Reference no: EM133539610

PART 1

Chapter 9: Applying for a Certificate of Appointment of Estate Trustee

1. Where is an application for a certificate of appointment of estate trustee made?

2. For each of the following certificates, list the standard documentation required to accompany the application, not including the cheque representing the estate administration tax.

certificate of appointment of estate trustee with a will
certificate of appointment of estate trustee without a will
certificate of appointment of succeeding estate trustee with a will
certificate of appointment of succeeding estate trustee without a will
confirmation by resealing of appointment of estate trustee with or without a will
certificate of ancillary appointment of estate trustee with a will
certificate of appointment of foreign estate trustee's nominee as estate trustee without a will
certificate of appointment of estate trustee during litigation
certificate of appointment of estate trustee with a will limited to the assets referred to in the will

3. Why is an affidavit of execution required in an application for certificate of appointment of estate trustee with a will?

4. Is a notarial copy of the will sufficient to form part of the application for a certificate of appointment of estate trustee with a will?

5. What is a "jurat" and why is one included on various documents to be submitted to the court?

6. When are the consents of persons who have a majority interest in an estate required?

7. Discuss who has the first right to apply for a certificate of appointment when there is no will, or no named estate trustee in the will, or when those named in the will are unable or unwilling to act and the beneficiaries cannot agree among themselves.

8. If an administration bond is required and the surety put forward is a person, what value

PART 2

Chapter 10: Collecting the Assets

1. How do you transfer financial institution assets into the estate (a) with a certificate of appointment, and (b) without such certificate?

2. What issue needs to be determined in the case of bank accounts (and other assets held by financial institutions) that are in the name of the deceased and another person?

3. In connection with the transfer of publicly traded stocks and other securities, describe the purpose of the following:

stock power of attorney

4. Identify two documents that may be required in order to replace lost stock certificates or bonds.

5. What is a gift in specie?

6. Explain how the following assets are transferred to a beneficiary: