Taxonomy of Key Judicial Substantive Reliefs in Wills, Estates, and Capacity Litigation

1. Validity of Power of Attorney

Declaration that a continuing power of attorney for property is valid: Confirms that the power of attorney satisfies the applicable capacity, form, and execution requirements (S. 7–10, SDA; common law).

Declaration that a continuing power of attorney for property is invalid: Declares the power of attorney invalid because of incapacity, undue influence, fraud, improper execution, or another validity defect (S. 7–10, SDA; common law; equity).

Declaration that a power of attorney for personal care is valid: Confirms that the power of attorney satisfies the applicable capacity, form, and execution requirements (S. 46–48, SDA; common law).

Declaration that a power of attorney for personal care is invalid: Declares the power of attorney invalid because of incapacity, undue influence, fraud, improper execution, or another validity defect (S. 46–48, SDA; common law; equity).

2. Coming Into Effect of Power of Attorney

Declaration that a continuing power of attorney for property has come into effect: Determines that the date, incapacity, or other event or condition required to activate the attorney’s authority has occurred (S. 9, SDA; terms).

Declaration that a continuing power of attorney for property has not come into effect: Determines that the event or condition required to activate the attorney’s authority has not occurred (S. 9, SDA; terms).

Declaration that a power of attorney for personal care has come into effect: Determines that the grantor is incapable of making the relevant personal-care decision and that any additional condition imposed by the power of attorney has been satisfied (S. 49, SDA; terms).

Declaration that a power of attorney for personal care has not come into effect: Determines that the grantor is capable of making the relevant personal-care decision or that another condition required to activate the attorney’s authority has not been satisfied (S. 49, SDA; terms).

3. Authority of Power of Attorney

Declaration concerning the identity of the attorney authorized to act: Determines which named, substitute, or surviving attorney is lawfully entitled to exercise authority under the power of attorney (S. 7, 9, 46, 49, SDA; terms).

Declaration concerning joint or several authority of attorneys: Determines whether multiple attorneys must act jointly or may act separately (S. 7, 46, SDA; terms).

Declaration concerning the scope of an attorney’s authority over property: Determines which property, transactions, or decisions fall within the attorney’s authority and whether the authority is subject to any restriction or condition (S. 7, 38, SDA; terms).

Declaration concerning the scope of an attorney’s authority over personal care: Determines which personal-care decisions fall within the attorney’s authority and whether the authority is subject to any restriction, condition, or instruction (S. 46, 49, 66, SDA; terms).

Declaration concerning the validity or effect of instructions contained in a power of attorney for personal care: Determines whether an instruction is valid and how it affects the attorney’s authority to make personal-care decisions (S. 47, 50, 66, SDA; terms).

4. Exercise of Authority of Power of Attorney

Direction concerning an attorney’s exercise of authority over property: Resolves a question arising in connection with the attorney’s authority, powers, duties, or management of the grantor’s property (S. 39, SDA; terms).

Direction concerning an attorney’s exercise of authority over personal care: Resolves a question arising in connection with the attorney’s authority, powers, duties, or personal-care decisions (S. 68, SDA; terms).

Declaration that an attorney for property has complied with the applicable standard of care and statutory duties: Determines that the attorney exercised the authority diligently, honestly, with integrity, in good faith, and for the incapable person’s benefit (S. 32, 38, SDA; common law; equity).

Declaration that an attorney for property has breached the applicable standard of care or statutory duties: Determines that the attorney failed to exercise the authority diligently, honestly, with integrity, in good faith, or for the incapable person’s benefit (S. 32, 38, SDA; common law; equity).

Declaration that an attorney for personal care has complied with the applicable statutory duties: Determines that the attorney exercised the authority diligently, in good faith, and in accordance with the governing decision-making principles (S. 66, SDA).

Declaration that an attorney for personal care has breached the applicable statutory duties: Determines that the attorney failed to exercise the authority diligently, in good faith, or in accordance with the governing decision-making principles (S. 66, SDA).

