Court File and Parties

Court File No.: 2022-25453 Date: 2022/04/25 Superior Court of Justice - Ontario

Re: IN THE ESTATE OF ELIJAH ELIEFF (a.k.a. Elijah Ilijev and Ilija Ilijev), Deceased

Before: Justice I.F. Leach

Counsel: Frederick A. Mueller, for the applicant, Sultana Elieff

Heard: In writing.

Endorsement

[1] I electronically have been provided with “basket motion” material relating to this estate matter, filed with the Superior Court of Justice in London.

[2] By way of broad summary of the underlying circumstances and requested relief:

a. The deceased herein died January 15, 2022.

b. He was survived by his spouse, (the applicant), and three children.

c. The applicant has searched diligently for a will executed by her deceased husband, but has not been able to locate any such testamentary document. She accordingly has applied for a certificate of appointment confirming her as the deceased’s Estate Trustee Without a Will. At the same time, she has applied for a court order dispensing with the administrative bond security otherwise required by s.35 of the Estates Act, R.S.O. 1990, c.E.21.

d. The sworn information provided by the applicant includes information indicating that the total net value of the estate assets, (i.e., a dilapidated house with an estimated value of $300,000 against which there is approximately $200,000 worth of mortgage debt registered, a motor vehicle worth approximately $25,000, and personal effects worth an estimated $5,000), is approximately $130,000. The applicant also indicates that she was and is intimately familiar with the deceased’s financial affairs, and that he had no known debts apart from the indicated mortgage debt.

e. The applicant has also provided undertakings to maintain records of her estate administration, and to provide the court registrar with an updated confirmed valuation of the estate assets once the precise value has been determined.

[3] Having reviewed the application and motion material filed by the applicant, I find it to be in order, and that the requested order dispensing with the otherwise required administrative bond security should be granted. Without limiting the generality of the foregoing, the known mortgage creditors of the estate are protected by their mortgage security, and the applicant seems likely to be the sole beneficiary of the remaining estate assets on an intestacy, via her preferential share in the estate as a surviving spouse.

[4] I accordingly have electronically finalized and signed the draft order filed by the applicant.

[5] A copy of this endorsement should be returned to the applicant with the electronically signed order.

“Justice I.F. Leach” Justice I.F. Leach Date: April 25, 2022