as he or she has in the case of minors and the Public Guardian and Trustee has the same powers and duties as he or she has in the case of mentally incapable persons, but in any case a judge may dispense with the concurrence of the persons beneficially entitled or any or either of them. (2) The question directed to be tried by a jury shall be reduced to writing in such form as the court may direct. 36 (1) It is not necessary for the Government of Ontario or any ministry thereof or any Provincial commission or board created under any Act of the Legislature to give any security for the due performance of its duty as executor, administrator, trustee, committee, or in any other office to which it may be appointed by order of the court or under any Act. 31 (1, 2). R.S.O. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (1) of the Act is amended by striking out “in Form 1” and substituting “in the form prescribed by regulation under subsection (7)”. If you applied for a Certificate of Appointment of Estate Trustee on or before December 31, 2019, please refer to the form and guide Up to December 31, 2019. (2) A personal representative is not liable for failing to distribute property to a person who is entitled by virtue of a relationship traced through a birth outside marriage where, (a) the personal representative makes the inquiries referred to in subsection (1) and the entitlement of the person entitled was not known to the personal representative at the time of the distribution; and. 8, s. 5), Duty of Estate Registrar for Ontario with reference to notices. “will” includes a testament and all other testamentary instruments of which probate may be granted. 15 A notarial will made in the Province of Quebec may be admitted to probate without the production of the original will upon filing a notarial copy thereof together with the other proper proofs to lead grant. Tel: 416-520-6120. Consent to jurisdiction of Superior Court of Justice in certain cases. 1990, c. E.21, s. 29 (4). (3) The Children’s Lawyer or any person beneficially interested in the estate, may, by leave of a judge of the Divisional Court, appear and be heard upon any such appeal. R.S.O. Approval of Children’s Lawyer or of Public Guardian and Trustee. 4 Subject to the other provisions of this Act, in the administration of the assets of a deceased person, his or her real property shall be administered in the same manner, subject to the same liability for debts, costs and expenses and with the same incidents as if it were personal property, but nothing in this section alters or affects as respects real or personal property of which the deceased has made a testamentary disposition the order in which real and personal assets are now applicable to the payment of funeral and testamentary expenses, the costs and expenses of administration, debts or legacies, or the liability of real property to be charged with the payment of legacies. 1990, c. E.21, s. 11 (1). (2) The judge, on passing the accounts of an executor, administrator or trustee under a will of which the trustee is an executor, has jurisdiction to enter into and make full inquiry and accounting of and concerning the whole property that the deceased was possessed of or entitled to, and its administration and disbursement. 40 (1) Where a surety for an administrator or guardian dies or becomes insolvent or where for any other reason the security furnished by an administrator or guardian becomes inadequate or insufficient, the judge may require other or additional security to be furnished, and if it is not furnished as directed by the judge, he or she may revoke the grant of administration or letters of guardianship. Cancellation of bond of administrator in distribution of estate. 1990, c. E.22, s. 11 (4). 1990, c. E.21, s. 36 (1). 1990, c. E.21, s. 23. C, s. 1 (1). Introduction. (5) Subsection (3) ceases to apply if, following the discovery of property belonging to the deceased in the circumstances described in subsection 32 (2), the estate ceases to be a small estate. 1990, c. E.22, s. 2 (1). R.S.O. 19 A person purchasing in good faith and for value real property from a personal representative in a manner authorized by this Act is entitled to hold it freed and discharged from any debts or liabilities of the deceased owner, except such as are specifically charged thereon otherwise than by his or her will, and from all claims of the persons beneficially entitled thereto, and is not bound to see to the application of the purchase money. 10 Nothing in section 9 derogates from any right possessed by an executor or administrator with the will annexed under a will or under the Trustee Act or from any right possessed by a trustee under a will. Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, subsection 52 (1) of the Act is amended by striking out “registrar of the Superior Court of Justice” and substituting “registrar”. (b)  a beneficiary of the estate is incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, whether or not the person has a guardian. Note: On a day to be named by proclamation of the Lieutenant Governor, section 36 of the Act is amended by adding the following subsections: (See: 2020, c. 11, Sched. R.S.O. (3) Not less than seven days notice of the application shall be given to the personal representative and to the Children’s Lawyer if minors are concerned and to such, if any, of the persons beneficially interested in the estate as the judge may direct. 1990, c. E.21, s. 44 (13). C, s. 1 (1). 1990, c. E.21, s. 36 (2); 1997, c. 23, s. 8 (1). 8, s. 2. 1990, c. E.22, s. 9 (6). When a person dies they may leave behind belongings, real estate and other assets which is called their estate. 1990, c. E.21, s. 44 (9). 1990, c. E.22, s. 8 (2). 1990, c. E.21, s. 25. 