The Estate Affidavit is a foundational document in Canadian estate administration, required when managing and distributing a deceased person's assets. This sworn statement is typically prepared when initiating probate proceedings or when formal verification of estate-related facts is needed by various institutions. The document contains detailed information about the deceased, their assets, liabilities, beneficiaries, and the capacity of the person administering the estate. Estate Affidavits must comply with both federal and provincial legislation, including the Canada Evidence Act and provincial estate administration laws. They are commonly used to establish the authority of estate representatives, facilitate asset transfers, and provide official documentation for courts, financial institutions, and government agencies.
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1. Affiant Information: Full legal name, address, and relationship to the deceased
2. Deceased Person Information: Full legal name of the deceased, last address, date and place of death
3. Capacity Statement: Declaration of the affiant's capacity to make the affidavit and basis of knowledge
4. Estate Details: General description of the estate, including approximate value and major asset categories
5. Will Status: Declaration regarding existence or non-existence of a will and its current location
6. Next of Kin: List of all known next of kin and their relationship to the deceased
7. Debts and Liabilities: Statement regarding known debts and liabilities of the deceased
8. Declaration of Truth: Formal statement affirming that all information provided is true and accurate
9. Execution Block: Space for signature, date, and commissioner of oaths' information
1. Foreign Assets: Details of any assets located outside the jurisdiction, used when deceased owned foreign property
2. Business Interests: Information about deceased's business holdings, required when deceased owned business interests
3. Multiple Wills: Details of multiple wills if deceased had separate wills for different jurisdictions or asset types
4. Dependent Support: Information about dependents requiring support from the estate, included when there are dependent family members
5. Previous Estate Applications: Details of any previous applications related to the estate, included if prior legal proceedings exist
6. Charitable Bequests: Information about charitable donations specified in the will, included when charitable gifts are involved
1. Schedule A - Asset Inventory: Detailed list of all known assets of the deceased, including descriptions and estimated values
2. Schedule B - Liabilities List: Comprehensive list of all known debts and liabilities of the deceased
3. Schedule C - Next of Kin Details: Complete information about all next of kin, including addresses and contact information
4. Schedule D - Will Extract: Relevant excerpts from the will, if one exists
5. Schedule E - Supporting Documents: List of all documents attached to support the affidavit (death certificate, will, etc.)
6. Schedule F - Real Property Details: Detailed information about any real estate owned by the deceased
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