Order restraining an attorney from exercising unauthorized authority: Prevents the attorney from taking or continuing an action that exceeds the authority granted by the power of attorney or governing law (S. 39, 68, SDA; terms; inherent jurisdiction).

Order restraining an attorney from taking a specified step: Temporarily prevents the attorney from completing a proposed sale, transfer, gift, expenditure, investment, personal-care decision, or other act while the relevant issue is determined (S. 39, 68, SDA; S. 101, CJA; R. 40; inherent jurisdiction).

Order temporarily suspending an attorney’s authority: Prevents the attorney from exercising all or specified authority pending determination of validity, termination, guardianship, or another disputed issue (S. 39, 68, SDA; S. 101, CJA; R. 40; inherent jurisdiction).

Order temporarily limiting an attorney’s authority: Restricts specified property-management or personal-care powers without finally determining that the power of attorney has terminated (S. 39, 68, SDA; S. 101, CJA; inherent jurisdiction).

Order requiring prior court approval before a specified transaction or decision: Prohibits the attorney from completing an identified property transaction or personal-care decision without further authorization from the court (S. 39, 68, SDA; inherent jurisdiction).

Order requiring the grantor’s funds to remain in a designated account: Requires money controlled by the attorney to be deposited and retained in an identified account pending further administration or order (S. 39, SDA; inherent jurisdiction).

Order requiring periodic reporting by an attorney: Requires reports at specified intervals concerning the grantor’s property, transactions, expenses, personal care, or the exercise of authority (S. 39, 68, SDA; inherent jurisdiction).

Order requiring advance notice before a specified transaction or decision: Requires the attorney to notify designated persons before completing an identified property-management or personal-care act (S. 39, 68, SDA; inherent jurisdiction).

Order requiring an attorney to preserve the grantor’s property: Requires specified protective steps to prevent loss, deterioration, dissipation, or unauthorized disposition of property (S. 32, 38, 39, SDA; common law; equity).

Order requiring disputed property to remain undisposed of: Prevents the attorney from selling, transferring, gifting, encumbering, or otherwise disposing of disputed property pending further determination (S. 39, SDA; S. 101, CJA; R. 40; inherent jurisdiction).

Order preserving existing personal-care arrangements: Prevents a disputed change in residence, services, treatment arrangements, access, or other personal-care circumstances pending determination of the attorney’s authority and duties (S. 68, SDA; S. 101, CJA; R. 40; inherent jurisdiction).

Order restraining a specified personal-care decision: Prevents the attorney from implementing an identified personal-care decision while its validity, authority, or propriety is determined (S. 68, SDA; S. 101, CJA; R. 40; inherent jurisdiction).

Order imposing interim conditions upon the exercise of an attorney’s authority: Makes continued exercise of authority subject to reporting, notice, account controls, consultation, transaction, decision-making, or other protective requirements (S. 39, 68, SDA; inherent jurisdiction).

Order varying or discharging an interim restriction on an attorney’s authority: Changes or terminates a protective restriction where the circumstances or need for protection have changed (S. 39, 68, SDA; S. 101, CJA; R. 40; inherent jurisdiction).

5. Termination of Power of Attorney

Declaration that a continuing power of attorney for property has terminated: Confirms that the attorney’s authority ended through revocation, the grantor’s death, the attorney’s resignation, death or incapacity, the execution of a subsequent continuing power of attorney, the appointment of a guardian of property, or another terminating event (S. 11–13, SDA; terms).

Declaration that a continuing power of attorney for property remains in effect: Determines that no event capable of terminating the power of attorney has occurred and that the attorney’s authority continues (S. 11–13, SDA; terms).

Declaration that a power of attorney for personal care has terminated: Confirms that the attorney’s authority ended through revocation, the grantor’s death, the attorney’s resignation, death or incapacity, the execution of a subsequent power of attorney, the appointment of a guardian of the person, or another terminating event (S. 52–53, SDA; terms).

Declaration that a power of attorney for personal care remains in effect: Determines that no event capable of terminating the power of attorney has occurred and that the attorney’s authority continues (S. 52–53, SDA; terms).

