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Crown Administration of Estates Act

R.S.O. 1990, Chapter C.47

Consolidation Period: From December 10, 2016 to the e-Laws currency date.

Last amendment: 2015, c. 38, Sched. 4, s. 27.

Legislative History: 1997, c. 23, s. 6; 2001, c. 9, Sched. B, s. 7; 2002, c. 18, Sched. A, s. 5; 2009, c. 33, Sched. 2, s. 22; 2015, c. 38, Sched. 4, s. 27.

PGT may administer certain estates

1 (1) The Superior Court of Justice may, on the Public Guardian and Trustee’s application, grant to the Public Guardian and Trustee letters of administration or letters probate with respect to a person’s estate, if the following conditions are satisfied:

1. The person dies in Ontario, or is a resident of Ontario but dies elsewhere.

2. The person dies intestate as to some or all of his or her property, or dies leaving a will without naming an executor or estate trustee who is willing and able to administer the estate.

3. There are no known next of kin who are residents of Ontario and are willing and able to administer the estate, or the only known next of kin are minors and there is no other near relative who is a resident of Ontario and is willing and able to administer the estate or to nominate another person to do so.  2002, c. 18, Sched. A, s. 5 (1).

Same

(2) When letters of administration or letters probate are granted under subsection (1), the Public Guardian and Trustee shall administer the person’s estate for the use and benefit of all the lawful heirs and, if there are no lawful heirs, for the use and benefit of the Crown.  2002, c. 18, Sched. A, s. 5 (1).

Section Amendments with date in force (d/m/y)

2002, c. 18, Sched. A, s. 5 (1) - 26/11/2002

Power to safeguard estate, etc.

2 (1) While the Public Guardian and Trustee is conducting an investigation to determine whether the conditions set out in subsection 1 (1) are satisfied, and until letters of administration or letters probate are granted, the Public Guardian and Trustee may,

(a) arrange the person’s funeral;

(b) make an inventory of, take possession of, safeguard and dispose of the person’s property; and

(c) exercise all the powers of a personal representative with respect to the person’s property.  2002, c. 18, Sched. A, s. 5 (1).

Saving

(2) For greater certainty, subsection (1) does not affect the obligation of the Public Guardian and Trustee to apply for letters of administration or letters probate.  2002, c. 18, Sched. A, s. 5 (1).

Section Amendments with date in force (d/m/y)

2002, c. 18, Sched. A, s. 5 (1) - 26/11/2002

Access to and use of information

2.1 (1) The Public Guardian and Trustee may collect, use, retain and disclose information related to an estate, including personal information, for the following purposes:

1. Determining whether subsection 1 (1) applies.

2. Valuing the estate assets for the purpose of an application for letters of administration or letters probate.

3. Taking any action on behalf of the estate under subsection 2 (1) before letters of administration or letters probate are granted.

4. Administering the estate.  2002, c. 18, Sched. A, s. 5 (1).

Identifying and locating persons and assets

(2) Without limiting the generality of subsection (1), the Public Guardian and Trustee is authorized to,

(a) identify and locate,

(i) persons who may have an interest in the estate, and

(ii) other persons, but only for the purpose of locating persons who may have an interest in the estate; and

(b) identify the estate’s assets.  2002, c. 18, Sched. A, s. 5 (1).

Institution, mandatory disclosure

(3) Every institution shall disclose to the Public Guardian and Trustee information requested under subsection (1).  2002, c. 18, Sched. A, s. 5 (1).

Exception, Ministry of Health and Long-Term Care and related institutions

(4) Subsection (3) does not apply to the Ministry of Health and Long-Term Care or to any other institution of which the Minister of Health and Long-Term Care is the head.  2002, c. 18, Sched. A, s. 5 (1).

Saving

(5) For greater certainty, subsection (4) does not affect the ability to disclose or transmit information under section 35 of the Mental Health Act.  2002, c. 18, Sched. A, s. 5 (1).

Others, optional disclosure

(6) A person other than an institution may disclose to the Public Guardian and Trustee information requested under subsection (1).  2002, c. 18, Sched. A, s. 5 (1).

Application of subs. (6)

(7) Subsection (6) also applies to unincorporated associations and any other public and private entities.  2002, c. 18, Sched. A, s. 5 (1).

Definitions

(8) In this section,

“head” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“personne responsable”)

“institution” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“institution”)

“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act. (“renseignements personnels”)  2002, c. 18, Sched. A, s. 5 (1).

