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FORM 74A

Courts of Justice Act


ONTARIO
SUPERIOR COURT OF JUSTICE

APPLICATION FOR A CERTIFICATE OF APPOINTMENT OF


ESTATE TRUSTEE

Christina Schinkopf is applying for the following certificate in relation to the estate of the
deceased described in Part 1 of this application below: (select one)

Certificate of Appointment of Estate Trustee with a Will


Certificate of Appointment of Estate Trustee with a Will Limited to the Assets Referred to
in the Will
X Certificate of Appointment of Estate Trustee without a Will

PART 1 – INFORMATION ABOUT THE DECEASED

First name Second name Third name Surname


Jaycub Michel Francis Schinkopf
Alternate names (if any are identified in the Will or other document state below the full names includi

Date of Death Place of Deceased Deceased owned property Date of Birth


death resided in in Ontario (real estate
Ontario and/or personal property)
01-05-2024 North Bay,ON Yes owned personal property 04-08-2000

The deceased was 18 years of age or older on the date the Will was executed Yes
If no, explain here or in an attached schedule why the deceased was authorized to make a Will (i.e., leg
provision):______________________________________________________________.

Marital Status at date of death (check all that apply)


X Not married Married Common Law Partner Separated Widowed Divorced

Deceased’s Residence at the time of death:


Street address 249 King West
City or town North Bay
County or district Nippissing
Province/State Ontario
Postal code/Zip code P1B 5Z9
Country Canada

PART 2 – INFORMATION ABOUT THE DECEASED’S TESTAMENTARY DOCUMENTS

Deceased died with a Will Date of Will (if any) Date of Codicil(s) (if any)
NO [DD/MM/YYYY] [DD/MM/YYYY]
(Insert an additional row for each
codicil, as needed)

If the date for a Will or codicil is missing, explain here or in an attached schedule how
the date was
determined:____________________________________________________________
__________.

PART 3 and 4 – STATEMENT OF ASSETS

Identify the total value of assets owned by the deceased at the date of death below.

PART 3 – REAL PROPERTY Value


(The value of the real estate should be net of encumbrances such as mortgages. at date of death
Do not include any real estate in Ontario that is held jointly and passes by
survivorship or any real estate outside Ontario)
Total value of all real property $

PART 4 – PERSONAL PROPERTY Value


(Examples of personal property include household effects, bank accounts, at date of death
investments, etc. Do not include money or property held jointly and passing by
survivorship or money or property to which a person is entitled under a
beneficiary designation under, for example, a life insurance contract, a registered
pension plan, a registered retirement savings plan, a registered retirement
income fund, a locked-in retirement account or a tax free savings account.)

BMO accunt
Samsung SM-S901W cell phone
self built gaming PC Computer

$9200

Total value of all personal property


TOTAL VALUE OF ESTATE $9200
(Total value of all real property + Total value of all personal property)

PART 5 – ENTITLEMENT TO APPLY


For multiple applicants, reproduce this section for each applicant and state applicant
name(s) before each reproduced section.

I am entitled to apply to the court for the above-mentioned certificate because:


(Check all that apply. You can delete the statements that do not apply.)
X I am 18 years of age or older.
I am named as an estate trustee in the deceased’s Will or codicil dated (insert
date).
I am named as an alternate estate trustee in the deceased’s Will or codicil dated
(insert date).
I am appointed as estate trustee pursuant to a court order dated (insert date)
(attach court order).
I am not named as an estate trustee in a Will or codicil of the deceased, AND
(Check all that apply below)
X I am an Ontario resident.
I was legally married to the deceased at the time of death and I have not
elected to receive an entitlement under s. 5 of the Family Law Act.
I was living with the deceased in a conjugal relationship other than
marriage at the time of death.
X I am the deceased’s Mother
Other:
_________________________________________________________
_____.
The applicant is a Corporation and the circumstances of the Corporation’s
entitlement to apply are as follows:
_____________________________________________________ (attach
additional pages if required).
All other persons entitled to apply for a certificate of appointment of estate
trustee have renounced their right to do so. Identify any other person(s) who
have a right to apply: Andre Schinkopf
A renunciation (Form 74G) for each of them will be filed together with this
application.
I am not named as an estate trustee in the Will or codicil or there is no Will.
However, consents of persons who together have a majority interest in the
value of the assets of the estate at the date of death will be filed together with
this application.
I am not automatically entitled to apply. I request a court order on consent
pursuant to the Estates Act section 29(3) granting me a certificate of
appointment of estate trustee (i.e., special circumstances). The basis for this
request is as follows:
______________________________________________________________
______________________________________________________________
______________________
(attach additional pages if required).
The estate trustee(s) (insert estate trustee name(s)) named in the Will is (are) not applying
because they
died renounced their right to apply to act as estate trustee
is (are) mentally incapable is (are) under the age of eighteen years
other
If one or more of the five boxes above is checked, provide details here. For example, date
of death of the named estate trustee, if known, whether renunciation is attached, evidence
of mental incapacity or that a supporting affidavit is filed regarding this issue and/or date of
birth of estate trustee named in the Will:
________________________________________________________________________
____

