Fillable Rcp 74 4-e (Collège Boréal)

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Rcp 74 4-e (Collège Boréal)

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BROWSE COLLèGE BORéAL FORMS

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RCP-74-4-E (2018/09) Page 1 of 4
FORM 74.4
Courts of Justice Act
APPLICATION FOR CERTIFICATE OF APPOINTMENT OF ESTATE TRUSTEE
WITH A WILL (INDIVIDUAL APPLICANT)
ONTARIO
SUPERIOR COURT OF JUSTICE
at
This application is filed by (insert name and address)
DETAILS ABOUT THE DECEASED PERSON
Complete in full as applicable
First given name Second given name Third given name Surname
And if the deceased was known by any other name(s), state below the full name(s) used including surname.
First given name Second given name Third given name Surname
Date of birth of the deceased person, if known: (day, month, year)
Address of fixed place of abode (street or postal address) (city or town)
(county or district)
If the deceased person had no fixed
place of abode in Ontario, did he or she
have property in Ontario?
No Yes
Last occupation of deceased person
Place of death (city or town; county or district) Date of death
(day, month, year)
Date of last will
(marked as Exhibit “A”)
(day, month, year)
Was the deceased person 18 years of age or older at the date
of the will (or 21 years of age or older if the will is dated earlier
than September 1, 1971)?
No Yes
If not, explain why certificate is being sought. Give details in an attached schedule.
RCP-74-4-E (2018/09) Page 2 of 4
Date of codicil (marked as Exhibit “B”)
(day, month, year)
Date of codicil (marked as Exhibit “C”)
(day, month, year)
Marital Status
Unmarried Married Widowed Divorced
Did the deceased person marry after the date of the will?
No Yes
If yes, explain why certificate is being sought. Give details in
an attached schedule.
Was a marriage of the deceased person terminated by a
judgment absolute of divorce, or declared a nullity, after the
date of the will?
No Yes
If yes, give details in an attached schedule.
Is any person who signed the will or a codicil as witness or for the
testator, or the spouse of such person, a beneficiary under the will?
No Yes
If yes, give details in an attached schedule.
VALUE OF ASSETS OF ESTATE
Note:
• Under “Real estate, net of encumbrances”, do not include any real estate in
Ontario that is held jointly and passes by survivorship or any real estate
outside Ontario.
• Under “Personal Property”, do not include money or property held jointly and
passing by survivorship (such as a bank account), or money or property to
which a person is entitled by virtue of a beneficiary designation under, for
example, a life insurance contract, a registered pension plan, a registered
retirement savings plans, a registered retirement income fund, a life income
fund, a locked-in retirement account or a tax free savings account.
$
Personal property
$
Real estate, net of
encumbrances
$
Total
Is there any person entitled to an interest in the estate who is
not an applicant?
No Yes
If a person named in the will or a codicil as estate trustee is not an applicant, explain.
RCP-74-4-E (2018/09) Page 3 of 4
If a person not named in the will or a codicil as estate trustee is an applicant, explain
why that person is entitled to apply.
If the spouse of the deceased is an applicant, has the spouse elected
to receive the entitlement under section 5 of the Family Law Act?
No Yes
If yes, explain why the spouse is entitled to apply.
AFFIDAVIT(S) OF APPLICANT(S)
(Attach a separate sheet for additional affidavits, if necessary)
I, an applicant named in this application, make oath and say/affirm:
1. I am 18 years of age or older.
2. The exhibit(s) referred to in this application
are the last will and each codicil (where
applicable) of the deceased person and I
do not know of any later will or codicil.
3. I will faithfully administer the deceased
person’s property according to law and
render a complete and true account of my
administration when lawfully required.
4. If I am not named as estate trustee in the
will or codicil, consents of persons who
together have a majority interest in the
value of the assets of the estate at the
date of death are attached.
5. The information contained in this
application and in any attached schedules
is true, to the best of my knowledge and
belief.
Name (surname and forename(s)) Occupation
Address (street or postal address)
(city or town) (province) (postal code)
RCP-74-4-E (2018/09) Page 4 of 4
Sworn/Affirmed before me at the
of
in the
of
this day of , 20
A Commissioner for taking Affidavits (or as may be)
Signature of applicant
Name (surname and forename(s)) Occupation
Address (street or postal address)
(city or town) (province) (postal code)
Sworn/Affirmed before me at the
of
in the
of
this day of , 20
A Commissioner for taking Affidavits (or as may be)
Signature of applicant
Notice to applicant: Information provided on this form related to
the payment of estate administration tax may be forwarded to the
Ministry of Finance pursuant to clause 39(1)(b) and 42(1)(c) of the
Freedom of Information and Protection of Privacy Act. This
includes the name of the deceased, name and address of estate
trustee(s), value of the estate and any undertakings and tax
payments made or refunded. This information will be used by the
Ministry of Finance to determine the value of estates and the
amount of estate administration tax payable. Questions about the
collection of this information should be directed to the Senior
Manager – Audit, Advisory and Compliance Branch, 33 King
Street West, PO Box 625, Oshawa ON L1H 8H9, 1-866-668-8297.
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Rcp 74 4-e (Collge Boral)

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Completed 21 July 2020

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