Section Amendments with date in force (d/m/y)

2002, c. 18, Sched. A, s. 5 (1) - 26/11/2002

Conflict

2.2 (1) Section 2.1 applies despite anything in the Freedom of Information and Protection of Privacy Act or in any other Act or regulation.  2002, c. 18, Sched. A, s. 5 (1).

Same

(2) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply when information is collected under section 2.1.  2002, c. 18, Sched. A, s. 5 (1).

Section Amendments with date in force (d/m/y)

2002, c. 18, Sched. A, s. 5 (1) - 26/11/2002

Notice to Public Guardian and Trustee

3 (1) Notice of every application for letters of administration of the estate of a person who has died in Ontario intestate and without leaving any known adult next of kin living in Ontario shall be given by the local registrar of the Superior Court of Justice to the Public Guardian and Trustee before the issue of letters of administration to any other person, and the Public Guardian and Trustee may, within thirty days after the receipt of the notice, apply for a grant of letters of administration as provided in subsection 1 (1).  R.S.O. 1990, c. C.47, s. 3 (1); 2001, c. 9, Sched. B, s. 7 (3, 4); 2002, c. 18, Sched. A, s. 5 (2).

Letters of administration within 30 days

(2) Where the Public Guardian and Trustee consents, letters of administration may issue to the applicant without waiting for the expiry of thirty days.  R.S.O. 1990, c. C.47, s. 3 (2); 2001, c. 9, Sched. B, s. 7 (3).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (3, 4) - 29/06/2001

2002, c. 18, Sched. A, s. 5 (2) - 26/11/2002

Security dispensed with

4 It is not necessary for the Public Guardian and Trustee to give security for the due administration of the estate, but the Public Guardian and Trustee has all the rights and powers of and is subject to all the liabilities and duties imposed on an administrator.  R.S.O. 1990, c. C.47, s. 4; 2001, c. 9, Sched. B, s. 7 (3).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (3) - 29/06/2001

Transfer, assignment or discharge of interest in real property

5 (1) As administrator appointed under this Act, the Public Guardian and Trustee may transfer, assign or discharge all or part of any interest in real property to which the intestate person was entitled at his or her death.  1997, c. 23, s. 6 (2).

Effect of conveyance

(2) The Public Guardian and Trustee’s conveyance under subsection (1) has the same effect as if the intestate person,

(a) had been alive and unmarried on the day it was executed; and

(b) had executed the conveyance himself or herself.  1997, c. 23, s. 6 (2).

Section Amendments with date in force (d/m/y)

1997, c. 23, s. 6 (2) - 28/11/1997

Compensation agreements

Definitions

5.1 (1) In this section,

“compensation” means compensation for services provided under a compensation agreement or the payment of fees and expenses relating to those services, but does not include any amounts that are payable for the provision of legal services within the meaning of the Law Society Act; (“rémunération”)

“compensation agreement” means an agreement with an heir of an estate to which this section applies that provides for compensation, directly or indirectly, to one or more persons or entities on the location, recovery or distribution of any interest in the estate to which the heir is or may be entitled, but does not include an agreement to provide legal services, within the meaning of the Law Society Act, to the heir in respect of the estate; (“entente de rémunération”)

“heir” includes,

(a) a person purporting to be an heir, and

(b) a personal representative or beneficiary of an heir. (“héritier”)  2009, c. 33, Sched. 2, s. 22.

Application of section

(2) This section applies in respect of an estate if the Public Guardian and Trustee,

(a) is conducting an investigation respecting the estate to determine whether the conditions set out in subsection 1 (1) are satisfied;

(b) has applied for letters of administration or letters probate with respect to the estate; or

(c) has been granted letters of administration or letters probate with respect to the estate.  2009, c. 33, Sched. 2, s. 22.

Compensation agreement to be given to PGT

(3) A person who wishes to rely on a compensation agreement for the purposes of this Act shall give the original agreement to the Public Guardian and Trustee.  2009, c. 33, Sched. 2, s. 22.

Translation

(4) A compensation agreement that is written in a language other than English or French shall be accompanied by a certified translation into English or French.  2009, c. 33, Sched. 2, s. 22.

