Estates Administration Act

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Sections59

• 1Definitions

  1 In this Act, “court” means the Superior Court of Justice; (“cour”) “judge” means a judge of the Superior Court of Justice; (“juge”) “mentally incapable person” means a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian or an attorney for property under a continuing power of attorney for property; (“incapable mental”) “personal representative” means an executor, an administrator, or an administrator with the will annexed. (“représentant successoral”) R.S.O. 1990, c. E.22, s. 1; 2006, c. 19, Sched. C, s. 1 (1); 2009, c. 33, Sched. 2, ss. 31 (1, 2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2009, c. 33, Sched. 2, s. 31 (1, 2) - 15/12/2009

• 1.
• 2Devolution to personal representative of deceased

  2 (1) All real and personal property that is vested in a person without a right in any other person to take by survivorship, on the person’s death, whether testate or intestate and despite any testamentary disposition, devolves to and becomes vested in his or her personal representative from time to time as trustee for the persons by law beneficially entitled thereto, and, subject to the payment of the person’s debts and so far as such property is not disposed of by deed, will, contract or other effectual disposition, it shall be administered, dealt with and distributed as if it were personal property not so disposed of. R.S.O. 1990, c. E.22, s. 2 (1). Idem, where under appointment (2) This section applies to property over which a person executes by will a general power of appointment as if it were property vested in the person. R.S.O. 1990, c. E.22, s. 2 (2). Exceptions (3) This section…

• 2.
• 3Application of enactments as to probate, etc.

  3 The enactments and rules of law relating to the effect of probate or letters of administration as respects personal property and as respects the dealing with personal property before probate or administration and as respects the payment of costs of administration and other matters in relation to the administration of personal estate and the powers, rights, duties and liabilities of personal representatives in respect of personal estate apply to real property vesting in them, so far as the same are applicable as if that real property were personal property, save that it is not lawful for some or one only of several joint personal representatives without the authority of a judge to sell or transfer real property. R.S.O. 1990, c. E.22, s. 3.

• 3.
• 4Real and personal property assimilated in matters of administration

  4 Subject to the other provisions of this Act, in the administration of the assets of a deceased person, his or her real property shall be administered in the same manner, subject to the same liability for debts, costs and expenses and with the same incidents as if it were personal property, but nothing in this section alters or affects as respects real or personal property of which the deceased has made a testamentary disposition the order in which real and personal assets are now applicable to the payment of funeral and testamentary expenses, the costs and expenses of administration, debts or legacies, or the liability of real property to be charged with the payment of legacies. R.S.O. 1990, c. E.22, s. 4.

• 4.
• 5Payment of debts out of residuary estate

  5 Subject to section 32 of the Succession Law Reform Act, the real and personal property of a deceased person comprised in a residuary devise or bequest, except so far as a contrary intention appears from the person’s will or any codicil thereto, is applicable rateably, according to their respective values, to the payment of his or her debts, funeral and testamentary expenses and the cost and expenses of administration. R.S.O. 1990, c. E.22, s. 5.

• 5.
• 6How far personal representatives to be deemed “heirs”

  6 When any part of the real property of a deceased person vests in his or her personal representative under this Act, such personal representative, in the interpretation of any Act of the Legislature or in the construction of any instrument to which the deceased was a party or under which the deceased is interested, shall, while the estate remains in the personal representative, be deemed in law the deceased’s persons heir, in respect of such part, unless a contrary intention appears, but nothing in this section affects the beneficial right to any property or the construction of words of limitation of any estate in or by any deed, will or other instrument. R.S.O. 1990, c. E.22, s. 6.