13 Any person beneficially entitled to any real property affected by the registration or reregistration of a caution may apply to a judge to vacate the registration or reregistration, and the judge, if satisfied that the vesting of any such real property in such person or of any property of the deceased in any other of the persons beneficially entitled ought not to be delayed, may order that the registration or reregistration be vacated as to such property, and every caution, the registration or reregistration of which is so vacated, thereafter ceases to operate. Certificate from Estate Registrar for Ontario. R.S.O. 1990, c. E.22, s. 22 (2); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. Registration of caution after three years from death of testator. 28 Affidavits may be used in proceedings taken under this Act. 1990, c. E.22, s. 17 (1). R.S.O. R.S.O. 1990, c. E.22, s. 6. R.S.O. R.S.O. 1990, c. E.21, s. 26 (2). • Amendments are contained in section 4.1 • The Minister of Revenue now has jurisdiction to enforce the EATA. 22 Upon a caveat being lodged, the registrar shall without delay send a copy thereof to the Estate Registrar for Ontario to be entered among the caveats lodged with him or her, and, upon notice of an application being received from the local registrar of the Superior Court of Justice under section 16, the Estate Registrar for Ontario shall without delay forward to him or her notice of any caveat that has been so lodged touching such application, and the notice shall accompany or be embodied in the certificate mentioned in section 17. R.S.O. R.S.O. (“testament”)  R.S.O. R.S.O. (2) The person to whom such administration is granted has the same powers as an administrator has by virtue of an administration granted to an administrator during minority of the next of kin. 1990, c. E.21, s. 34. R.S.O. (3) This section does not apply to estates tail or to the personal property, except chattels real, of a person who, at the time of death, is domiciled out of Ontario. 43 Where an executor or administrator has produced evidence to the satisfaction of the judge that the debts of the deceased have been paid and the residue of the estate duly distributed, the judge may make an order directing the bond or other security furnished by the executor or administrator to be delivered up to be cancelled, but where a minor was or is entitled to a part of the estate under the distribution, the order shall not be made until after such notice as the judge may direct has been given to the Children’s Lawyer, and where any person who is a patient in a psychiatric facility under the Mental Health Act 11, s. 9), Note: On a day to be named by proclamation of the Lieutenant Governor, Form 3 of the Act is repealed. 16 Except as otherwise provided in this Act, the personal representative of a deceased person has power to dispose of and otherwise deal with the real property vested in the personal representative by virtue of this Act, with the like incidents, but subject to the like rights, equities and obligations, as if the real property were personal property vested in the personal representative. Appointment of expert on examination of accounts. Author: Aboriginal Affairs and Northern Development Canada Date: 2012 QS: QS-4016-001-BB-A1 Catalog: R3-163/2012E-PDF ISBN: 978-1-100-20340-9 PDF Version (4,487 Kb, 24 Pages) . “court” means the Superior Court of Justice; (“cour”), “judge” means a judge of the Superior Court of Justice; (“juge”), “mentally incapable person” means a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian or an attorney for property under a continuing power of attorney for property; (“incapable mental”). 26 (1) Where a minor is sole executor, administration with the will annexed shall be granted to the guardian of the minor or to such other person as the court thinks fit, until the minor has attained the full age of eighteen years, at which time, and not before, probate of the will may be granted to the minor. When a person dies without a Will in Ontario, someone has to apply to the court to be appointed as the estate trustee to administer the deceased estate. An Act to abolish the estate administration tax and provide for related matters. (4) Where a person beneficially entitled is a patient in a psychiatric facility under the Mental Health Act and the Public Guardian and Trustee is his or her guardian of property, the Public Guardian and Trustee may give the concurrence and approval required by subsections (2) and (3). 1990, c. E.22, s. 22 (1); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. No amending legislation available on CanLII. 8, s. 1 (2)), “registrar” means a local registrar of the Superior Court of Justice; (“greffier”), Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 11, Sched. Appointment at request of parties interested. R.S.O. Powers of personal representative over real property. Distribution by order within three years from death. 45 (1) Where any claim or demand not within the meaning of subsection 44 (1) is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, they may serve the claimant with the notice prescribed in the said subsection. ONTARIO REGULATION 310/14. R.S.O. R.S.O. 46 Where the personal representative of a person claims the ownership of any personal property not exceeding in value $800 and the claim is disputed by any other person, the dispute may be determined in a summary manner and section 44 applies with necessary modifications. (6) Where the claim, or the part of it that is contested, amounts to $800 or more, instead of proceeding as provided by this section, the judge shall, on the application of either party, or of any of the parties mentioned in subsection (5), direct the creditor to bring an action for the recovery or the establishment of the creditor’s claim, on such terms and conditions as the judge considers just but, where the claimant and the personal representative consent to have the trial before the judge of the Superior Court of Justice, the trial shall take place and be disposed of before the Superior Court of Justice judge under this section. You may be able to obtain assistance from a lawyer or paralegal. 1990, c. E.21, s. 8 (1). 1990, c. E.21, s. 49 (9). Among persons entitled cases, that person is the grieving spouse or children administration … to serve you, have... Estate representative the Minister of Revenue now has jurisdiction to enforce the attendance of witnesses will. 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