When applying for a certificate of appointment of estate trustee, it is important to be cognizant of whether the deceased used more than one name. This may be the case if the deceased was recently married or divorced, and in the process of changing their name, or if the deceased simply chose to go by a different, chosen name for personal reasons. This month’s Solicitor’s Tip addresses complications that can arise during estate administration where the deceased used more than one name, explaining why it is important to ensure that the deceased’s alternate names are included on an application for a certificate of appointment of estate trustee. It also provides strategies for identifying alternate names used by the deceased. Even minor name discrepancies – such as the use of a preferred name or anglicized name – may give rise to practical difficulties during estate administration.
The Importance of Identifying the Deceased’s Alternate Names
Where the deceased used more than one name during their lifetime, the deceased’s legal name and alternate names ought to be provided when applying for a certificate of appointment of estate trustee. When completing Form 74A, Application for a Certificate of Appointment,[1] and Form 74C, Certificate of Appointment of Estate Trustee,[2] the applicant is expressly directed to provide alternate names used by the deceased.[3] It is important to include the alternate names on the application to ensure that all of the deceased’s assets and interests are properly identified. In fact, once a certificate of appointment of estate trustee has been granted, if the estate trustee discovers that the deceased had an asset registered under a name other than the name set out on the application, the applicant is required to disclose both the asset and the deceased’s other name in the Estate Information Return.[4]
It is also important to include the alternate names on the certificate of appointment of estate trustee to ensure that the estate trustee is able to establish that the deceased’s assets and interests in fact belonged to the deceased. If an asset is registered to the deceased under an alternate name that is not included on the certificate of appointment, the estate trustee may run into practical difficulties while administering the estate, as demonstrated by Wasney Estate decision.[5] In this case, the estate trustees tried to obtain a vesting order in respect of the deceased’s mining claims from the Ontario Land Tribunal, but were initially refused due to unexplained discrepancies in the deceased’s name. One variation of the deceased’s name was used in the Mining Recorder’s records, whereas another variation was recorded on the death certificate, with the deceased’s will and the certificate of appointment of estate trustee using a third variation, with a different middle name. To obtain the vesting order, the estate trustees were required to provide additional evidence to establish that all of the names were actually references to the deceased.[6]
Admittedly, the Tribunal did not confirm that it would have granted the vesting order initially if the variations of the deceased’s name had been included on the certificate of appointment of estate trustee. However, the Tribunal did explain that it was necessary to consider the issue of the deceased’s identity because the certificate made “no reference to the use of alternate names,” which led the Tribunal to “[assume] that the Applicants did not provide supporting proof that the Testator and Claim Holder used different names.”[7]
This case demonstrates how failing to include the deceased’s alternate names on a certificate of appointment of estate trustee can delay estate administration, even if the variations seem relatively minor. If the certificate of appointment does not include the name under which an asset or legal interest of the deceased is registered, proof of the deceased’s identity will likely need to be provided.[8]
Listing all of the deceased’s alternate names on a certificate of appointment of estate trustee is also recommended if the deceased was in the process of changing their name when they passed away. This process cannot be completed posthumously,[9] making it prudent to include both the deceased’s current legal name and chosen new name on the certificate of appointment.
Strategies for Identifying the Deceased’s Alternate Names
Where the deceased’s will lists the deceased’s alternate names – a recommended practice for drafting solicitors – each of those names ought to be included on Forms 74A and 74C when preparing an application for a certificate of appointment of estate trustee.[10] Where the will does not list the deceased’s alternate names, the applicant may be uncertain of whether the deceased went by an alternate name, or which alternate names ought to be included on Forms 74A and 74C. Under such circumstances, the applicant and their counsel should consider reviewing the deceased’s records to determine whether the deceased used an alternate name that should be included in the application materials. Potential records and documents that could be helpful include:
- Estate-planning and other legal documents, including the deceased’s will and codicils, powers of attorney, marriage certificates, marriage or separation agreements, divorce orders, change-of-name documentation, if available, deeds, and other agreements.
- Asset ownership and registration records, such as title to real property, investment and brokerage accounts, bank accounts, share certificates or corporate records, vehicle ownership, insurance policies, and registered plans.
- Financial records, including bank and credit-card statements, tax records and notices of assessment, pension records, loan or mortgage documents, and correspondence from financial institutions.
- Incoming payments, such as uncashed cheques, bank drafts, pension payments, refunds, or dividends.
- Government-issued records and registrations, including the deceased’s Driver’s Licence or Photo Card, health card, passport, social insurance number records, birth certificate, and immigration or citizenship documentation.
- Business records or professional documentation, such as business registrations, partnership documents, business contracts, invoices, or professional memberships.
- Regular correspondence and household records, such as utility bills, property tax bills, telephone/internet accounts, leases, membership records and other recurring correspondence.
It is also advisable to ask the deceased’s family, or individuals close to the deceased, whether the deceased had a former surname, an anglicized name, a preferred name, a shortened name or any other variation that may not appear in the documentation referenced above.
Conclusion
Where the deceased went by multiple names during their lifetime, this information ought to be disclosed when seeking a certificate of appointment of estate trustee. If the applicant is unsure whether the deceased used alternate names, or which names ought to be included in the application, it is advisable to review records that may identify the deceased, in addition to documents pertaining to the deceased’s assets and legal interests, and to consult with the deceased’s family and friends. While an estate can still be administered even if a name variation or an alternate name is not included on the certificate of appointment, taking the time to identify and address name discrepancies at the outset ought to help an estate trustee minimize complications or delays that could arise in the future when dealing with the deceased’s estate.
[1] Rules of Civil Procedure, RRO 1990, Reg 194, Form 74A.
[2] Ibid, Form 74C.
[3] It appears that applicants are not required to provide documentary proof of the deceased’s alternate names; see the Ministry of the Attorney General, Estates Court Staff Procedures Manual (Court Services Division, March 2026).
[4] See Information Required Under Section 4.1 of the Act, Ont Reg 310/14, s 3(2)5v.
[5] Wasney Estate, 2022 CanLII 9900 (ON LT).
[6] Ibid at paras 8-9.
[7] Ibid at para 6.
[8] Evidence that may be used to establish the deceased’s identity will be addressed in next month’s Solicitor’s Tip.
[9] In Re Madsen, 1985 CanLII 2159 (ON HCJ), the court confirmed that it is not possible to change a person’s legal name posthumously.
[10] Supra notes 1 and 2.