estate administration act ontario

(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. 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 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. Estate Administration Tax Act, 1998. 1990, c. E.21, s. 32 (2). R.S.O. R.S.O. R.S.O. R.S.O. 42 Where an executor or administrator has passed their final account and has paid into court or distributed the whole of the property of the deceased that has come to their hands, the judge may direct the bond or other security furnished by the executor or administrator to be delivered up to be cancelled. C, s. 1 (1); 2009, c. 33, Sched. Consolidation Period: From November 14, 2017 to the e-Laws currency date. (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. 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. R.S.O. (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. Consolidation Period: From November 14, 2017 to the e-Laws currency date. 1990, c. E.22, s. 25 (1). R.S.O. R.S.O. One of the pieces of legislation governing estate administration in Ontario is the Estates Administration Act. R.S.O. 1990, c. E.21, s. 25. 2, s. 31 (9). 1990, c. E.21, s. 24. 11, s. 8 (4)). (d)  on an application where there is no will, there is no will or codicil deposited in the Superior Court of Justice. 1990, c. E.21, s. 49 (3). Definitions. Application by claimant for order for directions. The 2019 Ontario budget announced two small but important changes to estate administration that are effective January 1, 2020. 1990, c. E.21, s. 44 (8). Estate Information Return This return is to be completed in addition to an application for a certificate of appointment of estate trustee submitted to the Courthouse (Ministry of the Attorney General). 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. R.S.O. Introduction. This statute is current to 2019-12-08 according to the, 2. between Mar 9, 2005 and Jun 21, 2006 (past), 1. between Jan 1, 2004 and Mar 8, 2005 (past). 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. Estate administration in Ontario can be a complex legal process. R.S.O. (3) Nothing in the section prejudices the right of any person to follow the property, or any property representing it, into the hands of any person other than a purchaser in good faith and for value, except that where there is no presumption or court finding of the parentage of a person born outside marriage until after the death of the deceased, a person entitled by virtue of a relationship traced through the birth is entitled to follow only property that is distributed after the personal representative has actual notice of an application to establish the parentage or of the facts giving rise to a presumption of parentage. Certificate from Estate Registrar for Ontario. 1990, c. E.21, s. 44 (3); 2006, c. 19, Sched. R.S.O. 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 47 (1) of the Act is amended by striking out “local registrar of the Superior Court of Justice” at the end and substituting “registrar”. 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. (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. Other terms for estate representative include estate trustee, executor, liquidator and administrator. 8, s. 3), Administration not to be granted to non-resident. 2, s. 31 (7). 1990, c. E.22, s. 24 (2). B, s. 36. 2020, c. 11, Sched. 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. 50 (1) An executor or an administrator shall not be required by any court to render an account of the property of the deceased, otherwise than by an inventory thereof, unless at the instance or on behalf of some person interested in such property or of a creditor of the deceased, nor is an executor or administrator otherwise compellable to account before any judge. Depository for the wills of living persons. Simply put, if an estate trustee does not deal with real property owned by an estate within three years of the … 25 (1) If a child of an intestate has been advanced by the intestate by settlement or portion of real or personal property or both, and the same has been so expressed by the intestate in writing or so acknowledged in writing by the child, the value thereof shall be reckoned, for the purposes of this section only, as part of the real and personal property of the intestate to be distributed under this Act, and if the advancement is equal to or greater than the amount of the share that the child would be entitled to receive of the real and personal property of the intestate, as so reckoned, then the child and his or her descendants shall be excluded from any share in the real and personal property of the intestate. 17 Unless upon special order of the court, no probate or administration shall be granted until the registrar has received a certificate under the hand of the Estate Registrar for Ontario that no other application appears to have been made in respect of the property of the deceased, which certificate the Estate Registrar for Ontario shall forward as soon as may be to the registrar. R.S.O. 8, s. 6. This Toronto office is a boutique litigation law firm whose practice is focused on estate and commercial litigation. R.S.O. Search for children born outside marriage. 