When applying for a Certificate of Appointment of Estate Trustee, courts often require a bond to protect the estate and its beneficiaries from improper administration. This is especially common in situations where:

• The deceased died without a Will
• The Will does not name an estate trustee
• The named estate trustee is a non-resident
• The estate is of large value

In certain cases, courts may waive the bond requirement—particularly when all beneficiaries consent to the appointment and waiver.

When a bond is not required

A bond may not be required when:

• The applicant is a government agency
• The applicant is a trust corporation
• The deceased’s spouse is applying, and:
  •  The estate’s value does not exceed the spouse’s entitlement
  •  The spouse files an affidavit of the estate’s debts

However, even in these cases, a motion still must be made to request dispensation of the bond requirement.

Dispensing with an administration bond

Courts have discretion to dispense with the bond under “special circumstances”. A successful motion must include:

• Identification of all the beneficiaries
• Details about any minor or incapable beneficiaries
• The value of the beneficiaries’ interests
• Consents from all beneficiaries (or an explanation of how their interests will be protected)
• Confirmation of paid debts (including business debts)
• Evidence of how any outstanding debts will be paid
• The deceased’s last occupation

Bond amount and reduction

By default, the bond must be twice the value of the estate. However, courts may reduce the required bond in certain situations, such as:

• When applying as a succeeding trustee and only the remaining assets are considered
• When applying for a resealing of a foreign grant, the bond is based only on Ontario assets

Practical advice

Applicants should be prepared to post the bond when submitting their application. Use:

• Form 74.32 – for insurance company bonds
• Form 74.33 – for personal surety bonds

Bond applications typically require full financial disclosure, including estate assets and personal liabilities. If the estate will remain open for an extended period (e.g., due to a minor beneficiary), consider appointing a trust company.

The bond remains with the court until cancelled. To request cancellation, the trustee must:

• Submit an affidavit confirming the estate’s administration is complete
• Provide proof that all debts have been paid
• Obtain written consents from beneficiaries confirming they are satisfied
• Submit a draft court order for return of the bond

Getting the legal help you need

Wills are extremely important documents and relatively inexpensive to have prepared professionally. If you want to make sure your Will is legal and clearly expresses your wishes, you should consult a lawyer. A lawyer can also provide advice and assistance settling an estate.

								
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