Application for Certificate without a Will

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 759-774

759

Chapter 42 Application for Certificate without a Will

CHAPTER 42

APPLICATION

FOR CERTIFICATE

WITHOUT A WILL

is chapter discusses the steps and documents required when applying to the court for obtaining

a certicate of appointment of estate trustee after a person dies without leaving a will.

APPLICATION FOR A CERTIFICATE OF APPOINTMENT OF

ESTATE TRUSTEE, FORM 74A

When a deceased dies without leaving a will, the estate of the deceased is said to be an

intestate estate. Your rm les with the court an application for a certicate of appoint-

ment of estate trustee, Form 74A, on behalf of the deceased’s estate. You must indicate by

checking the box on the application, Precedent 42.1, that you are applying for a certicate of

appointment of estate trustee without a will. e certicate of appointment of estate trustee

without a will enables the estate trustee without a will to deal with the deceased’s estate. e

information provided in Chapter 41 as to obtaining information from the estate trustee,

record-keeping for any out-of-pocket expenses, estate trustee fee entitlement, value of estate,

and instructions on how to calculate the value of an estate applies equally to intestate estates.

CHAMBERS, Joyce Marie

Re: Estate

Joyce Marie Chambers died intestate on April 30; she is survived by her spouse, George

Chambers; her son, William Chambers; and her daughter, Grace Wilson. Although George

Chambers is rst in line to apply for a certicate of appointment of estate trustee, he has

renounced his right, Precedent 42.3, and has consented, Precedent 42.4, to appointing his

daughter, Grace Wilson.

We have prepared the application for a certicate of appointment of estate trustee without a will,

Precedent 42.1. We have also prepared the adavit of service of application, Precedent 42.2.

We have prepared the bond, Precedent 42.5. We have also prepared the certicate of appoint-

ment of estate trustee without a will, Precedent 42.6. Once the court approves the certicate,

Grace Wilson will have authority to distribute the estate according to the provisions of the

Succession Law Reform Act.

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.

760 Legal Office Procedures

PREPARATION AND DISTRIBUTION OF APPLICATION FOR A CERTIFICATE

OF APPOINTMENT OF ESTATE TRUSTEE, FORM 74A

You require: e proof of death certicate and the calculations for the value of the deceased’s

estate. Follow along in Precedent 42.1. Most entries are self-explanatory. Notes on items not

self-explanatory follow:

Information about the deceased: Provide the name of the deceased. If the deceased was

commonly known by another name, also provide that name, e.g. John Smith, also known as

Babe Arnold. Key in the county, district, or regional municipality where the deceased resided.

Helpful notes about spousal relationships: Marriage – only married spouses are entitled to

benet under the deceased’s estate. Divorce – a surviving ex-spouse has no right to the property

of the deceased ex-spouse and is deemed to have died before the deceased ex-spouse. Separation

– there are no property rights on death when spouses have separated but not divorced (whether

the deceased dies with or without a will). If the deceased and their spouse were legally married but

were separated, and at the time of death living separate and apart as a result of the breakdown of

their marriage, the separation is treated as if the spouses were divorced. Common-law spouses –

common-law spouses (persons living in a conjugal relationship outside marriage) do not inherit

any property of their common-law spouse unless it was left to them in a will.

Entitlement to apply: Check all boxes that apply. Use the “Other” box to explain the appli-

cant’s entitlement to apply. Check boxes for renunciations and consents as required.

Beneciaries: List the persons entitled to a share of the estate. Such persons are determined by

the provisions of the Succession Law Reform Act, as set out in the summary of line of inheritance

in Chapter 40.

Adavit of applicant: Key in the name, occupation, and contact information. Complete the

jurat to be sworn in person or by video conference.

Number of copies, minimum 2: Have estate trustee sign 1, which you send to court; keep 1 in

client’s le.

AFFIDAVIT OF SERVICE OF APPLICATION FOR A CERTIFI-

CATE OF APPOINTMENT OF ESTATE TRUSTEE, FORM 74B

e adavit of service of application for a certicate of appointment of estate trustee, Form 74B,

Precedent 42.2, is proof that the application for a certicate of appointment of estate trustee has

been served. e application may be served by e-mail, mail, courier, or personal service. Before

ling the application in court, you must serve it on all persons entitled to share in the estate.

e adavit of service sets out the specic parties to whom the application is to be served: for

example, if there are any persons under the age of eighteen years (minors), the application is to be

served on the parent or guardian of each minor as well as on the Children’s Lawyer. e adavit

of service may be sworn in person or by video conference. You must le the sworn adavit of

service in court, together with the application.

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.