The Will includes a provision that makes the appointment of the estate trustee
conditional upon the named estate trustee surviving the deceased for a specified period
of time Yes No
If yes, the specified period of time is (insert amount of time in days) and it has ended.
This time period ended on (insert date).

PART 6 – BENEFICIARIES

If the beneficiary’s name includes a middle name, provide the middle name in the first
name column.

If the beneficiary’s name in the Will is different from the name stated in this application
(below in paragraphs 1, 2 or 3), in the row beneath the name, provide the name in the
Will and explain the reason for the difference.

1. Persons less than 18 years of age who are entitled to share in the distribution of the
estate.
First Name(s) Surname Relationship Date of Birth Parent’s or Guardian’
to Deceased Name, Address and,
available, E-mail
Address

[DD/MM/YYYY]

[DD/MM/YYYY]

2. Persons aged 18 years of age or older who are mentally incapable within the
meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in
the proceeding and are entitled to a share in the distribution of the estate, are listed in
the box below.

If these persons who are mentally incapable as defined above have a Guardian or
Attorney with the authority to act in the proceeding, provide the Guardian’s or Attorney’s
information below. If these persons do not have a Guardian or Attorney, write “None” in
the Guardian or Attorney box.
First Surname Relations Name of Beneficiary’s Es
Name hip to Guardian Address, and ti
Deceased or the Guardian m
Attorney or Attorney’s at
acting Address (if ed
under any) and, Va
Power of if available, lu
Attorney E-mail e
(if any) Addresses of
Int
er
es
t
in
Es
tat
e

(Estimated value of interest in the estate may be omitted if it is included in a separate


schedule attached to the application sent to the Office of the Children’s Lawyer or Office
of the Public Guardian and Trustee.)

3. Adult persons not listed in paragraph 2 and charities that are entitled to a share in the
distribution of the estate.
First Name Surname (or Relationship Address E-mail Address, if
charity name) to Deceased available
Andre Schinkopf Father 249 King W,North Bay,ON N/A

Christina Schinkopf Mother 107 4th ave E,North cristinaschinkopf@gmail.


Bay,ON com

4. Unborn or unascertained person may be entitled to an interest in the estate. No

5. Did a beneficiary or married spouse of a beneficiary sign the Will or any codicil as a
witness or sign for the testator? N/A
X (no Will or codicil)

If yes, explain here or in an attached schedule:


__________________________________.

PART 7 – INFORMATION ABOUT THE DECEASED’S RELATIONSHIPS


(If you are completing section B below, you can delete section C. If you are completing
section C, you can delete section B.)
A. Complete if applying with a Will or without a Will
1. a. Was the deceased ever married?
No
If yes, complete questions 2 to 4. Also, complete Section B if applying with a Will.
If no, complete Section C if applying without a Will or go to Part 8 if applying with a Will.

2 a. Was the deceased married at the time of death?


No

b. If the answer to (a) is “yes”, were the deceased and their spouse separated and at the
time of death living separate and apart as a result of the breakdown of their marriage?
(Separation is defined in ss. 17 and 43.1 of the Succession Law Reform Act). Give
details here or in an attached schedule:
____________________________________________________________________.

c. If the answer to (a) is “yes”, is the name of the married spouse set out in Part 6 -
Beneficiaries? No

d. If the answer to (c) is “no”, provide the name and address of the married spouse
____________________________________________________________________.

3 a. Is the married spouse of the deceased an applicant?


No

b. If the answer to (a) is “yes”, has the spouse elected to receive an entitlement under the
Family Law Act s. 5?

c. If the answer to (b) is “yes”, explain why the spouse is entitled to apply. Give details
here or in an attached schedule:
____________________________________________________________________.

