Certificate of Appointment of Estate Trustee
 74.04 (1) A person may seek a certificate of appointment of estate trustee by filing an application for a certificate of appointment of estate trustee (Form 74A) together with, (a) proof of service in accordance with subrules (2) to (6) which, despite rule 16.09, shall be in Form 74B (affidavit of service) or 74B.1 (lawyer’s certificate of service); (b) proof of death; (c) a draft certificate of appointment of estate trustee (Form 74C), with a copy of the will, if any, including any codicils, attached to it; (c.1) any court order directing the issuance of the certificate; (d) if there is a will, the original of the will and of any codicils, attached and marked as an exhibit to, (i) if the will or codicil is not in holograph form, (A) an affidavit of execution (Form 74D) of the will or codicil, (B) if the will or codicil contains an alteration, erasure, obliteration or interlineation that has not been attested, an affidavit as to the condition of the will or codicil at the time of execution (Form 74E), or (C) if each of the witnesses to the will or codicil has died or cannot be found, such other evidence of due execution as the court may require, or (ii) if the will or codicil is in holograph form, an affidavit attesting that the handwriting and signature in the will or codicil are those of the deceased (Form 74F); (e) a renunciation (Form 74G), from the following persons: (i) if there is a will, from every living person who is named in the will or codicil as estate trustee who has not joined in the application and is entitled to do so, or (ii) if there is no will, from every person who is entitled in priority or is in equal right to be named as estate trustee and who has not joined in the application; (f) if there is no will, or if there is a will but the applicant is not named as an estate trustee in the will or a codicil, a consent to the applicant’s appointment (Form 74H) by persons who are entitled to share in the distribution of the estate and who together have a majority interest in the value of the assets of the estate at the date of death; (g) in the case of an application for a certificate of appointment of estate trustee with a will limited to the assets referred to in the will, a draft order in Form 74I granting the certificate of appointment; (h) any security required by the Estates Act; and (i) such additional or other material as the court directs. O. Reg. 709/21, s. 5; O. Reg. 435/22, s. 1; O. Reg. 520/22, s. 4. Notification Requirements (2) The applicant shall serve the following documents on every person entitled to share in the distribution of the estate, including charities and contingent beneficiaries: 1. The application for a certificate of appointment of estate trustee (Form 74A), including any attachments. 2. If there is a will, i. in the case of a person entitled only to a specified item of property or a stated or determinable amount of money, a copy of the will and of any codicils, or of the applicable portion of the will or codicils, or ii. in the case of any other beneficiary, a copy of the will and of any codicils. O. Reg. 709/21, s. 5. Minors (3) If a person who is entitled to share in the distribution of the estate is less than 18 years of age, the documents listed in subrule (2) shall not be served on the person but shall instead be served on a parent or guardian and on the Children’s Lawyer. O. Reg. 709/21, s. 5. Unborn or Unascertained Persons (4) If there may be unborn or unascertained beneficiaries, the documents listed in subrule (2) shall also be served on the Children’s Lawyer. O. Reg. 709/21, s. 5. Mentally Incapable Person (5) If a person who is entitled to share in the distribution of the estate is mentally incapable within the meaning of section 6 of the Substitute Decisions Act, 1992
in respect of an issue in the proceeding, the documents listed in subrule (2) shall also be served on, (a) if there is a guardian with authority to act in the proceeding, the guardian; (b) if there is no guardian with authority to act in the proceeding but there is an attorney under a power of attorney with authority to act in the proceeding, the attorney; or (c) if there is neither a guardian nor an attorney with authority to act in the proceeding, the Public Guardian and Trustee. O. Reg. 709/21, s. 5. Children’s Lawyer, Public Guardian and Trustee (6) If under subrule (3), (4) or (5), the documents listed in subrule (2) are required to be served on the Children’s Lawyer or the Public Guardian and Trustee and there is a will, the applicant will serve, in addition to a copy of the will and of any codicils, a statement of the estimated value of the interest in the estate of the adult described in the application as lacking capacity or the minor, as the case may be, if that value is not disclosed in the application. O. Reg. 709/21, s. 5. Method of Service (7) Documents to be served on a person under this rule shall be served by, (a) personal service; (b) e-mail, to the last e-mail address for service provided by the person or, if no such e-mail address has been provided, to the person’s last known e-mail address; or (c) mail or courier, to the person’s last known address. O. Reg. 709/21, s. 5. 74.05 Revoked: O. Reg. 709/21, s. 5. Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will Application 74.05.1 (1) An application for a certificate of appointment of foreign estate trustee’s nominee as estate trustee without a will shall be in Form 74J and shall be accompanied by, (a) a nomination (Form 74K) of the applicant by the estate trustee appointed in the jurisdiction where the deceased was domiciled at the date of death; (b) a copy of the document appointing the foreign estate trustee, certified under the seal of the court that granted it; (c) a certificate under the seal of the court that granted the foreign document, issued within a reasonable amount of time before the date of the application and stating that the foreign document remains effective as of the date of the certificate; (d) the security required by the Estates Act; and (e) such additional or other material as the court directs.  O. Reg. 332/96, s. 3; O. Reg. 709/21, s. 6 (1, 2). Certificate (2) The certificate of appointment of foreign estate trustee’s nominee as estate trustee without a will shall be in Form 74C. O. Reg. 709/21, s. 6 (3). Certificate of Appointment of Succeeding Estate Trustee with a Will Application 74.06 (1) An application for a certificate of appointment of estate trustee to succeed an estate trustee with a will or for a certificate of appointment of estate trustee to succeed an estate trustee with a will limited to the assets referred to in the will shall be in Form 74J, and shall be accompanied by, (a) the original certificate of appointment or, if the original certificate has been lost, a copy of it certified by the court; (b) a renunciation (Form 74G) from every living person who is named in the will or codicil as an estate trustee and who has not joined in the application and is entitled to do so; (c) if the applicant is not named as an estate trustee in the will or codicil, a consent (Form 74H) to the application by persons who are entitled to share in the distribution of the remaining estate and who together have a majority interest in the value of the assets remaining in the estate at the date of the application; (d) in the case of an application for a certificate of appointment of succeeding estate trustee with a will limited to the assets referred to in the will, a draft order (Form 74I) granting the certificate of appointment; (e) any security required by the Estates Act; and (f) such additional or other material as the court directs. O. Reg. 709/21, s. 7. Certificate (2) A certificate of appointment of succeeding estate trustee with a will or certificate of appointment of succeeding estate trustee with a will limited to the assets referred to in the will shall be in Form 74C. O. Reg. 709/21, s. 7.