Requirements

(5) A compensation agreement is not enforceable unless,

(a) it is typed in 10 point or larger font;

(b) it is signed by the heir, as well as by a person, other than a representative or agent of either party to the compensation agreement, who witnessed the signing by the heir;

(c) it sets out,

(i) the legal name and residential address of the heir and of the witness,

(ii) the date on which and the place where the compensation agreement was entered into,

(iii) the name of the estate and the estimated value of the interest in the estate to which the heir is or may be entitled, and

(iv) the services to be provided to or on behalf of the heir under the compensation agreement;

(d) it contains the statements referred to in subsection (6);

(e) it provides for compensation of not more than 10 per cent of the value of the interest in the estate to which the heir is or may be entitled;

(f) it provides that, within 60 days after the day on which a payment is made by the Public Guardian and Trustee of all or part of the interest in the estate to which the heir was determined to be entitled, an accounting acceptable to the Public Guardian and Trustee and containing the information and documents referred to in subsection (9) will be given to the Public Guardian and Trustee and to the heir; and

(g) it meets any other requirements prescribed by regulation made under this Act.  2009, c. 33, Sched. 2, s. 22.

Statements

(6) For the purposes of clause (5) (d), a compensation agreement shall include the following statements, in a form acceptable to the Public Guardian and Trustee:

1. That the property in respect of which the compensation agreement was entered into is an interest in an estate.

2. That the Public Guardian and Trustee is administering or considering administering the estate named in the compensation agreement.

3. That the heir does not need to sign the compensation agreement in order to claim his or her interest in the estate from the Public Guardian and Trustee.

4. That the heir may contact the Public Guardian and Trustee directly regarding the estate or the heir’s interest in it.

5. That the heir may wish to obtain independent legal advice before signing the compensation agreement.

6. That the heir has not entered into any other compensation agreement or any other arrangement for compensation with respect to the estate or any interest in it.

7. That the estate shall be distributed only to lawful heirs, as determined by Ontario law.

8. Any other statement that, on the date on which the compensation agreement was entered into, was required by the Public Guardian and Trustee to be included in a compensation agreement.  2009, c. 33, Sched. 2, s. 22.

Same, contact information

(7) The statement referred to in paragraph 4 of subsection (6) shall include the Public Guardian and Trustee’s current contact information, including a full address and telephone and fax numbers.  2009, c. 33, Sched. 2, s. 22.

Same, additional statements

(8) A statement required to be included in a compensation agreement under paragraph 8 of subsection (6) shall be published by the Public Guardian and Trustee on the website of the Ministry of the Attorney General.  2009, c. 33, Sched. 2, s. 22.

Accounting

(9) An accounting shall include,

(a) the value of the interest in the estate to which the heir was determined by the Public Guardian and Trustee to be entitled;

(b) the compensation paid under the compensation agreement from the payment of the interest in the estate by the Public Guardian and Trustee, for each person to whom it was paid;

(c) the amount distributed to the heir from the payment of the interest in the estate by the Public Guardian and Trustee; and

(d) proof of every payment and distribution made under the compensation agreement.  2009, c. 33, Sched. 2, s. 22.

Same, additional documents

(10) If the Public Guardian and Trustee determines that an accounting is not acceptable, the Public Guardian and Trustee may require such additional documents as he or she may specify to be given to the Public Guardian and Trustee and to the heir, within such time as the Public Guardian and Trustee may specify.  2009, c. 33, Sched. 2, s. 22.

Translation

(11) If an accounting or the documents given under subsection (10) are written in a language other than English or French, the copy of the accounting or documents given to the Public Guardian and Trustee shall be accompanied by a certified translation into English or French.  2009, c. 33, Sched. 2, s. 22.

Copies to heir

(12) The Public Guardian and Trustee may give to an heir who is a party to a compensation agreement that is in the possession of the Public Guardian and Trustee,

(a) a copy of the compensation agreement; and

(b) a copy of an accounting and of any additional documents given under subsection (10) in relation to the accounting.  2009, c. 33, Sched. 2, s. 22.

Direct payment to heir

(13) Despite the existence of a compensation agreement or a power of attorney or direction for payment relating to the compensation agreement, the Public Guardian and Trustee may pay all or any part of the interest in the estate to which the heir was determined by the Public Guardian and Trustee to be entitled directly to the heir, if,

(a) the compensation agreement is not given to the Public Guardian and Trustee as required by subsection (3), together with a translation, if one is required by subsection (4);

(b) the compensation agreement does not meet the requirements for enforceability set out in subsection (5);

(c) the Public Guardian and Trustee receives information indicating that a term or condition set out in a compensation agreement has been breached; or

(d) additional documents required under subsection (10) to be given are not given to the Public Guardian and Trustee, together with a translation, if one is required by subsection (11), within the time specified by the Public Guardian and Trustee.  2009, c. 33, Sched. 2, s. 22.