4. a. Were any of the deceased’s marriages terminated by divorce or a declaration of


nullity?
No
b. If the answer to (a) is “yes”, provide the name of the former spouse and the date of
divorce or declaration of nullity. If there is a Will, indicate whether the date of divorce or
declaration of nullity is after the date of the Will (insert more rows if needed or attach a
schedule)
____________________________________________________________________.
1.

C. Complete if applying without a Will


1. a. Was the deceased person living with a person in a conjugal relationship other than
marriage immediately before their death?
b. If the answer to (a) is “yes”, provide the name of the person who was living with the
deceased (insert more rows if needed or attach a schedule):
_____________________________________________________________.
Note: a person living with the deceased in a conjugal relationship other than marriage
should not be listed in Part 6 – Beneficiaries.
2. a. Did the deceased have any children?
No
(Select “yes” if the deceased had a child inside or outside of marriage, adopted a child,
was declared to be a child’s parent by court order or had a child who was born after the
deceased’s death; see definition of “child” under s.1 of the Succession Law Reform Act
and definition of “child” and “parent” in Part 1 of the Children’s Law Reform Act).

i. If the answer to (a) is “yes”, is the name and address of each surviving child of
the deceased set out in Part 6 - Beneficiaries?

ii. If the answer to (a)(i) is “no”, provide the names and addresses of the children
who are not listed in Part 6 - Beneficiaries. If any of these children are minors,
provide their dates of birth (insert more rows if needed or attach a schedule):
______________________________________________________________.

If the answer to 2(a) is “yes”, answer questions 2(b) and 2(c).

b. Did the deceased have a child or children who died before the deceased?
No
i. If the answer to (b) is “yes”, provide the name(s) of the child/children who died
before the deceased (insert more rows if needed or attach a schedule):
_______________________________________________________________

ii. If the answer to (b) is “yes”, are the surviving children or grandchildren of each
child who died before the deceased listed in Part 6 - Beneficiaries?

iii. If the answer to (b)(ii) is “no”, provide the names and addresses of the deceased
child’s surviving children or grandchildren (if any). If any of them are minors,
provide their dates of birth (insert more rows if needed or attach a schedule).
_______________________________________________________________

c. Did the deceased have a child or children who died after the deceased?
No
i. If the answer to (c) is “yes”, are the name(s) and addresses of the beneficiaries
of the estate of each deceased child listed in Part 6 - Beneficiaries?

ii. If the answer to (c)(i) is “no”, provide the name(s) and addresses of the
beneficiaries of the estate of each deceased child (insert more rows if needed or
attach a schedule)
______________________________________________________________.

PART 8 – DECLARATIONS (Check all that apply)

• To the best of my knowledge and belief:


X no other person has applied to the court for a certificate of appointment of estate
trustee in the deceased’s estate.
the deceased died with a Will or with a Will and one or more codicils. I believe the
Will and codicil(s) (if any) being filed together with this application comprise the:
deceased’s valid last Will
deceased’s valid last Will limited to assets referred to in that Will.
X the deceased died without leaving a Will. I have carefully searched for a Will of the
deceased and was unable to locate any Will.

• X I will:
(Check all that apply. If you are a corporate applicant, revise to indicate “the
corporate applicant”)
serve this application on:
X each person entitled to share in the distribution of the estate, including charities
and contingent beneficiaries;
• the Office of the Children’s Lawyer if any of the persons with an interest in the
estate are under the age of 18, and a parent or guardian of each of those
persons;
• the Office of the Children’s Lawyer if any of the persons who may be entitled
to an interest in the estate are unborn or unascertained; and
• the Guardian or Attorney for any adults who meet the definition of “mentally
incapable” as set out in Part 6 of this application. If I wrote “None” in the
Guardian or Attorney box of Part 6 for any such person, I will also serve on
the Office of the Public Guardian and Trustee a copy of this application and a
copy of the Will and codicil(s), if any.
(If you are the sole beneficiary of the estate, it is not necessary to check this
box. Provide the reason in the last line of paragraph 2.)

