Sample Cover Letter (Application for a Certificate of Appointment of Estate Trustee without a Will) (ON)

Summary

This precedent is a sample cover letter for an application for certificate of appointment of estate trustee without a will. It sets out the documents that are included in the application, such as a notarial copy of the death certificate, an order already issued by the court directing the issuance of the certificate, and an affidavit attesting to service of the application. It contains practical guidance and drafting notes. The court will not issue a Certificate unless concerted efforts have been made to locate any will that may exist. This involves: making inquiries of the deceased's next of kin; searching the deceased's home, safety deposit box or anywhere else important papers might be stored; contacting any lawyer, firm or trust company with whom the deceased may have dealt; placing an advertisement in the Ontario Reports seeking anyone having knowledge of a will; and/or searching will registries, including the Canada Will Registry available through NoticeConnect and Will Check, a ...