| Administrator,
Administratrix |
Man/ woman appointed by
the Courts to distribute the estate of a person who
died without a Will. |
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| Dependents' Relief Act |
Ontario law permitting a spouse or
child to obtain benefits from an estate if not provided
for in the Will. |
| |
| Encroach |
Paying out of money or assets held
in trust to a beneficiary. |
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| Escheat |
Appropriation by government of an
estate without a Will or next-of-kin. |
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| Estate File |
Contains all documents needed to
grant Letters Probate or Letters of Administration.
Includes the petition for probate or administration,
the original Will, oaths of executors or administrators,
tally of assets, and related evidence. |
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| Executor/Executrix |
Man/ woman named in a Will to distribute
the estate. |
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| Index |
Organized by surname initial and
date. Gives the number of the deceased's Estate File
and/or the Register and page number. |
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| Intestate |
A person, or the act of dying, without
a Will. |
| |
| Letters of Administration;
with Will Annexed |
Court grant appointing an administrator
to distribute the estate of a person dying without
a Will; the same in cases where the Executor named
in the Will has since died. |
| |
| Letters Probate |
Court grant confirming the Executor
named in the Will. Includes the official transcript
of the will. |
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| Life interest |
Benefits awarded by a Will to be
enjoyed only during the beneficiary's life. |
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| Register |
Also known as Probate and Administration
books, they contain the court's copy of all grants
of probate (in estates with wills) and administration
(estates without wills). Prior to 1858, there
was no standard format established for the Registers
so their contents and organization can vary.
After 1858, a standard format was laid down and copies
of wills were to be included after Grants of Probate,
and, copies of bonds were to be included after Grants
of Administration. |
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| Succession Duty Act (1892) |
Ontario law requiring duty be paid
on estates. The Act dictates a full valuation be made
of the estate with a beneficiaries roll listing their
relation (if any) to the deceased. Proof of payment
of all duties had to be filed with the Court before
the estate could be finally probated. |
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| Testate |
A person, or the act of dying, with
a Will. |
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| Testator/Testatrix |
Man/ woman who makes a Will. |
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| Will |
A deposition made before witnesses,
outlining the deceased's final wishes. May include
later codicils (amendments). The original was filed
in the Estate File and a transcription copied into
the Register. Early courts allowed Wills to be registered
"in anticipation" but this not mean they
were eventually probated. |