Order terminating a continuing power of attorney for property: Ends the attorney’s authority over property where the statutory requirements for termination or replacement through guardianship are established (S. 12, 22–24, SDA).

Order terminating a power of attorney for personal care: Ends the attorney’s authority over personal care where the statutory requirements for termination or replacement through guardianship are established (S. 53, 55–57, SDA).

Order suspending an attorney’s authority pending determination of termination: Prevents the attorney from exercising all or specified authority while the court determines whether the power of attorney remains effective or should be displaced through guardianship (S. 39, 68, SDA; S. 101, CJA; R. 40; inherent jurisdiction).

Order granting consequential directions following termination of a power of attorney: Requires delivery of property, money, records, keys, passwords, access information, and other materials to the grantor, guardian, estate trustee, substitute attorney, or other person legally entitled to receive them (S. 39, 68, SDA; common law; equity; inherent jurisdiction).

1. Capacity of the Person

Declaration that a person is incapable of managing property: Determines that the person is unable to understand information relevant to managing property or appreciate the reasonably foreseeable consequences of a decision or lack of decision (S. 6, SDA).

Declaration that a person is capable of managing property: Determines that the person possesses or has regained the capacity to manage property (S. 6, 20.3, 73, SDA).

Declaration that a person is incapable of personal care: Determines that the person is unable to understand information relevant to a personal-care decision or appreciate the reasonably foreseeable consequences of a decision or lack of decision (S. 45, SDA).

Declaration that a person is capable of personal care: Determines that the person possesses or has regained the capacity to make all or specified personal-care decisions (S. 45, 71, SDA).

Declaration that guardianship is necessary: Determines that decisions must be made on the person’s behalf and that the need cannot be met through a less restrictive alternative (S. 22, 55, SDA).

Declaration that guardianship is unnecessary: Determines that the person is capable, that no substitute decisions are required, or that the need can be met through a less restrictive alternative (S. 22, 55, SDA).

Order requiring a capacity assessment: Requires an assessment of the person’s capacity where capacity is materially in issue in a guardianship proceeding (S. 79, SDA).

Order authorizing entry for a capacity assessment: Permits an assessor and any person assisting the assessor to enter specified premises to conduct a court-ordered assessment (S. 79, SDA).

Order authorizing apprehension or reasonable force for a capacity assessment: Authorizes the measures necessary to bring the person to an assessment or permit the assessment to be completed where the statutory requirements are satisfied (S. 79, SDA).

2. Appointing Guardian

Appointment replacing the Public Guardian and Trustee as statutory guardian of property: Appoints an eligible and suitable applicant to replace the Public Guardian and Trustee as the person’s statutory guardian of property (S. 17, SDA).

Order dispensing with or varying security required for a statutory guardian: Dispenses with security, permits security in another form, or reduces the amount required for an applicant seeking to replace the Public Guardian and Trustee (S. 17, SDA).

Order appointing a guardian of property: Appoints a guardian to manage all or specified parts of an incapable person’s property (S. 22–24, SDA).

Order appointing joint guardians of property: Appoints two or more persons to exercise guardianship authority jointly over all or specified parts of the incapable person’s property (S. 24, SDA).

Order appointing a temporary guardian of property: Provides immediate, time-limited authority to protect an incapable person’s property from serious adverse effects (S. 27, SDA).

Order defining the authority of a temporary guardian of property: Specifies the property, transactions, expenditures, proceedings, and administrative functions falling within the temporary guardian’s authority (S. 27, SDA; terms of the appointment order).

Order requiring a temporary guardian of property to provide security: Requires a bond, undertaking, indemnity, or other security to protect the incapable person’s property during the temporary appointment (S. 27, SDA; inherent jurisdiction).

Order appointing a guardian of the person: Appoints a guardian to make all or specified personal-care decisions for an incapable person (S. 55–57, SDA).

Order appointing joint guardians of the person: Appoints two or more persons to exercise personal-care guardianship authority jointly (S. 57, SDA).

Order appointing a temporary guardian of the person: Provides immediate, time-limited personal-care authority to prevent serious adverse effects (S. 62, SDA).

