The applicant, the only child of the deceased, sought a certificate appointing her as estate trustee with a will.
The deceased's will did not name an executor, and a separation agreement with his spouse (the applicant's mother) included a renunciation of her right to act as personal representative.
The estate was valued at $66,063.21, falling within the definition of a "small estate" under the Estates Act.
The applicant also requested an order dispensing with the requirement to post an estate administration bond.
The court granted the certificate of appointment, finding that the requirements of Rule 74.1 of the Rules of Civil Procedure and the Estates Act were met.
However, the court found the request to dispense with the bond unnecessary, as section 36(3) of the Estates Act already exempts small estates from the bond requirement, provided no minor or incapable beneficiaries exist, which was the case here.
