The Affidavit of Executor is a fundamental document in Canadian estate administration, required when applying for probate or letters of administration in Canadian courts. This sworn statement is necessary when an executor needs to formally establish their authority to act on behalf of the deceased's estate. The document must be prepared with precise attention to detail as it forms part of the court record and serves multiple purposes: it confirms the executor's identity and willingness to serve, provides crucial information about the deceased and their assets, and outlines the executor's understanding of their duties and responsibilities. The affidavit typically includes detailed schedules of assets and liabilities, information about beneficiaries, and various declarations required by the court to ensure proper estate administration.
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1. Identification of Deponent: States the name, address, and occupation of the executor making the affidavit
2. Deceased's Information: Details about the deceased person including full legal name, date of death, and last address
3. Relationship and Capacity: Explains the relationship between the executor and the deceased, and confirms the executor's legal capacity to act
4. Will Details: Information about the will, including its date and confirmation that it is the last will and testament
5. Estate Value Declaration: Statement of the estimated total value of the estate, broken down into real property and personal property
6. Next of Kin: List of all known next of kin of the deceased
7. Executor Commitments: Declarations regarding the executor's commitment to faithfully administer the estate
8. Notice to Beneficiaries: Confirmation that all beneficiaries have been or will be notified
9. Oath of Executor: Formal sworn statement confirming the truth of all statements made in the affidavit
1. Multiple Executors: Required when there are co-executors, explaining the division of responsibilities
2. Renunciation of Co-Executors: Needed if any named executors are renouncing their right to act
3. Foreign Assets: Required when the deceased owned assets in other jurisdictions
4. Business Interests: Necessary when the deceased owned business interests requiring special administration
5. Minor Beneficiaries: Required when there are beneficiaries under the age of majority
6. Previous Marriages: Needed when the deceased had previous marriages that might affect the estate
1. Schedule A - Estate Assets: Detailed inventory of all assets owned by the deceased at time of death
2. Schedule B - Estate Liabilities: Comprehensive list of all debts and liabilities of the estate
3. Schedule C - Real Property: Details of all real estate owned by the deceased
4. Schedule D - Personal Effects: Inventory of significant personal property and effects
5. Schedule E - Investment Assets: List of stocks, bonds, and other investment vehicles
6. Schedule F - Insurance Policies: Details of life insurance and other relevant insurance policies
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