Home -> Law Blog Directory -> Estate Planning Blogs -> Toronto Estate Law Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Estate Planning
: Toronto Estate Law BlogWaiving the deposit requirement under the Estate Administration Tax Act, 1998
By Hull & Hull LLP
Section 3 of the Estate Administration Tax Act, 1998, requires an applicant for a Certificate of Appointment of Estate Trustee to make a deposit in an amount equal to the tax that will become payable under the Act. There is an exemption in subsection 4(2) of the Act, which grants a judge discretion to allow the "estate certificate" (as defined by the Act) where the judge is satisfied:
(a) that the estate certificate is urgently required;
(b) that financial hardship would result from not issuing the estate certificate before the deposit is made; and
(c) that sufficient security for the payment of the tax under this Act has been furnished to the court.
This provision was considered in Re Ethier Estate (2000), 35 E.T.R. (2d) 219. The applicant's request for a Certificate of Appointment of Estate Trustee With a Will based on only partial payment of the appropriate deposit was refused. First, the applicant did not supply any evidence to show what efforts were made to obtain the needed funds. Subsection 4(2) "offers last-resort relief to an applicant", who must establish why he is unable to advance the entire deposit to the estate, which may include taking out a loan. But mere convenience for the applicant is not a relevant consideration.
Second, "urgent" means "pressing or requiring prompt action". This element must be established on the evidence, and any delay in bringing the motion must be explained in the application material. In Re Ethier Estate, the applicant failed to explain a 4 month delay.
Third, "financial hardship" is not merely financial loss or privation, it involves severe financial loss or privation. This must be established on the evidence.
Re Ethier Estate describes a high bar for an exemption from the deposit requirement, or even a partial exemption.
Enjoy the weekend,
Chris Graham
Full post as published by Toronto Estate Law Blog on November 14, 2008 (boomark / email).
Language Requirements for Citizenship
Naturalization without an English language test
Real Estate Brokers
Questions home sellers should ask potential brokers
Real Estate Brokers
The role brokersplay
Estate Planning
Documents: durable power of attorney, living will, letter of instruction, and insurance trust
Military Veterans Benefits, Part 4
Where to get help
Wrestler Estate
Family of pro wrestler settle multi million dollar estate lawsuit.
Estate of Seth Tobias
$25 million estate to be split as part of settlement.
Estate Planners Face Elder Abuse Class Action
California Estate Planners Face Elder Abuse Class Action
Bank Transaction
City Bank president Mike Liner agrees to pay $25,000 fine for assisting in a cash deposit.
Bush Administration
class action settlement ensures Medicaid beneficiaries can continue to purchase prescription drugs at minimum cost when they become eligible for Medicare.
Department of Homeland Security, FBI, and Social Security Administration
allegedly denied social security insurance to disabled and elderly immigrants.

Safe Deposit Boxes and Estate Planning Documents
Tenancy Deposit Protection test case
High Court's first decision on GST: GST payable on forfeited deposit
FDIC Chairman Sheila C. Bair Reiterates Promise of Deposit Insurance









