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Tribunal lacks authority to vest mining claims in trust without estate trustee certificate; pending proceedings noted.
The applicant sought an order vesting the mining claims of his deceased brother in himself in trust, pending the issuance of a Certificate of Appointment of Estate Trustee Without a Will.
The applicant intended to sell the claims to fund the estate administration fee.
The Ontario Land Tribunal found it lacked statutory authority to vest mining claims in trust without a Will or Certificate of Appointment.
However, the Tribunal ordered the Provincial Mining Recorder to make a Note of Pending Proceedings on the abstracts of the mining claims until the Superior Court of Justice determines the estate trustee application.