2, s. 31 (6). R.S.O. 11, s. 8, 9. 2, s. 31 (11). 1990, c. E.21, s. 14 (1). (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. (2) This section applies despite any provision to the contrary of any bond or security heretofore given by the executor or administrator. Evaluation of subsequently discovered property. 1990, c. E.21, s. 52 (3); 2006, c. 19, Sched. R.S.O. R.S.O. 25 When an executor survives the testator, but dies without having taken probate, and when an executor is summoned to take probate, and does not appear, the executor’s right in respect of the executorship wholly ceases, 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. R.S.O. 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. R.S.O. 8, s. 5), Where application filed in more than one office. Notice of taking accounts to be served on Public Guardian and Trustee. 1990, c. E.22, s. 23 (1). 1990, c. E.22, s. 8 (1). R.S.O. (c) upon the expiration of such three-year period where no certificate of pending action or caution has been registered, subsection 21 (2) and section 23 apply as if such real property had become vested in the person beneficially entitled thereto under section 9. C, s. 1 (1). (2) The judge may at any time under special circumstances reduce the amount of or dispense with the bond. R.S.O. 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. 28 Affidavits may be used in proceedings taken under this Act. R.S.O. C, s. 1 (1). Fees and costs when claim within Small Claims Court jurisdiction. Recent revisions to the Estate Administration Tax Act (Ontario), under which the Province charges tax of approximately 1.5% of the value of an estate when a will is probated by the court (colloquially “probate fees”), should be of concern to everyone because of the new reporting, enforcement and penalty provisions in the Act, explains Susannah B. Roth of O’Sullivan Estate Lawyers. R.S.O. 1990, c. E.21, s. 22; 2006, c. 19, Sched. 8, s. 6. 21 Caveats against the grant of probate or administration may be lodged with the Estate Registrar for Ontario or with the local registrar of the Superior Court of Justice. Estate Registrar for Ontario to file notices. 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. C, s. 1 (1). (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. 1990, c. E.21, s. 45 (3); 1994, c. 27, s. 43 (2). R.S.O. 1990, c. E.21, s. 5. ONTARIO REGULATION 310/14. 11, s. 8 (1)). 1990, c. E.22, s. 3. • Amendments are contained in section 4.1 • The Minister of Revenue now has jurisdiction to enforce the EATA. “will” includes a testament and all other testamentary instruments of which probate may be granted. R.S.O. 1990, c. E.22, s. 11 (3). It will be used by the Ministry of Finance to enforce compliance with the Estate Administration Tax Act, 1998. When application may be filed in any office. 1990, c. E.21, s. 12. (2) Within the time limits mentioned in subsection 44 (2), the claimant may, upon filing with the registrar a statement of their claim verified by affidavit and a copy of the notice of contestation, apply to the judge of the Superior Court of Justice for an order for directions as to the disposition of the claim or demand, and if the claimant does not make the application, the claimant shall be deemed to have abandoned the claim, and it is forever barred. Legislative History: 346/19. 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. 14 (1) If the next of kin, usually residing in Ontario and regularly entitled to administer, is absent from Ontario, the court having jurisdiction may grant a temporary administration to the applicant, or to such other person as the court thinks fit, for a limited time, or subject to be revoked upon the return of such next of kin to Ontario. 8, s. 6). 17 (1) The powers of sale conferred by this Act on a personal representative may be exercised for the purpose not only of paying debts but also of distributing or dividing the estate among the persons beneficially entitled thereto, whether there are or are not debts, and in no case is it necessary that the persons beneficially entitled concur in any such sale except where it is made for the purpose of distribution only. C, s. 1 (1). In this case the court will make the grant to the person, usually the residuary legatee, with the largest beneficial interest in the estate. Where deceased had no fixed place of abode in Ontario. In Ontario, an estate trustee is the only person with the legal authority to manage or distribute an estate. What is Estate Administration Tax Estate Administration Tax, commonly referred to as probate tax or probate fees, is payable on the gross value of a deceased’s worldwide estate (less any (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. (“représentant successoral”)  R.S.O. 1990, Chapter E.22. 