Application to court

(14) The Public Guardian and Trustee or a party to a compensation agreement may apply to the Superior Court of Justice for a determination of any question or dispute arising from the operation of this section in relation to the compensation agreement, and the court may make such orders or give such directions as it considers just.  2009, c. 33, Sched. 2, s. 22.

Rights unaffected

(15) Nothing in this section prevents an heir from asserting at any time that the compensation payable under a compensation agreement to which he or she is party is excessive or unjust.  2009, c. 33, Sched. 2, s. 22.

Transition

(16) This section does not apply in respect of a compensation agreement unless it was entered into on or after the day on which section 22 of Schedule 2 to the Good Government Act, 2009 comes into force.  2009, c. 33, Sched. 2, s. 22.

Regulations

(17) The Attorney General may make regulations prescribing additional requirements for the purposes of clause (5) (g).  2009, c. 33, Sched. 2, s. 22.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 22 - 14/01/2010

PGT’s right to act until grant revoked

6 (1) If, after the Public Guardian and Trustee is appointed administrator under this Act, it is alleged or ascertained that paragraph 2 or 3 of subsection 1 (1) did not in fact apply, the Public Guardian and Trustee retains all the powers of an administrator until the Superior Court of Justice revokes the grant and appoints another person to deal with the estate.  1997, c. 23, s. 6 (2); 2001, c. 9, Sched. B, s. 7 (4); 2002, c. 18, Sched. A, s. 5 (3).

Right to complete sales

(2) Even after the grant has been revoked and another person has been appointed to deal with the estate, the Public Guardian and Trustee retains power to execute a transfer of real property under an agreement made before the revocation.  1997, c. 23, s. 6 (2).

Section Amendments with date in force (d/m/y)

1997, c. 23, s. 6 (2) - 28/11/1997

2001, c. 9, Sched. B, s. 7 (4) - 29/06/2001

2002, c. 18, Sched. A, s. 5 (3) - 26/11/2002

Inquiry as to the rights of Her Majesty

7 Where administration is granted under this Act, the Public Guardian and Trustee may apply to the Superior Court of Justice for an order for the making of the inquiries that are necessary to determine whether or not Her Majesty is entitled to any portion of the estate of the deceased by reason of the deceased having died intestate and without heirs or next of kin or otherwise, and any judgment pronounced upon the inquiry is, unless reversed on appeal or varied upon a substantive application to the court, final and conclusive.  R.S.O. 1990, c. C.47, s. 7; 2001, c. 9, Sched. B, s. 7 (3, 4).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (3, 4) - 29/06/2001

Recovery by Crown of real estate of persons dying intestate and without heirs

8 Where a person dies in possession of or entitled to real estate in Ontario intestate as to that real estate without any known heirs, the Public Guardian and Trustee without obtaining letters of administration may take possession of the real estate, and if necessary may bring an action, either in his or her own name, on behalf of Her Majesty, or in the name of Her Majesty, to recover possession of the real estate and is entitled to judgment and to recover possession, unless the person claiming adversely shows that the deceased did not die intestate as to the real estate, or that he or she left heirs, or that the person claiming adversely or some other person is entitled to the real estate.  R.S.O. 1990, c. C.47, s. 8; 2001, c. 9, Sched. B, s. 7 (3).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (3) - 29/06/2001

Application by Public Guardian and Trustee to compel an account by administrator in certain cases

9 Where a person has died intestate in Ontario and administration has been granted to a person not one of the next of kin and it is doubtful whether the intestate left any next of kin surviving him or her or there are no known next of kin resident in Ontario, the Public Guardian and Trustee may apply to the Superior Court of Justice for an order requiring the administrator to account for the administrator’s dealings with the estate, and may question in the proceedings the validity of any release or settlement with any alleged next of kin, and the Superior Court of Justice may revoke the administration and grant administration to the Public Guardian and Trustee.  R.S.O. 1990, c. C.47, s. 9; 2001, c. 9, Sched. B, s. 7 (3, 4).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (3, 4) - 29/06/2001

Disposition of money

10 The Public Guardian and Trustee shall invest all money administered under this Act in accordance with the Public Guardian and Trustee Act and the regulations made under that Act.  2001, c. 9, Sched. B, s. 7 (1).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (1) - 29/06/2001

Unclaimed money

11 (1) Money administered under this Act that has been unclaimed for 10 years after the intestate person’s death shall be paid into the Consolidated Revenue Fund.  2001, c. 9, Sched. B, s. 7 (1).

