Affidavit in Support of Dispensing with Security (ON)

Summary

This precedent is an affidavit in support of dispensing with security, filed by the applicant for a certificate of appointment of estate trustee without a will. It sets out items such as the name of the applicant, the closest living next-of-kin and the estimated value of the deceased's estate at the date of death. It contains practical guidance and drafting notes. Judges have broad discretion to dispense with the requirement that an administration bond be filed. It may be dispensed where a court is satisfied that the applicant will pay the debts of the estate and distribute the assets of the estate in accordance with the law. Where the applicant for a certificate of appointment of estate trustee (with or without a will) seeks to have security dispensed with, an affidavit outlining why a bond may not be necessary in the circumstances, along with a draft order dispensing with security, can be filed as part of the application material. For more information on dispensing with security, see...