Appendix B: Summary of Rule 74, Rules of Civil Procedure

Appendix B: Summary of Rule 74, Rules of Civil Procedure2017-03-03T18:35:03+00:00

Rule 74, Rules of Civil Procedure Requirements for COA Applications

With a Will

Rule 74, Rules of Civil Procedure
Requirements for COA Applications

Without a Will

·       74.04 = An application is in form 74.4 or 74.5 and requires:

o   Name, address and last occupation of deceased
o   Place and date of death
o   Date of last will and any codicils
o   Age of deceased at date of will
o   Marital status of deceased, married or divorced after will
o   Is witness also a beneficiary?
o   Value of assets (net value of real property)
o   Are there beneficiaries other than applicant?
o   Explain why applicant entitled to apply (if not named as executor)

·       An application must be accompanied by:
o   original will and any codicils
o   notice of application to all beneficiaries (notice to OPGT and Children’s Lawyer where appropriate)
o   affidavit of service of notice of application
o   affidavit of execution of will
o   for holograph wills, additional affidavit re handwriting and signature
o   for wills with any alterations, additional affidavit as to condition of will at time of execution
o   renunciation from any other person named as estate trustee in the will
o   if applicant not named in will, consent to COA by beneficiaries entitled to majority of assets
o   draft order granting COA (where assets named in will)
o   administration bond where applicant is not named in will or is outside Ontario

·       74.06 = rules for successors to estate trustees

·       74.11 = where applicant is non-resident or not named in will, rules for obtaining administration bond

·       74.12 = procedure on applications for COA. Court must receive from Estate Registrar certification that: (1) no other application has been filed (2) that there is no notice of objection and (3) there is no other relevant will deposited with the Registrar.

·       74.13 = rules for payment of estate administration tax

·       74.14 = Registrar may issue a COA unless application is not complete or there is some doubt as to the information, in which case application referred to judge

·       74.15 = provision for beneficiaries to seek court orders such as requiring applicant to provide a statement of assets of estate or requiring ET to pass accounts

·       74.05 = An application is in form 74.14 and requires:
o   Name, address and last occupation of deceased
o   Place and date of death
o   Applicant’s belief that there is no will
o   Marital status of deceased, other marriages or divorces
o   Persons entitled to share in estate and relationship to deceased
o   Value of assets (net value of real property)
o   Explain why applicant entitled to apply (s.29 Estates Act – order of those entitled to apply)

·       An application must be accompanied by:
o   notice of application to all beneficiaries (notice to OPGT and Children’s Lawyer where appropriate)
o   affidavit of service of notice of application
o   renunciation from any person who is prior to applicant
o   consent to COA by beneficiaries entitled to majority of assets
o   administration bond

·       74.05.1 rules for nominees of foreign estate trustees

·       74.07 = rules for successors to estate trustees

·       74.11 = rules for obtaining administration bond

·       74.12 = procedure on applications for COA. Court must receive from Estate Registrar certificates that: (1) no other application has been filed (2) that there is no notice of objection and (3) there is no other relevant will deposited with the Registrar.

·       74.13 = rules for payment of estate administration tax

·       74.14 = Registrar may issue a COA unless application is not complete or some doubt as to the information, in which case application referred to judge

·       74.15 = provision for beneficiaries to seek court orders such as requiring applicant to provide a statement of assets of estate or requiring ET to pass accounts 

 

 

 

 

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