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Wills, Estates, and Guardianship
 Please refer to the
Where Do I Start (491 KB) document for instruction on how
to complete forms for a Grant of Probate or Letters of
Administration.
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, please click
REQUISITION FOR SEARCH.
There are fees involved in applying to the court for estate
documents. For information regarding fees, please refer to the
schedule of fees.
Probate
This is when a person dies with a Will. This is issued to one
or more of the executors named in a will.
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.
| Required |
If Applicable |
Attachments |
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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 Registrar of the Supreme Court.
All Schedules must be initialed by the Applicant and the
Person taking the Oath.
| 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 Registrar of the Supreme Court.
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.
| Required |
If Applicable |
Attachments |
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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 Registrar of the Supreme Court.
All Schedules must be initialed by the Applicant and the
Person taking the Oath.
| Required |
If Applicable |
Attachments |
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- 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 Registrar of the Supreme Court.
All Schedules must be initialed by the Applicant and the
Person taking the Oath.
| Required |
If Applicable |
Attachments |
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- Certified Copy of Previous Grant
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Guardianship Minor
This is issued for when a person, who is under the age of
majority (19 years), for a variety of reasons, needs help to
make decisions with respect to their personal financial affairs.
The most common reason is when there is a civil action
outstanding and a guardian has to be appointed or when a minor
has received an inheritance from a Will, etc.
Guardianship, minor (estate)
A grant of Guardianship (of the estate) is applied for when a
person, for a variety of reasons, needs help to make decisions
with respect to their personal financial affairs. They may be
under the age of majority, suffer from a mental illness or other
medical condition, or have a diminished capacity because of
advanced age.
Guardianship, minor (person)
A grant of Guardianship (of the person) is applied for when a
person is not able to make decisions with respect to their
health or medical care and treatment. They may be under the age
of majority or may not be able to communicate their wishes to
doctors or care givers, and this enables the guardian to speak
on their behalf in this respect. It does not give the guardian
authority to make decisions with respect to financial affair.
Guardianship (Person) is rare and occurs when there is no
next of kin. Guardianship (Estate) is the most common.
Please note that in most instances the Registrar of the
Supreme Court is appointed as Guardian in a Guardianship, Minor
estate. It is very rare for a parent or other next of kin to be
appointed. As well, when the Registrar is appointed, the
Guardianship Bond and Oath of Guardian documents are not
required.
All Schedules must be initialed by the Applicant and the
Person taking the Oath.
| Required |
If Applicable |
Attachments |
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Guardianship Mentally Incompetent Person
This is issued when a person is not able to make decisions
with respect to their personal financial affairs or their health
or medical care and treatment. They may not be able to
communicate their wishes to doctors or care givers. They may
suffer from a mental illness or other medical condition, or have
a diminished capacity because of advanced age. An Affidavit from
a medial doctor is required.
Guardianship, mentally disabled (estate)
A grant of Guardianship (of the estate) is applied for when a
person, for a variety of reasons, needs help to make decisions
with respect to their personal financial affairs. They may be
under the age of majority, suffer from a mental illness or other
medical condition, or have a diminished capacity because of
advanced age.
Guardianship, mentally disabled (person)
A grant of Guardianship (of the person) is applied for when a
person is not able to make decisions with respect to their
health or medical care and treatment. They may be under the age
of majority or may not be able to communicate their wishes to
doctors or care givers, and this enables the guardian to speak
on their behalf in this respect. It does not give the guardian
authority to make decisions with respect to financial affair.
Guardianship (Person) is rare and occurs when there is no
next of kin. Guardianship (Estate) is the most common.
All Schedules must be initialed by the Applicant and the
Person taking the Oath.
| Required |
If Applicable |
Attachments |
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