also serve the following documents together with this application if the application
must be served on or in respect of:
• a person entitled only to a specified item of property or a stated or
determinable amount of money, an extract of the part or parts of the Will or
codicil relating to the gift, or a copy of the Will and codicil(s), if any;
• any other beneficiary, a copy of the Will and of any codicils; and
• the Office of the Children's Lawyer or Office of the Public Guardian and
Trustee, a copy of the Will and of any codicils, together with a statement of
the estimated value of the interest in the estate of the minor or the mentally
incapable adult described in the application as lacking capacity, as the case
may be, if that value is not disclosed in this application.
file at the Superior Court of Justice this application, together with originals of the Will
and codicil(s), if any, the proof of death and any required affidavits.
The application will be filed in the court location at North Bay,ON because that is
the county or district in which:
X the deceased resided in Ontario at the time of death
the deceased owned real estate or personal property (since the deceased
did not have a residence in Ontario or resided out of Ontario at the time of
death)
other (Explain):
________________________________________________________.
Xadminister the estate according to the law.
X keep records of my administration of the estate, including lists and receipts of the
assets and money that I receive on behalf of the estate and all money and assets
that I distribute from the estate.
X provide an accounting if required by court order to do so or when requested by
any party who is served with this application (unless that person has received the
fixed sum of money or the specific asset that they are entitled to).

If you did not check off all the boxes for the declarations in paragraph 2 of Part 8,
provide the reason:
_I offered father the oppurtunity to join me in this application but after agreeing he
changed his mind.
Deceased had a girlfriend at time of his death but I don't know where she is in North
Bay and she has been reluctant to communicate with
me.___________________________________________________________________
___________.

• I:

(Complete only if you are seeking a Certificate of Appointment of Estate Trustee


Limited to the Assets Referred to in the Will and/or the deceased executed a
secondary (or other multiple Will(s)) that deals with the assets referred to in that
Will(s)).
confirm that the secondary (or other multiple) Will(s) has/have not revoked the Will I
am seeking to probate.
will file together with this application a draft order (Form 74I).

PART 9 – ESTATE ADMINISTRATION TAX


(Check one of the following boxes)
XThe value of the estate is $50,000 or less
The estate is valued at more than $50,000 and:
I will submit a payment of the estate administration tax deposit together with the
application that is submitted for filing with the court.
X I am seeking an order to defer the payment of the estate administration tax
deposit pursuant to section 4(1) of the Estate Administration Tax Act, 1998. I will
file with the court, together with the application, a draft order (Form 74I) with a
backsheet (Form 4C) and an affidavit with respect to the estate administration tax
deposit (Form 4D).
I am seeking to pay the estate administration tax deposit based on an estimated
value of the estate pursuant to section 4(3) of the Estate Administration Tax Act,
1998. Within six months of the date of filing of this application, I will file a sworn
statement of the actual total value of the estate and pay any additional tax if the
actual value is higher than the estimated value.

PART 10 – BOND
A bond is required to be addressed because (check one if applicable):

X the deceased died without a Will or with a Will but did not name me as an estate
trustee in the Will.
I live outside of Canada and/or outside the Commonwealth.

(If a bond is required to be addressed, check one of the boxes below.)


I will include a bond as part of the application that is submitted for filing with the court
(Form 74L or 74M).
X None of the estate beneficiaries are minors or mentally incapable adults without a
Guardian or Attorney with authority to act in this proceeding. I am seeking an order on
consent to:
X dispense with the bond requirement
reduce the amount of the bond
and I will file with the court together with the application a draft order (Form 74I)
together with a backsheet (Form 4C), an affidavit (Form 4D) and the consents of
beneficiaries to the order (Form 74G) in accordance with rule 74.11(6).
X I am relying on the exemption from posting a bond under section 36(2) of the Estates
Act since
a) I was married to the deceased at the time of death; and
X 5b) the net value of the estate does not exceed $350,000; and
(if the deceased died before March 1, 2021, strike $350,000 above and indicate
$200,000)
c) I will file with the court together with the application an affidavit setting forth the
debts of the estate.
I am acting on behalf of a trust company or Public Guardian and Trustee and therefore
do not need to post a bond.
I will file a motion under Rule 37 to seek an order to reduce the amount of the bond or
to dispense with the bond requirement since the request cannot be made on
consent.
A court order made by Justice dated appoints the applicant(s)
as estate trustee(s) and dispenses with the requirement for the applicant(s) to post a
bond. A copy of the order will be filed together with this application.

(Reproduce this section for multiple applicants.)


