rcp-e-74a-1123
rcp-e-74a-1123
rcp-e-74a-1123
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)
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):______________________________________________________________.
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:____________________________________________________________
__________.
Identify the total value of assets owned by the deceased at the date of death below.
BMO accunt
Samsung SM-S901W cell phone
self built gaming PC Computer
$9200
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
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
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)
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
____________________________________________________________________.
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:
____________________________________________________________________.
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):
______________________________________________________________.
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)
______________________________________________________________.
• 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:
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 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.
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.
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: