The Affidavit of Legal Beneficiaries is a critical document in Canadian estate administration that serves to formally identify and verify all parties who have a legal claim to inherit from a deceased person's estate. This sworn statement is typically prepared when an estate is being administered, whether there is a will or in cases of intestacy. The document must be executed by someone with direct knowledge of the deceased's family and beneficiaries, usually the estate's executor or administrator. It includes detailed information about the deceased, all potential beneficiaries, their relationships to the deceased, and their respective entitlements. This affidavit is particularly important in provinces where courts require formal documentation of beneficiaries before distributing estate assets, and it helps protect executors and administrators from liability by creating a clear record of entitled parties.
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1. Title and Introduction: Identifies the document as an Affidavit of Legal Beneficiaries and states the deponent's name, address, and occupation
2. Declarant Information: Details about the person making the affidavit, including their capacity to make the declaration (executor, administrator, etc.)
3. Deceased Information: Full details about the deceased person, including full legal name, date of death, last address, and marital status at time of death
4. Estate Details: Basic information about the estate, including whether there was a will, date of will if applicable, and approximate value of the estate
5. Beneficiary Details: Comprehensive list of all legal beneficiaries, including their full names, addresses, relationships to the deceased, and their respective entitlements
6. Declaration of Truth: Formal statement affirming that all information provided is true and accurate to the best of the deponent's knowledge
7. Execution Block: Space for signature, date, and commissioner of oaths details and stamp
1. Minor Beneficiaries: Section including details of any beneficiaries who are minors and their legal guardians, required when there are beneficiaries under the age of majority
2. Predeceased Beneficiaries: Information about any named beneficiaries who died before the deceased, required when there are predeceased beneficiaries whose share may pass to their descendants
3. Foreign Beneficiaries: Additional details required for beneficiaries residing outside of Canada, including their citizenship status and foreign addresses
4. Disclaimers: Information about any beneficiaries who have disclaimed their inheritance, required when there are formal disclaimers
5. Capacity Issues: Details about any beneficiaries who lack legal capacity and their legal representatives, required when applicable
1. Schedule A - Identification Documents: Copies of identification documents for the deponent and deceased person
2. Schedule B - Death Certificate: Certified copy of the death certificate of the deceased
3. Schedule C - Will Extract: If applicable, relevant extracts from the will showing beneficiary designations
4. Schedule D - Family Tree: Diagram showing the family relationships between the deceased and beneficiaries, particularly important in intestate cases
5. Schedule E - Supporting Documents: Any additional documentation supporting beneficiary claims or relationships (birth certificates, marriage certificates, etc.)
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