• 6.
• 7Trust estates and interests of mortgagees

  7 Where an estate or interest of inheritance in real property is vested on a trust or by way of mortgage in a person solely, it, on his or her death, despite any testamentary disposition, devolves to and becomes vested in the person’s executor or administrator in like manner as if it were personal estate vesting in him or her, and accordingly all the like powers for one only of several joint executors or administrators as well as for a single executor or administrator and for all the executors and administrators together to dispose of and otherwise deal with it belong to the deceased’s executor or administrator with all the like incidents but subject to all the like rights, equities and obligations as if it were personal estate vesting in him or her, and for the purposes of this section the executor or administrator of the deceased shall be deemed in law his or her heirs and assigns with…

• 7.
• 8Who to be defendants in action for foreclosure where no personal representative of mortgagor

  8 (1) Where there is no legal personal representative of a deceased mortgagor of freehold property, it is sufficient for the purposes of an action for the foreclosure of the equity of redemption in, or for the sale of such property that the person beneficially entitled under the last will and testament, if any, of the deceased mortgagor, or under Part II of the Succession Law Reform Act, to such property or the proceeds thereof be made defendant to such action, and it is not necessary that a legal personal representative of the deceased mortgagor be appointed or be made a defendant thereto unless it is otherwise ordered by the court in which the action is brought, but, if during the pendency of such action, the equity of redemption devolves upon and becomes vested in a legal personal representative of the mortgagor, the legal personal representative shall be made a party to the action. R…

• 8.
• 9Vesting of real estate not disposed of within 3 years

  9 (1) Real property not disposed of, conveyed to, divided or distributed among the persons beneficially entitled thereto under section 17 by the personal representative within three years after the death of the deceased is, subject to the Land Titles Act in the case of land registered under that Act and subject to subsections 53 (3) and (5) of the Registry Act, and subject as hereinafter provided, at the expiration of that period, whether probate or letters of administration have or have not been taken, thenceforth vested in the persons beneficially entitled thereto under the will or upon the intestacy or their assigns without any conveyance by the personal representative, unless such personal representative, if any, has signed and registered, in the proper land registry office, a caution in the form prescribed by regulation under subsection (7), and, if a caution is so registered, the r…

• 9.
• 10Ordinary rights of executors, etc., preserved

  10 Nothing in section 9 derogates from any right possessed by an executor or administrator with the will annexed under a will or under the Trustee Act or from any right possessed by a trustee under a will. R.S.O. 1990, c. E.22, s. 10.

• 10.
• 11Registration of caution after three years from death of testator

  11 (1) Where a personal representative has not registered a caution within the proper time after the death of the deceased or has not reregistered a caution within the proper time, the personal representative may register or reregister the caution, as the case may be, if there is registered therewith, (a) the affidavit of execution; and (b) a further affidavit stating that the personal representative finds or believes that it is or may be necessary to sell the real property of the deceased, mentioned in the caution or part thereof, under the powers and in fulfilment of the duties of the personal representative and, as far as they are known to the personal representative, the names of all persons beneficially interested in the real property, and whether any, and, if so, which of them, are minors or mentally incapable persons; and (c) the written consent of every adult, of the Children’s L…

• 11.
• 12Effect of repealing enactment

  12 Where a caution has been registered or reregistered under any enactment repealed and not re-enacted by this Act and is still in force, such caution has the same effect as if such enactment had not been repealed and may be registered in the manner provided by section 9. R.S.O. 1990, c. E.22, s. 12.

• 12.
• 13Vacating caution

  13 Any person beneficially entitled to any real property affected by the registration or reregistration of a caution may apply to a judge to vacate the registration or reregistration, and the judge, if satisfied that the vesting of any such real property in such person or of any property of the deceased in any other of the persons beneficially entitled ought not to be delayed, may order that the registration or reregistration be vacated as to such property, and every caution, the registration or reregistration of which is so vacated, thereafter ceases to operate. R.S.O. 1990, c. E.22, s. 13.

• 13.
• 14Land in two or more persons

  14 Where real property becomes vested under this Act in two or more persons beneficially entitled under this Act, they take as tenants in common in proportion to their respective rights, unless in the case of a devise they take otherwise under the will of the deceased. R.S.O. 1990, c. E.22, s. 14.