Order defining the authority of a temporary guardian of the person: Specifies the personal-care decisions and related functions falling within the temporary guardian’s authority (S. 62, SDA; terms of the appointment order).

Order imposing conditions upon a temporary guardian’s appointment: Makes the temporary appointment subject to reporting, security, consultation, transaction, decision-making, or other protective requirements (S. 27, 62, SDA; terms of the appointment order; inherent jurisdiction).

Order requiring periodic reporting by a temporary guardian: Requires reports at specified intervals concerning the incapable person’s property, personal care, transactions, expenses, decisions, or the exercise of temporary authority (S. 27, 62, SDA; terms of the appointment order; inherent jurisdiction).

3. Varying or Replacing Appointment of Guardian

Order varying the appointment of a guardian of property: Changes the terms, scope, conditions, or duration of the guardian’s appointment (S. 26, SDA).

Order replacing a guardian of property: Removes the existing guardian and substitutes another suitable person as guardian of property (S. 26, SDA).

Order varying or extending a temporary guardianship of property: Changes the terms or duration of a temporary guardianship where continued or modified protection is required (S. 27, SDA).

Order replacing a temporary guardian of property: Removes the existing temporary guardian and appoints another suitable person to exercise the required temporary authority (S. 27, SDA; inherent jurisdiction).

Order varying the appointment of a guardian of the person: Changes the terms, scope, conditions, or duration of the guardian’s appointment (S. 61, SDA).

Order replacing a guardian of the person: Removes the existing guardian and substitutes another suitable person as guardian of the person (S. 61, SDA).

Order varying or extending a temporary guardianship of the person: Changes the terms or duration of a temporary guardianship where continued or modified protection is required (S. 62, SDA).

Order replacing a temporary guardian of the person: Removes the existing temporary guardian and appoints another suitable person to exercise the required temporary personal-care authority (S. 62, SDA; inherent jurisdiction).

Order varying the conditions governing temporary guardianship: Changes reporting, security, consultation, transaction, decision-making, or other protective requirements imposed upon the temporary guardian (S. 27, 62, SDA; terms of the appointment order; inherent jurisdiction).

4. Terminating Appointment of Guardian

Order terminating a statutory guardianship of property: Ends the statutory guardianship because the person is capable of managing property or the statutory requirements for guardianship are no longer satisfied (S. 20–20.3, SDA).

Order terminating a temporary guardianship of property: Ends the temporary guardianship before the expiry of its term where continued protective authority is no longer required (S. 27, SDA).

Declaration that a temporary guardianship of property has expired: Confirms that the temporary appointment ended upon expiry of the period specified by the statute or appointment order (S. 27, SDA; terms of the appointment order).

Order terminating a court-appointed guardianship of property: Ends the guardianship because the person has regained capacity or guardianship is no longer necessary (S. 73, SDA).

Order terminating a temporary guardianship of the person: Ends the temporary guardianship before the expiry of its term where continued protective authority is no longer required (S. 62, SDA).

Declaration that a temporary guardianship of the person has expired: Confirms that the temporary appointment ended upon expiry of the period specified by the statute or appointment order (S. 62, SDA; terms of the appointment order).

Order terminating a guardianship of the person: Ends the guardianship because the person has regained the relevant capacity or personal-care guardianship is no longer necessary (S. 71, SDA).

5. Exercise of Authority of Guardian

Declaration concerning the scope of a guardian’s authority over property: Determines which property, transactions, or decisions fall within the guardian’s authority and whether the authority is subject to any restriction or condition (S. 24, 26, 31, SDA; terms of the appointment order).

Declaration concerning the scope of a guardian’s authority over personal care: Determines which personal-care decisions fall within the guardian’s authority and whether the authority is full or limited (S. 57, 59–61, SDA; terms of the appointment order).

Direction concerning a guardian’s management of property: Resolves a question arising in the management of the incapable person’s property (S. 39, SDA).

Direction concerning a guardian’s exercise of personal-care authority: Resolves a question arising in the exercise of personal-care guardianship authority (S. 68, SDA).