(2) Repealed: 2015, c. 38, Sched. 4, s. 27 (1).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (1) - 29/06/2001

2015, c. 38, Sched. 4, s. 27 (1) - 10/12/2016

Remedy of persons having claims upon the estate

12 Any person claiming to be entitled to any such estate or to any interest therein or to any part of the proceeds thereof may apply to the Superior Court of Justice for an order declaring the person’s rights with respect thereto, and the court may direct the inquiries that are necessary to determine the matter, and may finally adjudicate thereon, but no application under this section shall be entertained unless security for costs is given by the applicant if the Public Guardian and Trustee demands security.  R.S.O. 1990, c. C.47, s. 12; 2001, c. 9, Sched. B, s. 7 (3, 4).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (3, 4) - 29/06/2001

PGT’s fees and expenses

13 The Public Guardian and Trustee may deduct from the money received on account of an estate,

(a) all expenses incurred before taking out letters of administration, including expenses incurred in making inquiries in respect of the estate;

(b) all expenses otherwise incurred in respect of the estate; and

(c) any expenses allowed under the Public Guardian and Trustee Act and any fees allowed under that Act and approved by the Attorney General under subsection 8 (2) of that Act.  2001, c. 9, Sched. B, s. 7 (2).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (2) - 29/06/2001

Distribution of assets by Public Guardian and Trustee

14 (1) After having given the notice provided for by the Trustee Act and although the 10 years limited by subsection 11 (1) have not elapsed, the Public Guardian and Trustee may pay any money remaining unclaimed in his or her hands into the Consolidated Revenue Fund, or may pay the money or any part thereof, or assign any personal property remaining in his or her hands, in accordance with this Act or the Escheats Act, 2015. R.S.O. 1990, c. C.47, s. 14 (1); 2001, c. 9, Sched. B, s. 7 (3); 2002, c. 18, Sched. A, s. 5 (4); 2015, c. 38, Sched. 4, s. 27 (2).

Non-liability of Her Majesty and the Province

(2) No claim shall be maintained against Her Majesty or the Province in respect of any money or personal property paid over or assigned to any person under the Escheats Act, 2015 or under this Act, but this does not prejudice the right of a creditor or claimant to follow the money, property or proceeds into the hands of the person who has received it. 2015, c. 38, Sched. 4, s. 27 (3).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 7 (3) - 29/06/2001

2002, c. 18, Sched. A, s. 5 (4) - 29/06/2001

2015, c. 38, Sched. 4, s. 27 (2, 3) - 10/12/2016

Legal claim

15 (1) If the Public Guardian and Trustee pays money into the Consolidated Revenue Fund under section 11 or subsection 14 (1) and a person later establishes, to the satisfaction of the Public Guardian and Trustee, a legal claim to all or part of the money, the person is entitled to receive it. 2015, c. 38, Sched. 4, s. 27 (4).

Interest payable, limitation

(2) No interest is payable to a claimant on money mentioned in subsection (1) for any period of time after the earlier of the following:

1. 10 years after the death of the intestate person.

2. The day the money is paid into the Consolidated Revenue Fund. 2015, c. 38, Sched. 4, s. 27 (4).

Recovery from Consolidated Revenue Fund

(3) If a person has established a legal claim to money under this section to the satisfaction of the Public Guardian and Trustee and the money has been paid into the Consolidated Revenue Fund, the money may be paid out of the Consolidated Revenue Fund to the Public Guardian and Trustee to be administered in accordance with this Act. 2015, c. 38, Sched. 4, s. 27 (4).

Same

(4) This section applies with respect to any claim made on or after the day the Escheats Act, 2015 comes into force, regardless of when the money was paid into the Consolidated Revenue Fund. 2015, c. 38, Sched. 4, s. 27 (4).

Section Amendments with date in force (d/m/y)

2015, c. 38, Sched. 4, s. 27 (4) - 10/12/2016

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