• 14.
• 15Sales where minors interested

  15 (1) Where a minor is interested in real property that but for this Act would not devolve on the personal representative, no sale or conveyance is valid under this Act without the written approval of the Children’s Lawyer, or, in the absence of such consent or approval, without an order of a judge. R.S.O. 1990, c. E.22, s. 15 (1); 1994, c. 27, s. 43 (2). Local guardians (2) A judge may appoint himself or herself or another judge as local guardian of minors in a county or district during the pleasure of the judge, with authority to give such written approval instead of the Children’s Lawyer, and the Children’s Lawyer and local guardian are subject to such rules as the court may make in regard to their authority and duties under this Act. R.S.O. 1990, c. E.22, s. 15 (2); 1994, c. 27, s. 43 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 43 (2) - 03/04/1995

• 15.
• 16Powers of personal representative over real property

  16 Except as otherwise provided in this Act, the personal representative of a deceased person has power to dispose of and otherwise deal with the real property vested in the personal representative by virtue of this Act, with the like incidents, but subject to the like rights, equities and obligations, as if the real property were personal property vested in the personal representative. R.S.O. 1990, c. E.22, s. 16.

• 16.
• 17Powers of executors and administrators as to selling and conveying real estate

  17 (1) The powers of sale conferred by this Act on a personal representative may be exercised for the purpose not only of paying debts but also of distributing or dividing the estate among the persons beneficially entitled thereto, whether there are or are not debts, and in no case is it necessary that the persons beneficially entitled concur in any such sale except where it is made for the purpose of distribution only. R.S.O. 1990, c. E.22, s. 17 (1). Concurrence of heirs and devisees (2) Except with the approval of the majority of the persons beneficially entitled thereto representing together not less than one-half of all the interests therein, including the Children’s Lawyer acting on behalf of a minor or the Public Guardian and Trustee acting on behalf of a mentally incapable person who has no guardian or attorney for property, no sale of any such real property made for the purpose …

• 17.
• 18Effect of accepting share of purchase money

  18 The acceptance by an adult of his or her share of the purchase money in the case of a sale by a personal representative that has been made without the written approval of the Children’s Lawyer or of the Public Guardian and Trustee, where such approval is required, is a confirmation of the sale as to him or her. R.S.O. 1990, c. E.22, s. 18; 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 2, s. 31 (9). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 43 (2) - 03/04/1995 2009, c. 33, Sched. 2, s. 31 (9) - 15/12/2009

• 18.
• 19Protection of purchasers from personal representatives

  19 A person purchasing in good faith and for value real property from a personal representative in a manner authorized by this Act is entitled to hold it freed and discharged from any debts or liabilities of the deceased owner, except such as are specifically charged thereon otherwise than by his or her will, and from all claims of the persons beneficially entitled thereto, and is not bound to see to the application of the purchase money. R.S.O. 1990, c. E.22, s. 19.

• 19.
• 20Repealed

  20 Repealed: 2009, c. 33, Sched. 2, s. 31 (10). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 31 (10) - 15/12/2009

• 20.
• 21Protection of purchasers from beneficiary

  21 (1) A person purchasing real property in good faith and for value from a person beneficially entitled, to whom it has been conveyed by the personal representative, by leave of a judge, is entitled to hold it freed and discharged from any debts and liabilities of the deceased owner, except such as are specifically charged thereon otherwise than by his or her will, but nothing in this section affects the rights of creditors as against the personal representative personally, or as against any person beneficially entitled to whom real property of a deceased owner has been conveyed by the personal representative. R.S.O. 1990, c. E.22, s. 21 (1). Extent to which real property remains liable to debts and personal liability of beneficiary (2) Real property that becomes vested in a person beneficially entitled thereto under section 9 continues to be liable to answer the debts of the deceased o…

• 21.
• 22Powers of personal representative as to leasing and mortgaging

  22 (1) The powers of a personal representative under this Act include, (a) power to lease from year to year while the real property remains vested in the personal representative; (b) power, with the approval of the majority of the persons beneficially entitled thereto representing together not less than one-half of all the interest therein including the Children’s Lawyer acting on behalf of a minor or the Public Guardian and Trustee acting on behalf of a mentally incapable person who has no guardian or attorney for property, to lease for a longer term; (c) power to mortgage for the payment of debts. R.S.O. 1990, c. E.22, s. 22 (1); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 2, s. 31 (11). Approval of Children’s Lawyer or of Public Guardian and Trustee (2) The written approval of the Children’s Lawyer or of the Public Guardian and Trustee to mortgaging is required where it would be requi…

