Regardless of whether for corporate reasons or personal matters, everyone must handle legal circumstances at some stage in their existence.
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The terms of the trust are established in the deceased person's Will, by court order, in relation to the deceased's estate, or by a separate trust document, in the case of a testamentary insurance trust funded by a death benefit on the individual's death.
When a person dies without a will someone, usually a close relative must apply to the court to be appointed as the estate trustee without a will. If there is a dispute as to who should be appointed the matter must be referred to a judge to determine the most appropriate person to act as estate trustee.
In general, setting up a Canadian trust costs no less than $1,500 as a minimum. But keep in mind that a legal professional generally charges you on a per-hour basis.
How to obtain a Certificate of Appointment without a Will in Ontario. In Ontario, the application is made to the Superior Court of Justice. The applicant must file the application in the office of the county or district where the deceased was living when they died.
If There Is No Will, Who Is The Executor? Someone will have to apply to the court to be appointed as the administrator (or personal representative) of the deceased person's estate.