The applicant sought a certificate of appointment as estate trustee with a will in respect of her deceased mother's estate.
The deceased had executed a will in Quebec in 1973 and a handwritten codicil in Ontario in 1998, with the estate consisting entirely of personal property.
The application was referred to a judge under Rule 74.14(4) to determine whether the Ontario court had jurisdiction to recognize a Quebec will amended by an Ontario holograph codicil.
Applying s. 36(2) of the Succession Law Reform Act and following Grillo Estate v. Grillo, the court found the deceased was domiciled in Ontario for over 35 years, the original Quebec will was valid, and the holograph codicil met Ontario requirements.
The application was granted and a Certificate of Appointment of Estate Trustee was ordered to issue.
