BY PAUL B. ADAM, ASSOCIATE LAWYER
A common practice in Ontario that has allowed an Estate Trustee to get going with the management of an Estate, before the precise value of each asset is known, is to file an application for a certificate of appointment with best estimate values of certain assets.
Such an Application is accompanied by a sworn statement, known as an "Undertaking," that the Estate Trustee will file another sworn statement shortly with updated values, and either request a refund of the tax already paid, or pay up anything owed.
A common practice in Ontario that has allowed an Estate Trustee to get going with the management of an Estate, before the precise value of each asset is known, is to file an application for a certificate of appointment with best estimate values of certain assets.Such an Application is accompanied by a sworn statement, known as an "Undertaking," that the Estate Trustee will file another sworn statement shortly with updated values, and either request a refund of the tax already paid, or pay up anything owed.
This practice has had the benefit of getting the estate up and running, even if all necessary numbers are not yet available.
This can free up Estate funds that may then be necessary to pay for appraisals and other documentation necessary to establish actual, rather than estimated values for estate assets.
This can free up Estate funds that may then be necessary to pay for appraisals and other documentation necessary to establish actual, rather than estimated values for estate assets.
- Paul B. Adam, Toronto
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