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estate administration act ontario

estate administration act ontario

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R.S.O. 5 Letters of administration shall not be granted to a person not residing in Ontario, but this does not apply to resealing letters under section 52. R.S.O. R.S.O. (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. 39 The oaths and affirmations to be taken by executors, administrators and guardians, and the bonds or other security to be given by administrators and guardians, and probates, letters of administration and letters of guardianship shall require the executor, administrator or guardian to render a just and full account of their executorship, administration or guardianship only when thereunto lawfully required. (9) Where a person has died intestate in Ontario and administration has been granted to some person, not one of the next of kin, and it appears to be doubtful whether the intestate left any next of kin surviving them or that there are no known next of kin resident in Ontario, notice of taking the accounts shall be served upon the Public Guardian and Trustee. 1990, c. E.21, s. 45 (2); 2006, c. 19, Sched. R.S.O. Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 of the Act is amended by adding the following subsection: (See: 2017, c. 20, Sched. R.S.O. 1990, c. E.21, s. 44 (7); 2006, c. 19, Sched. 1990, c. E.21, s. 31. 20 Repealed:  2009, c. 33, Sched. 1990, c. E.22, s. 25 (3). R.S.O. R.S.O. 8, s. 5). 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is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, section 4 of the Act is repealed. (a)  no other application has been filed in respect of the estate; (b)  no notice of objection filed by a person who appears to have a financial interest in the estate is in effect; (c)  on an application where there is a will, there is no will or codicil of a later date than that for which the grant is sought deposited in the Superior Court of Justice; and. (b) the personal representative makes such search of the records of the Registrar General relating to parentage as is available for the existence of persons who are entitled by virtue of a relationship traced through a birth outside marriage and the search fails to disclose the existence of such a person. (3) Subject to section 6, a bond shall not be required in respect of a small estate, unless, (a)  a beneficiary of the estate is a minor; or. Program: Estate Administration Tax - Advisory & Compliance Branch. When a person dies they may leave behind belongings, real estate and other assets which is called their estate. R.S.O. 1990, c. E.22, s. 15 (2); 1994, c. 27, s. 43 (2). C, s. 1 (1). R.S.O. 1990, c. E.21, s. 28; 2006, c. 19, Sched. 1990, c. E.21, s. 29 (4). 8, s. 5), Where application filed in more than one office. (7) The Minister responsible for the administration of this Act may make regulations prescribing forms for the purposes of this section and providing for their use. 1990, c. E.21, s. 48. 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. 1990, c. E.21, s. 21; 2006, c. 19, Sched. 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. 11, s. 9), Estates Administration Act, RSO 1990, c E.22, <, This statute is current to 2019-12-08 according to the, 2. between Jun 22, 2006 and Dec 14, 2009 (past), 1. between Apr 3, 1995 and Jun 21, 2006 (past). 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. R.S.O. 1990, c. E.21, s. 8 (2). 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. 1990, c. E.21, s. 44 (1). (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. 1990, c. E.21, s. 50 (2). 1990, c. E.22, s. 11 (2). R.S.O. 1990, c. E.21, s. 1; 1999, c. 12, Sched. 37 (1) The bond shall be in a penalty of double the amount under which the property of the deceased has been sworn, and the judge may direct that more than one bond be given so as to limit the liability of any surety to such amount as the judge considers proper. 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. R.S.O. (See: 2020, c. 11, Sched. 1990, c. E.22, s. 5. Consent to jurisdiction of Superior Court of Justice in certain cases. “administration” includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for general, special or limited purposes; (“administration”), “common form business” means the business of obtaining probate or administration where there is no contention as to the right thereto, including the passing of probate and administration through the Superior Court of Justice when the contest is terminated, and all business of a non-contentious nature to be taken in the Superior Court of Justice in matters of testacy and intestacy not being a procedure in a suit, and also the business of lodging caveats against the grant of probate or administration; (“forme ordinaire”), Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, the definition of “common form business” in section 1 of the Act is repealed. R.S.O. (d)  on an application where there is no will, there is no will or codicil deposited in the Superior Court of Justice. Ordinary rights of executors, etc., preserved. Introduction. 1990, c. E.21, s. 49 (2). R.S.O. C, s. 1 (1). The person administering the estate (the administrator or executor) must follow the legal requirements of the estate administration process. 