Wills, Estates, and Guardianship

Please note that if you intend to apply for probate or administration and the deceased was a status Indian or was entitled to be registered as a status Indian, you must contact Indian and Northern Affairs as the court may not be able to process your application. You must also contact Indian and Northern Affairs if you intend to apply for guardianship of a person that is a status Indian or is entitled to be registered as a status Indian.

Please refer to the Where Do I Start PDF (513 KB)  document for instruction on how to complete forms for a Grant of Probate or Letters of Administration.

Requisition for Search PDF - If you wish to make a search requisition to determine if a matter has been probated or administered through the Supreme Court in the Province of Newfoundland and Labrador.

There are fees involved in applying to the court for estate documents. For information regarding fees, please refer to the schedule of fees.

 

Regardless of the proceeding involved or form used, it is the litigant’s responsibility to ensure that documents filed with the court contain all the necessary information and comply with the applicable rules and law. Please read this disclaimer before using the forms. The official version of the forms can be found on the House of Assembly website.

When you click on a link to a form, it will open in a new window. The forms are in writable PDF (Adobe) format. They use a fill-in-the blank format and are best viewed with the most recent version of Adobe Acrobat Reader. You can complete the forms online and print them or you can save them to your computer so that you can return to them later. The forms can be saved to your computer with the following steps:

  • Click on the link to a form and select “File” and “Save As” from your Web Browser menu
  • Choose a save location and save the form to your computer
  • Use Adobe Reader on your computer to open the form and enter your information
  • If you would like to save the form with the information you have entered, select “File” and “Save” from the Adobe Reader menu

You can now use Adobe Reader to return to the form and your information at any time.

If you require more space than is provided on the form, you may attach additional pages to your document.

If you have any questions or comments about the forms, you may contact the court house in your area. Please note that court staff cannot provide legal advice.

 

Probate

This is when a person dies with a Will. This is issued to one or more of the executors named in a will.

PLEASE NOTE that the Will should be marked on the back of the last page with the signatures of the applicant, person proving the will (witness) and persons taking the affidavit of the witness and the applicant. The Will should always be referenced as Schedule A.

All Schedules must be initialed by the Applicant and the Person taking the Oath.

PDF Note: The following links are to PDFs and will open in a new window.

Required If Applicable Attachments
  • Will
  • Codicil

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Administration

This is issued when the deceased has not made a will.

PLEASE NOTE that in ALL instances for Administration Applications you MUST be a resident of the Province of Newfoundland and Labrador to apply EXCEPT if you are requesting that Letters be GRANTED to the Public Trustee.

All Schedules must be initialed by the Applicant and the Person taking the Oath.

PDF Note: The following links are to PDFs and will open in a new window.

Required If Applicable Attachments
 

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Administration, CTA cum testamento annexo (With Will Annexed)

This is issued where there is a will but there is no executor named or when the executor is unable or unwilling to apply for the grant.

PLEASE NOTE that in ALL instances for Administration Applications you MUST be a resident of the Province of Newfoundland and Labrador to apply EXCEPT if you are requesting that Letters be GRANTED to the Public Trustee.

A Will (always referenced as Schedule A) MUST be signed on the back page by the following individuals:

  • Applicant
  • Person Proving the Will
  • Person taking the Oath proving the Will

All Schedules must be initialed by the Applicant and the Person taking the Oath.

PDF Note: The following links are to PDFs and will open in a new window.

Required If Applicable Attachments
  • Will
  • Codicil

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Administration, DBN (De Bonis Non)

This is issued where an administrator of an estate dies or becomes incapable of continuing with his or her duties after a grant is made, but prior to the completion of the administration.

PLEASE NOTE that in ALL instances for Administration Applications you MUST be a resident of the Province of Newfoundland and Labrador to apply EXCEPT if you are requesting that Letters be GRANTED to the Public Trustee.

All Schedules must be initialed by the Applicant and the Person taking the Oath.

PDF Note: The following links are to PDFs and will open in a new window.

Required If Applicable Attachments
  • Certified Copy of Previous Grant

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Administration CTA DBN

This is issued where there is a will but the executor or administrator CTA dies or becomes incapacitated and therefore is unable to continue with his or her duties after a grant is made, but prior to the completion of the administration (and there is no other person to step in to that position according to the terms of any will).

PLEASE NOTE that in ALL instances for Administration Applications you MUST be a resident of the Province of Newfoundland and Labrador to apply EXCEPT if you are requesting that Letters be GRANTED to the Public Trustee.

All Schedules must be initialed by the Applicant and the Person taking the Oath.

PDF Note: The following links are to PDFs and will open in a new window.