• 22.
• 23Rights of purchaser in good faith against claims of creditors

  23 (1) A purchaser in good faith and for value of real property of a deceased owner that has become vested under section 9 in a person beneficially entitled thereto is entitled to hold it freed and discharged from the claims of creditors of the deceased owner except such of them of which the purchaser had notice at the time of the purchase. R.S.O. 1990, c. E.22, s. 23 (1). Liability of personal representative (2) Nothing in subsection (1) affects the right of the creditor against the personal representative personally where the personal representative has permitted the real property to become vested in the person beneficially entitled to the prejudice of the creditor or against the person beneficially entitled. R.S.O. 1990, c. E.22, s. 23 (2).

• 23.
• 24Search for children born outside marriage

  24 (1) A personal representative shall make reasonable inquiries for persons who may be entitled by virtue of a relationship traced through a birth outside marriage. R.S.O. 1990, c. E.22, s. 24 (1). Liability of personal representative (2) A personal representative is not liable for failing to distribute property to a person who is entitled by virtue of a relationship traced through a birth outside marriage where, (a) the personal representative makes the inquiries referred to in subsection (1) and the entitlement of the person entitled was not known to the personal representative at the time of the distribution; and (b) the personal representative makes such search of the records of the Registrar General relating to parentage as is available for the existence of persons who are entitled by virtue of a relationship traced through a birth outside marriage and the search fails to disclose …

• 24.
• 25Cases of children advanced by settlement, etc.

  25 (1) If a child of an intestate has been advanced by the intestate by settlement or portion of real or personal property or both, and the same has been so expressed by the intestate in writing or so acknowledged in writing by the child, the value thereof shall be reckoned, for the purposes of this section only, as part of the real and personal property of the intestate to be distributed under this Act, and if the advancement is equal to or greater than the amount of the share that the child would be entitled to receive of the real and personal property of the intestate, as so reckoned, then the child and his or her descendants shall be excluded from any share in the real and personal property of the intestate. R.S.O. 1990, c. E.22, s. 25 (1). If advancement is not equal (2) If the advancement is less than the share, the child and his or her descendants are entitled to so much only of t…

• 25.
• 26Distribution not to be made for one year

  26 Subject to section 53 of the Trustee Act, no distribution shall be made on an intestacy until after one year from the death of the intestate, and every person to whom in distribution a share is allotted shall, if any debt owing by the intestate is afterwards sued for and recovered or otherwise duly made to appear, refund and pay back to the personal representative the person’s rateable part of that debt and of the costs of suit and charges of the personal representative by reason of such debt out of the part or share so allotted to the person, thereby to enable the personal representative to pay and satisfy such debt, and shall give bond with sufficient sureties that the person will do so. R.S.O. 1990, c. E.22, s. 26.

• 26.
• 27Appointment of temporary deputy Children’s Lawyer

  27 The Lieutenant Governor in Council may appoint a temporary deputy of the Children’s Lawyer for the purposes of this Act who shall have all the powers of the Children’s Lawyer for such purposes. R.S.O. 1990, c. E.22, s. 27; 1994, c. 27, s. 43 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 43 (2) - 03/04/1995

• 27.
• 28Affidavits

  28 Affidavits may be used in proceedings taken under this Act. R.S.O. 1990, c. E.22, s. 28.

• 28.
• [s28]

  FORM 1 Repealed: 2017, c. 20, Sched. 11, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 11, s. 9 - 01/01/2022

• [s29]

  FORM 2 Repealed: 2017, c. 20, Sched. 11, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 11, s. 9 - 01/01/2022

• [s30]

  FORM 3 Repealed: 2017, c. 20, Sched. 11, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 11, s. 9 - 01/01/2022 ______________