12 On every application for probate of a will or for letters of administration where the deceased had no fixed place of abode in or resided out of Ontario at the time of his or her death, the same shall be made to appear by affidavit of the person or one of the persons making the application to the court, and that the deceased died leaving property, or leaving no property in Ontario, as the case may be, and thereupon and upon proof of the will or, in case of intestacy, upon proof that the deceased died intestate, probate of the will or letters of administration, as the case may be, may be granted. 1990, c. E.21, s. 30. R.S.O. R.S.O. R.S.O. R.S.O. Legislative History: 346/19. (2) The administrator so appointed shall give such security as the court may direct, and has all the rights and powers of a general administrator, and is subject to the immediate control of the court. R.S.O. R.S.O. Trustee Act not to apply in certain cases. (b)  where the claim or demand is not presently recoverable, prescribe the time after which the claimant shall proceed pursuant to the directions. 1990, c. E.21, s. 26 (1). ONTARIO REGULATION 310/14. 2, s. 31 (8). 1990, c. E.21, s. 2; 2006, c. 19, Sched. Estate Administration and Probate Lawyers. R.S.O. Administering an Indian Act Estate: General Information for Administrators. 3 The registrar shall file and preserve all original wills of which probate or letters of administration with the will annexed are granted, and all other papers used in any matter in the registrar’s court, subject to such conditions as are prescribed by the rules of court. C, s. 1 (1). Tel: 416-520-6120. 1990, c. E.22, s. 28. In this case the court will make the grant to the person, usually the residuary legatee, with the largest beneficial interest in the estate. 1990, c. E.22, s. 9 (3). C, s. 1 (1). 2, s. 31 (7). Anyone who has, after January 1, 2015, applied for and received a Certificate of Appointment as Estate Trustee from the Superior Court, must file a detailed Estate Information Return with the Ministry of Finance. R.S.O. For example, even under the proposed rules, Ontario’s estate administration fee on a $1-million estate would be $14,250. R.S.O. The 2019 Ontario budget announced two small but important changes to estate administration that are effective January 1, 2020. Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsection: (See: 2020, c. 11, Sched. No amending legislation available on CanLII. Live phone service to 11 pm, 7 days a week. 27 The Lieutenant Governor in Council may appoint a temporary deputy of the Children’s Lawyer for the purposes of this Act who shall have all the powers of the Children’s Lawyer for such purposes. At whose instance executors or administrators compellable to account. R.S.O. R.S.O. 1990, c. E.22, s. 15 (1); 1994, c. 27, s. 43 (2). 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 21 of the Act is repealed. 1990, c. E.21, s. 9 (1); 2006, c. 19, Sched. R.S.O. (“testament”)  R.S.O. 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. 1990, c. E.21, s. 44 (3); 2006, c. 19, Sched. (2) This section applies to property over which a person executes by will a general power of appointment as if it were property vested in the person. does not exceed the preferential share prescribed under subsection 45 (6) of that Act; and. R.S.O. 1990, c. E.21, s. 11 (1). 1990, c. E.22, s. 25 (2). Claim within jurisdiction of Small Claims Court. (2) Subject to subsection (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, or an executor willing and competent to take probate and the persons entitled to administration, or a majority of such of them as are resident in Ontario, request that another person be appointed to be the administrator of the property of the deceased, or of any part of it, the right that such persons possessed to have administration granted to them in respect of it belongs to such person. 1990, c. E.22, s. 16. 29 (1) Subject to subsection (3), where a person dies intestate or the executor named in the will refuses to prove the will, administration of the property of the deceased may be committed by the Superior Court of Justice to. R.S.O. 11, s. 8 (4)). 1990, c. E.21, s. 23. Fees and costs when claim within Small Claims Court jurisdiction. (11) A summons may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section. 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. 49 (1) A guardian appointed by the Superior Court of Justice may pass the accounts of the guardian’s dealings with the estate before the judge of the court by which letters of guardianship were issued. 2, ss. (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. C, s. 1 (1). 1990, c. E.22, s. 8 (1). 1990, c. E.22, s. 24 (2). He has helped executors administer … 11 (1) On every application for probate of a will or for letters of administration where the deceased was resident in Ontario at the time of his or her death, the deceased’s place of abode at the time of his or her death shall be made to appear by affidavit of the person or one of the persons making the application, and thereupon and upon proof of the will or, in case of intestacy, upon proof that the deceased died intestate, probate of the will or letters of administration, as the case may be, may be granted. Our mailing address and address for service is: Miltons Estates Law 200-15 Fitzgerald Road Ottawa, ON CANADA K2H 9G1 The job of an estate trustee is very arduous, and involves a substantial degree of trust, since the person who is appointed will have access and control of all of the assets in the estate. When application may be filed in any office. R.S.O. Certificate from Estate Registrar for Ontario. R.S.O. 