Confirmation of Estate Trustees
 74.14.2 (1) This rule applies if, (a) there has been a change of estate trustees as a result of, (i) a devolution of executorship on the death of an estate trustee with a will, (ii) the death of an estate trustee, if one or more surviving estate trustees continue to be authorized to act, or (iii) a court order; or (b) there has been no change of estate trustees. O. Reg. 193/15, s. 11. (2) Confirmation of the status of a person as an estate trustee may be obtained by making a written request to the registrar of the court that issued the applicable certificate of appointment for a court status certificate providing the confirmation, to be signed by the registrar. O. Reg. 193/15, s. 11. (3) If the request is for a court status certificate confirming the status of a person as an estate trustee by devolution of executorship on the death of an estate trustee with a will, the request shall be accompanied by, (a) a copy, certified by the court, of every certificate of appointment of estate trustee issued in relation to that will and not subsequently revoked; (b) a copy, certified by the court, of every certificate of appointment of estate trustee issued in relation to the deceased estate trustee’s will and not subsequently revoked; and (c) an affidavit setting out the circumstances authorizing the person to act as an estate trustee, with proof of death of the deceased estate trustee attached as an exhibit to the affidavit. O. Reg. 193/15, s. 11. (4) If the request is for a court status certificate confirming the status of a surviving estate trustee under a certificate of appointment of estate trustee with a will after the death of another estate trustee appointed by the same certificate of appointment, the request shall be accompanied by an affidavit confirming the death of the estate trustee and the circumstances under which the surviving estate trustee continues to be authorized to act, with proof of death of the deceased estate trustee attached as an exhibit to the affidavit. O. Reg. 193/15, s. 11. (5) If the request is for a court status certificate confirming the person or persons acting as an estate trustee under a certificate of appointment after a court has ordered the appointment, removal or replacement of an estate trustee, the request shall be accompanied by a copy of the order. O. Reg. 193/15, s. 11. Orders for Assistance Kinds of Orders 74.15 (1) In addition to a motion under section 9 of the Estates Act, any person who appears to have a financial interest in an estate may move, Order to Accept or Refuse Appointment (a) for an order requiring any person to accept or refuse an appointment as an estate trustee with a will; (b) for an order requiring any person to accept or refuse an appointment as an estate trustee without a will; Order to Consent or Object to Proposed Appointment (c) for an order requiring any person to consent or object to a proposed appointment of an estate trustee; Order to File Statement of Assets of the Estate (d) for an order requiring an estate trustee to file with the court a statement of the nature and value, at the date of death, of each of the assets of the estate to be administered by the estate trustee; Order for Further Particulars (e) after receiving the statement described in clause (d), for an order for further particulars by supplementary affidavit or otherwise as the court directs; Order to Beneficiary Witness (f) for an order requiring a beneficiary or the spouse of a beneficiary who witnessed the will or codicil, or who signed the will or codicil for the testator, to satisfy the court that the beneficiary or spouse did not exercise improper or undue influence on the testator; Order to Former Spouse (g) for an order requiring a former spouse of the deceased to take part in a determination under subsection 17 (2) of the Succession Law Reform Act of the validity of the appointment of the former spouse as estate trustee, a devise or bequest of a beneficial interest to the former spouse or the conferring of a general or special power of appointment on him or her; Order to Pass Accounts (h) for an order requiring an estate trustee to pass accounts; and Order for Other Matters (i) for an order providing for any other matter that the court directs.  O. Reg. 484/94, s. 12; O. Reg. 248/21, s. 11; O. Reg. 709/21, s. 15 (1-7). Notice of motion (2) A motion under subrule (1) may be made without notice, except a motion under clause (1) (e), which requires 10 days notice to the estate trustee.  O. Reg. 484/94, s. 12. Service (3) An order referred to in subrule (1) and an order for production under section 9 of the Estates Act shall be served by personal service, by an alternative to personal service or as the court directs.  O. Reg. 484/94, s. 12. Examination (4) The court may require any person to be examined under oath for the purpose of deciding a motion under subrule (1).  O. Reg. 484/94, s. 12. Form of Orders (5) An order under subrule (1) shall be in Form 74I. O. Reg. 709/21, s. 15 (8).