Court File and Parties
COURT FILE NO.: 2020-41491
DATE: 2021/04/12
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Angela Mills, Applicant
AND:
The Estate of William Oliver, deceased, Respondent
BEFORE: Regional Senior Justice Calum MacLeod, in writing
COUNSEL: Shelbi Dippold, for the Applicant
Grace Law, for the Public Guardian and Trustee
HEARD: April 12th, 2021
DECISION AND REASONS
[1] This matter came before the court in writing. The applicant seeks appointment as Estate Trustee and to dispense with the posting of a bond. The applicant is under the belief that she and her sister are beneficiaries of the estate of the late, William Oliver.
[2] It appears that William Oliver died intestate on July 14, 2020. He had no spouse and no children. His parents were also deceased. It is said in the application that the deceased had no siblings, nieces or nephews. The value of the estate is said to be $77,117.43.
[3] The affidavit evidence discloses that the deceased lived in a common law relationship between 1982 and 1988. The applicant and her sister are the daughters of the person with whom the deceased cohabited during those years. The applicant attests that she and her sister were treated as stepdaughters of the deceased and remained close. Apparently, the deceased had appointed the applicant as his as his attorney under a TD Bank Power of Attorney signed in July of 2017.
[4] Unfortunately, the deceased did not make a will. It does not appear that the daughters of a partner with whom the deceased ceased to co-habit in 1988 fall within any class of person recognized as an heir on an intestacy pursuant to the Succession Law Reform Act, RSO 1990, c. s-26 as amended. Letters of Administration cannot be issued to the applicant as next of kin under the Act.
[5] The court could make an order appointing the applicant as administrator of the property of the deceased under s. 29 (3) of the Estates Act., RSO 1990, c. E.21 as amended and as described in the letter from the Public Guardian and Trustee (PGT) filed with the court on October 13, 2020. It is unlikely, however, that such an order would be made in these circumstances without imposing terms including the posting of security.
[6] The PGT has the authority to conduct an investigation to determine if the PGT ought to be appointed as estate trustee of last resort. Part of such an investigation includes a search for next of kin.
[7] Under the circumstances, I am dismissing the motion and referring the matter to the PGT for investigation.
Mr. Justice C. MacLeod
Date: April 12, 2021