2020, c. 11, Sched. 8, s. 5), Duty of Estate Registrar for Ontario with reference to notices. 2017, c. 20, Sched. R.S.O. R.S.O. C, s. 1 (1). Powers of executors and administrators as to selling and conveying real estate. 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. You can apply for probate in the O… R.S.O. 12 Where a caution has been registered or reregistered under any enactment repealed and not re-enacted by this Act and is still in force, such caution has the same effect as if such enactment had not been repealed and may be registered in the manner provided by section 9. 1990, c. E.21, s. 42. R.S.O. Ordinary rights of executors, etc., preserved. C, s. 1 (1). (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. 1990, c. E.21, s. 45 (7); 1994, c. 27, s. 43 (2). R.S.O. R.S.O. R.S.O. 1990, c. E.21, s. 44 (10). Temporary administration in certain cases. Probate is a procedure to ask the court to: 1. give a person the authority to act as the estate trustee of an estate; or 2. confirm the authority of a person named as the estate trustee in the deceased’s will 3. formally approve that the deceased’s will is their valid last will. B, s. 6; 2006, c. 19, Sched. 1990, c. E.22, s. 11 (1); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. The regulations governing the probate process changed significantly on January 1, 2015. Consolidation Period: From July 8, 2020 to the e-Laws currency date. (d) in the absence and in lieu of such consent, an order of the court, or the certificate of the Children’s Lawyer or of the Public Guardian and Trustee, as the case may be, authorizing the caution to be registered or reregistered, which order or certificate the judge, the Children’s Lawyer or the Public Guardian and Trustee may make with or without notice on such evidence as satisfies him or her of the propriety of permitting the caution to be registered or reregistered, and the order or certificate to be registered does not require verification and shall not be rendered null by any defect of form or otherwise. (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.21, s. 29 (4). Things you should know about the new Ontario Estate Administration Tax. For many seniors, whose Wills stipulate that they will act as their spouse’s executors, this is an important new law. 2020, c. 11, Sched. In Alberta, the probate fee on an estate of the same value would be $525. B, s. 36; 2006, c. 19, Sched. 1990, c. E.22, s. 11 (2). (See: 2020, c. 11, Sched. R.S.O. 1990, c. E.22, s. 2 (3). R.S.O. 1990, c. E.22, s. 18; 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 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. 2020, c. 11, Sched. R.S.O. R.S.O. Last amendment: 346/19. 1990, c. E.21, s. 32 (3). 1990, c. E.22, s. 11 (4). R.S.O. (2) When after the grant of probate or letters of administration any property belonging to the deceased at the time of his or her death and not included in such statement of total value is discovered by the executor or administrator, they shall, within six months thereafter, deliver to the registrar a true statement of the total value, duly verified by oath or affirmation, of such newly discovered property. Our mailing address and address for service is: Miltons Estates Law 200-15 Fitzgerald Road Ottawa, ON CANADA K2H 9G1 2, s. 31 (10). 31 (3-5). 1 In this Act, “court” means the Superior Court of Justice; (“cour”) “judge” means a … 2, ss. 1990, c. E.21, s. 38. Proof, etc., requisite for obtaining grant to party not next of kin to intestate. Estate Administration Tax Act Amended • Amended by Bill 173, Better Tomorrow for Ontario Act (Budget Measures), 2011 • In effect January 1, 2013. (4) The judge shall make such order upon the application for directions as he or she considers just and, in particular but without limiting the generality of the foregoing, the judge may, (a)  direct the claimant to bring an action for the recovery or establishment of their claim on such terms and conditions as the judge considers just; and. 1990, c. E.21, s. 18. Our staff can't provide legal advice, interpret the law or conduct research. C, s. 1 (1). 1990, c. E.21, s. 19; 2006, c. 19, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, Form 1 of the Act is repealed. 1990, c. E.21, s. 8 (1). (2) A bond shall not be required where the administration on an intestacy is granted to the surviving spouse of the deceased and where, (a)  the net value of the estate as computed for the purposes of section 45 of the Succession Law Reform Act “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. 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)”. Preservation of testamentary instruments, etc. 8, s. 6. 17 If the registrar determines that an 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 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. 11, s. 8 (2)). 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