Applicant (First name) (Middle (Surname)
Name: name)
Relationship to Christina Lynn Schinkopf
Deceased:
Current Occupation, if Mother of deceased
any:
If the Applicant’s name in the Will is different from the name
stated above, provide the name in the Will and explain the
reason for the difference:
_________________________________________.
Contact Information:
Street address 107 4th ave E
City or town North Bay
Province/State Ontario
Postal code/Zip code P1B 1M1
Country Canada
E-mail address, if any cristinaschinkopf@gmail.com
Telephone number 249-591-8188
If corporate applicant, name
of trust officer

(Complete this section if the filer is not the applicant.)


Filer
Name:
Filer’s
Firm
Name, if
any:
Contact Information:
Street address
City or Town
Province/State
Postal code/Zip Code
Country
E-mail address
Telephone number
Law Society of Ontario
number, if any

(If there is more than one applicant, attach a separate sheet for additional affidavits.)

I MAKE OATH AND SAY (or AFFIRM) that the information contained in this application
and in any attached schedules is true, to the best of my knowledge and belief.

Sworn or Affirmed before me: in person OR by video conference

Complete if affidavit is being sworn or affirmed in person:

by Christina Schinkopf at the City of North Bay in the of District of


Nipissing, before me on

Use one of the following if affidavit is being sworn or affirmed by video


conference:

Complete if applicant and commissioner are in same city or town :

by Christina Schinkopf at the City of North Bay in the District of Nipissing


before me on in accordance with O. Reg. 431/20, Administering
Oath or Declaration Remotely.

Complete if applicant and commissioner are not in same city or town:

by (insert name of applicant) at the (City, Town, etc.) of (insert name of


city, town, etc.) in the (County, Regional Municipality, etc.) of (insert name
of County, Regional Municipality, etc.), before me at the (City, Town, etc.)
of (insert name of city, town, etc.) in the (County, Regional Municipality,
etc.) of (insert name of County, Regional Municipality, etc.), on (insert
date) in accordance with O. Reg. 431/20, Administering Oath or
Declaration Remotely.

Signature of Commissioner Signature of applicant


(or if applicant is a corporation, signature of
Trust Officer)

Notice to Applicant: Information provided on this form


related to the payment of estate administration tax will
be forwarded to the Ministry of Finance pursuant to
clause 39(1)(b) and 42(1)(c) of the Freedom of
Information and Protection of Privacy Act. This includes
the name of the deceased, name and address of estate
trustee(s), value of the estate and any undertakings and
tax payments made or refunded. This information will be
used by the Ministry of Finance to determine the value of
the estate and the amount of estate administration tax
payable. Questions about the collection of this
information should be directed to the Senior Manager –
Audit, Compliance Branch, 33 King Street West, PO Box
625, Oshawa ON L1H 8H9, 1-866-668-8297.

RCP-E 74A (November 1, 2023)

NOTICE
You are receiving a copy of the attached court application for a certificate of
appointment of estate trustee because you may have an interest in the estate of the
deceased person named in the application.

PLEASE NOTE:

You have a right to oppose the application, by filing with the Superior Court of
Justice a Notice of Objection (Form 75.1) in accordance with Rule 75.03 of the Rules
of Civil Procedure, R.R.O. 1990, Reg. 194.

If you do not file a Notice of Objection to the application, a certificate of appointment


of estate trustee may be issued to the applicant(s). This certificate would authorize
the applicant(s) to act as the estate trustee(s) and give them the authority to
administer the estate.

You may wish to consult with a lawyer about the role and responsibilities of an estate
trustee. One responsibility of the estate trustee is to provide an accounting of the
estate administration when requested by any party who is served with this
application or required by court order to do so.

You may also wish to consult with a lawyer concerning your interest in, or rights
against, the estate. If you choose to make a claim, you must do so within the time
limit imposed by any relevant court rule, legislation or court order.

The estate value disclosed in the application does not necessarily reflect the amount
that will be available for distribution to beneficiaries.

The Rules of Civil Procedure and the court forms are available on the internet at:

Rules of Civil Procedure: https://www.ontario.ca/laws/regulation/900194


Court Forms: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/pre-
formatted-fillable-estates-forms/
Notice of Objection Form 75.1:
http://ontariocourtforms.on.ca/static/media/uploads/courtforms/civil/75_01/rcp-e-
75-1-1120.doc
General information about estates is available on the Ministry of the Attorney
General website at:
How to Apply for Probate in Ontario: https://www.ontario.ca/page/apply-probate-
estate
Probate of a Small Estate: https://www.ontario.ca/page/probate-small-estate

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