Required If Applicable Attachments
  • Certified Copy of Previous Grant

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Guardianship Generally

Guardianship applications usually fall into two categories: Guardianship of Minors and Guardianship of Mentally Disabled Persons. These applications do not fit easily under Rule 56 like the other applications which are listed here, though they do raise some similar issues. Probate and Administration deal with settling the estate of a deceased person for the benefit of surviving beneficiaries. Guardianship deals with the management of the estate and personal affairs in the best interest of an individual, who because of age or mental disability, is not competent to do so himself or herself.

Guardianship of a Minor

Persons who are under the age of majority (19 years) may be required to have someone appointed to make decisions with respect to their personal financial affairs or their health and welfare. There are two separate types of guardianship of a minor: one type of guardianship deals only with the estate or financial affairs and one deals with decisions concerning the health and welfare of the minor.

Guardianship of the Estate (Minor)

A grant of Guardianship of the Estate of a minor is applied for when a person under the age of 19 years needs help to make decisions with respect to their personal financial affairs. For example, a grant may be made if there is an infant trust settlement after a motor vehicle accident or medical malpractice action. It is the responsibility of the person appointed to act in the best interests of the minor. This type of grant does not allow the guardian to make decisions about the health and welfare of the minor.

It is common for the Public Trustee to be appointed guardian of the estate of a minor. When the Public Trustee is appointed, the Guardianship Bond and Oath of Guardian documents are not required.

Guardianship of the Person (Minor)

A grant of Guardianship of the Person of a minor is applied for when a person under the age of 19 years is not able to make decisions with respect to their health or medical care and treatment. It is the responsibility of the person appointed to act in the best interests of the minor. It does not give the guardian authority to make decisions with respect to the financial affairs of the minor.

Mature minors may be able to appoint a person to make health care decisions on their behalf under the Advance Health Care Directives Act.  This is a planning tool created in advance of the minor not being able to communicate his or her wishes. You may wish to speak to a lawyer about the Advance Health Care Directives Act and preparing an advance health care directive.

All Schedules must be initialed by the Applicant and the Person taking the Oath.

Note: The following links are to PDFs and will open in a new window.

Required If Applicable Attachments
 

 

Guardianship of a Mentally Disabled Person

A mentally disabled person is one who has diminished capacity or is incompetent because of a mental illness or other medical condition or simply because of advanced age. It may be necessary to appoint someone to make decisions with respect to a mentally disabled person because they may not be able to communicate their wishes. There are two separate types of guardianship of a mentally disabled person: one type of guardianship deals only with the estate or financial affairs and the other relates to decisions concerning the health and welfare of the mentally disabled person. Applications to the court for guardianship of either the estate or person require an affidavit from a medical doctor to prove that the person is mentally disabled.

Guardianship of the Estate (Mentally Disabled Person)

A person can be given guardianship of a mentally disabled person’s estate when a person, for a variety of reasons, is unable to make decisions with respect to their personal financial affairs. There are two types of authority: under an enduring power of attorney or by a grant of the court. Both of these documents grant a person permission to deal only with the financial affairs of the mentally disabled person.

The Enduring Powers of Attorney Act is the statute that deals with enduring powers of attorney. This advanced planning tool allows a person to appoint a guardian before he or she is incompetent to do so. To create an enduring power of attorney, the person granting the power over his or her estate must be competent when it is signed. Some helpful information is found in the booklet Seniors and the Law published by the Public Legal Information Association of Newfoundland and Labrador. You may also wish to speak to lawyer about preparing an enduring power of attorney.

A grant of guardianship of the estate of a mentally disabled person requires an application to the court under the Mentally Disabled Persons’ Estates Act.  The forms found below may be helpful in preparing that application and an affidavit from a medical doctor is required to prove that the person is mentally disabled.

Guardianship of the Person (Mentally Disabled Person)

When a mentally disabled person is unable to make decisions with respect to their health, medical care and treatment, another person can be granted the authority to make decisions on his or her behalf. The Advance Health Care Directives Act allows someone to appoint a substitute decision maker while they are competent. The person granting the power over his or her person must be competent at the time the advance health care directive is signed. If a person is not competent and no substitute decision maker has been named, that Act also sets out a list of persons who can step into the role. An advance health care directive does not give authority to the person to deal with the financial affairs of the mentally disabled person. Some helpful information is found in the booklet Seniors and the Law published by the Public Legal Information Association of Newfoundland and Labrador. You may also wish to speak to lawyer about the Advance Health Care Directives Act and preparing an advance health care directive.

Although uncommon, the court may grant guardianship over the decisions relating to the health and welfare of a mentally disabled person. Among other things, the application to the court must set out the reasons why the application is being made and an affidavit from a medical doctor is required to prove that the person is mentally disabled. Please note that the forms found below are not designed for this type of application but may be adapted as necessary.

All Schedules must be initialed by the Applicant and the Person taking the Oath.

Note: The following links are to PDFs and will open in a new window.

Required If Applicable Attachments
• Affidavit from Physician

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