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8, s. 1 (2)), “registrar” means a local registrar of the Superior Court of Justice; (“greffier”), Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 11, Sched. R.S.O. R.S.O. For many seniors, whose Wills stipulate that they will act as their spouse’s executors, this is an important new law. 4 Subject to the other provisions of this Act, in the administration of the assets of a deceased person, his or her real property shall be administered in the same manner, subject to the same liability for debts, costs and expenses and with the same incidents as if it were personal property, but nothing in this section alters or affects as respects real or personal property of which the deceased has made a testamentary disposition the order in which real and personal assets are now applicable to the payment of funeral and testamentary expenses, the costs and expenses of administration, debts or legacies, or the liability of real property to be charged with the payment of legacies. (b)  a beneficiary of the estate is incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, whether or not the person has a guardian. 5 Subject to section 32 of the Succession Law Reform Act, the real and personal property of a deceased person comprised in a residuary devise or bequest, except so far as a contrary intention appears from the person’s will or any codicil thereto, is applicable rateably, according to their respective values, to the payment of his or her debts, funeral and testamentary expenses and the cost and expenses of administration. R.S.O. 1990, c. E.21, s. 31. C, s. 1 (1). At whose instance executors or administrators compellable to account. In this case the court will make the grant to the person, usually the residuary legatee, with the largest beneficial interest in the estate. (See: 2017, c. 20, Sched. R.S.O. 1990, c. E.21, s. 11 (1). R.S.O. 2, s. 31 (8). (4) Not less than seven days notice of the application shall be given to the personal representative, and where the application is to be made to the judge of the Superior Court of Justice, shall also be given to the Children’s Lawyer if minors are concerned, and to such, if any, of the persons beneficially interested in the estate as the judge may direct. a number of amendments to the Estate Administration Tax Act (EATA). 2, ss. 32 (1) The person applying for a grant of probate or administration shall before it is granted make or cause to be made and delivered to the registrar a true statement of the total value, verified by the oath or affirmation of the applicant, of all the property that belonged to the deceased at the time of his or her death. (3) The personal representative has power, with the concurrence of the adult persons beneficially entitled thereto, and with the written approval of the Children’s Lawyer on behalf of minors or of the Public Guardian and Trustee on behalf of mentally incapable persons who have no guardian or attorney for property, if any, so entitled, to convey, divide or distribute the estate of the deceased person or any part thereof among the persons beneficially entitled thereto according to their respective shares and interests therein. In most cases, that person is the grieving spouse or children. 1990, c. E.21, s. 45 (6); 1994, c. 27, s. 43 (2). 23 (1) A purchaser in good faith and for value of real property of a deceased owner that has become vested under section 9 in a person beneficially entitled thereto is entitled to hold it freed and discharged from the claims of creditors of the deceased owner except such of them of which the purchaser had notice at the time of the purchase. 1990, c. E.21, s. 32 (1). 1990, c. E.21, s. 44 (5); 2006, c. 19, Sched. R.S.O. After grant of administration no person to act as executor. R.S.O. 22 (1) The powers of a personal representative under this Act include. Certificate from Estate Registrar for Ontario. R.S.O. 4 On the third day of every month, or oftener if required by the rules of court, every registrar shall transmit by mail to the Estate Registrar for Ontario a list, in such form and containing such particulars as are prescribed by such rules, of the grants of probate and administration made by the registrar’s court up to the last day of the preceding month, and the registrar shall in like manner make a return of every revocation of grant of probate or administration. 1990, c. E.22, s. 11 (4). 1990, c. E.21, s. 8 (1). R.S.O. (13) Where a claim is established under this section, no procedures shall be commenced to enforce payment of the claim without the permission of the judge. (See: 2020, c. 11, Sched. (2) The Lieutenant Governor in Council may make regulations prescribing an amount for the purposes of the definition of “small estate” in subsection (1). 1990, c. E.22, s. 17 (8). 1990, c. E.21, s. 41 (1). 28 Affidavits may be used in proceedings taken under this Act. R.S.O. R.S.O. R.S.O. Power of courts as to assignment of bonds. C, s. 1 (1). C, s. 1 (1). (5) Subsection (3) ceases to apply if, following the discovery of property belonging to the deceased in the circumstances described in subsection 32 (2), the estate ceases to be a small estate. R.S.O. 1990, c. E.21, s. 44 (7); 2006, c. 19, Sched. (2) If the testator or intestate had no fixed place of abode in Ontario or resided out of Ontario at the time of death, the application shall be filed in the office for the county or district in which the testator or intestate had property at the time of death. R.S.O. 1990, c. E.21, s. 9 (2). 27 The Lieutenant Governor in Council may appoint a temporary deputy of the Children’s Lawyer for the purposes of this Act who shall have all the powers of the Children’s Lawyer for such purposes. And all other testamentary instruments of which probate may be made without notice or on such notice as the may... 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