When an individual passes away without a will in one country but owns property in Ontario, Canada, the Rcp E 74 20 1 form plays a critical role in managing their estate. Known formally as the Application for Certificate of Appointment of a Foreign Estate Trustee's Nominee as Estate Trustee Without a Will, this document is essential for those seeking to act on behalf of the deceased within Ontario. The process necessitates a comprehensive understanding of the form, which mandates detailed information about the deceased, including their full name, any aliases, the details surrounding their death, and their last known address. Additionally, it requires specifics regarding the foreign certificate that designates the trustee, the value of the deceased's assets both globally and within Ontario, and sworn affidavits from the applying nominees. These nominees, appointed in the jurisdiction where the deceased was domiciled at the time of death, affirm their commitment to faithfully administer the estate according to law. This form, a crucial document under Ontario's Courts of Justice Act, underscores the nominee's responsibility in ensuring a lawful and orderly administration of the estate assets located in Ontario, even in the absence of a will.
| Question | Answer |
|---|---|
| Form Name | Form Rcp E 74 20 1 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | RCP_E_74.20.1_1 105_ODA ontario superior court of justice form 7420 |
FORM 74.20.1
Courts of Justice Act
APPLICATION FOR CERTIFICATE OF APPOINTMENT
OF A FOREIGN ESTATE TRUSTEE'S NOMINEE AS ESTATE TRUSTEE WITHOUT A WILL
APPLICATION FOR CERTIFICATE OF APPOINTMENT
ONTARIO
OF A FOREIGN ESTATE TRUSTEE'S NOMINEE AS
SUPERIOR COURT OF JUSTICE
at
This application is filed by (insert name)
ESTATE TRUSTEE WITHOUT A WILL
(Form 74.20.1 Under the Rules)
DETAILS ABOUT THE DECEASED PERSON
Complete in full as applicable
First given name |
Second given name |
Third given name |
Surname |
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And if the deceased was known by any other name(s), state below the full name(s) used including surname. |
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First given name |
Second given name |
Third given name |
Surname |
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Address (street or postal address) (city or town) (province or state) (country)
Place of death |
Date of death |
(city or town; country) |
(day, month, year) |
Country of domicile
PARTICULARS OF FOREIGN CERTIFICATE
Country (and province or state if
applicable) where issued
Issuing court
Date issued
(day, month, year)
TOTAL VALUE OF ASSETS OF ESTATE
Total
$
VALUE OF ASSETS LOCATED IN ONTARIO
Personal property
Real estate,
net of encumbrances
Total
$
$
$
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 the nominee of the foreign estate trustee appointed in the |
4. |
I will faithfully administer the deceased person's property according to |
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jurisdiction where the deceased was domiciled at the date of |
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law and render a complete and true account of my administration |
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death. |
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when lawfully required. |
2. |
A copy of the document appointing the foreign estate trustee, |
5. |
The information contained in this application and in any attached |
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certified by the court that issued it, is marked as Exhibit "A" to |
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schedules is true, to the best of my knowledge and belief. |
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this affidavit. |
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3.I am 18 years of age or older.
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 ………………………………………………………………………..
Signature of applicant
this ……………... day of ……...………………….………. , 20………
A Commissioner for taking Affidavits (or as may be)
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 ………………………………………………………………………..
Signature of applicant
this ……………... day of ………...……………….………. , 20………
A Commissioner for taking Affidavits (or as may be)