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. Protection of purchasers from personal representatives. C, s. 1 (1). 1990, c. E.21, s. 10 (1); 2006, c. 19, Sched. R.S.O. (2) A judge may appoint himself or herself or another judge as local guardian of minors in a county or district during the pleasure of the judge, with authority to give such written approval instead of the Children’s Lawyer, and the Children’s Lawyer and local guardian are subject to such rules as the court may make in regard to their authority and duties under this Act. 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 19 of the Act is repealed. 16 Notice of every application for the grant of probate or administration shall be transmitted by the registrar by registered mail to the Estate Registrar for Ontario by the next post after the application, and the notice shall specify the name and description or addition, if any, of the deceased, the time of his or her death, and the place of the deceased’s abode at his or her decease, as stated in the affidavits made in support of the application, and the name of the person by whom the application is made, and such other particulars as are prescribed by the rules of court. 1990, c. E.21, s. 49 (1); 2006, c. 19, Sched. The Estate Administration Tax Act, 1998 is amended by adding the following section: Application of Act (10) The judge may make an order for the taking of evidence before trial of any material and necessary witness residing in Ontario who is sick, aged or infirm or is about to leave Ontario and provide to whom notice of the examination is to be given. 1990, c. E.21, s. 37 (2). R.S.O. 1990, c. E.21, s. 29 (3). R.S.O. (3) A caution registered or reregistered under this section or under section 11 is effectual only as to the real property mentioned in the caution. 8, s. 1 (3)), “small estate” means an estate that does not exceed the amount prescribed by regulations made under subsection (2); (“petite succession”). R.S.O. 1990, c. E.21, s. 7 (1); 2006, c. 19, Sched. 1990, c. E.22, s. 26. 1990, c. E.22, s. 19. 1990, c. E.22, s. 17 (7). 2020, c. 11, Sched. 8, s. 5), Duty of Estate Registrar for Ontario with reference to notices. Production of instruments purporting to be testamentary. Registration of caution after three years from death of testator. R.S.O. R.S.O. 28 Pending an action touching the validity of the will of a deceased person, or for obtaining, recalling or revoking any probate or grant of administration, the Superior Court of Justice has jurisdiction to grant administration in the case of intestacy and may appoint an administrator of the property of the deceased person, and the administrator so appointed has all the rights and powers of a general administrator, other than the right of distributing the residue of the property, and every such administrator is subject to the immediate control and direction of the court, and the court may direct that such administrator shall receive out of the property of the deceased such reasonable remuneration as the court considers proper. 2020, c. 11, Sched. 1990, c. E.21, s. 8 (1). 23 (1) A purchaser in good faith and for value of real property of a deceased owner that has become vested under section 9 in a person beneficially entitled thereto is entitled to hold it freed and discharged from the claims of creditors of the deceased owner except such of them of which the purchaser had notice at the time of the purchase. R.S.O. C, s. 1 (1). 7 Where an estate or interest of inheritance in real property is vested on a trust or by way of mortgage in a person solely, it, on his or her death, despite any testamentary disposition, devolves to and becomes vested in the person’s executor or administrator in like manner as if it were personal estate vesting in him or her, and accordingly all the like powers for one only of several joint executors or administrators as well as for a single executor or administrator and for all the executors and administrators together to dispose of and otherwise deal with it belong to the deceased’s executor or administrator with all the like incidents but subject to all the like rights, equities and obligations as if it were personal estate vesting in him or her, and for the purposes of this section the executor or administrator of the deceased shall be deemed in law his or her heirs and assigns within the meaning of all trusts and powers. R.S.O. C, s. 1 (1). Powers of personal representative as to leasing and mortgaging. R.S.O. 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. 18 The acceptance by an adult of his or her share of the purchase money in the case of a sale by a personal representative that has been made without the written approval of the Children’s Lawyer or of the Public Guardian and Trustee, where such approval is required, is a confirmation of the sale as to him or her. 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 Real and personal property assimilated in matters of administration may be made notice... 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