Declaration that a guardian of property has complied with the applicable standard of care and statutory duties: Determines that the guardian exercised the authority diligently, honestly, with integrity, in good faith, and for the incapable person’s benefit (S. 32, SDA; common law; equity).

Declaration that a guardian of property has breached the applicable standard of care or statutory duties: Determines that the guardian failed to exercise the authority diligently, honestly, with integrity, in good faith, or for the incapable person’s benefit (S. 32, SDA; common law; equity).

Declaration that a guardian of the person has complied with the applicable statutory duties: Determines that the guardian exercised personal-care authority diligently, in good faith, and in accordance with the governing decision-making principles (S. 66, SDA).

Declaration that a guardian of the person has breached the applicable statutory duties: Determines that the guardian failed to exercise personal-care authority diligently, in good faith, or in accordance with the governing decision-making principles (S. 66, SDA).

Order authorizing a charitable gift: Authorizes a guardian of property to make a charitable gift that would not otherwise satisfy the statutory requirements (S. 37, SDA).

Declaration concerning the disposition of property subject to a specific testamentary gift: Determines whether a guardian may dispose of property that the guardian knows is specifically gifted under the incapable person’s will (S. 35.1, SDA).

Order restraining a guardian from exercising unauthorized authority: Prevents the guardian from taking or continuing an action that exceeds the authority conferred by the appointment order or governing law (S. 39, 68, SDA; terms of the appointment order; inherent jurisdiction).

Order restraining a guardian from taking a specified step: Temporarily prevents the guardian from completing a proposed sale, transfer, gift, expenditure, investment, personal-care decision, or other act while the relevant issue is determined (S. 39, 68, SDA; S. 101, CJA; R. 40; inherent jurisdiction).

Order temporarily limiting a guardian’s authority pending further determination: Restricts specified property-management or personal-care powers without terminating the guardian’s appointment (S. 39, 68, SDA; S. 101, CJA; inherent jurisdiction).

Order requiring prior court approval before a specified transaction or decision: Prohibits the guardian from completing an identified property transaction or personal-care decision without further authorization from the court (S. 39, 68, SDA; inherent jurisdiction).

Order requiring consultation or consent before a specified transaction or decision: Makes the exercise of identified authority conditional upon consultation with or consent from another guardian, attorney, family member, professional, or other person designated by the court (S. 39, 68, SDA; inherent jurisdiction).

Order requiring the incapable person’s funds to remain in a designated account: Requires money under guardianship to be deposited and retained in an identified account pending further administration or order (S. 39, SDA; inherent jurisdiction).

Order requiring periodic reporting by a guardian: Requires reports at specified intervals concerning the incapable person’s property, transactions, expenses, personal care, or the exercise of guardianship authority (S. 39, 68, SDA; inherent jurisdiction).

Order requiring advance notice before a specified transaction or decision: Requires the guardian to notify designated persons before completing an identified property-management or personal-care act (S. 39, 68, SDA; inherent jurisdiction).

Order requiring a guardian to preserve the incapable person’s property: Requires specified protective steps to prevent loss, deterioration, dissipation, or unauthorized disposition of property (S. 32, 37, 39, SDA; common law; equity).

Order requiring disputed property to remain undisposed of: Prevents the guardian from selling, transferring, gifting, encumbering, or otherwise disposing of disputed property pending further determination (S. 39, SDA; S. 101, CJA; R. 40; inherent jurisdiction).

Order requiring security as a condition of continued guardianship authority: Requires a bond, undertaking, indemnity, or other security to protect the incapable person and their property while the guardian continues to act (S. 39, 68, SDA; inherent jurisdiction).

6. Management and Guardianship Plans

Order approving a management plan: Approves the plan governing the guardian’s management of the incapable person’s property (S. 24, 32, SDA).

Order amending a management plan: Changes the approved plan governing the management of the incapable person’s property (S. 32, SDA).

Order requiring compliance with a management plan: Requires the guardian of property to manage the incapable person’s property in accordance with the approved plan (S. 32, SDA).

Order approving a guardianship plan: Approves the plan governing the guardian’s exercise of personal-care authority (S. 57, 66, SDA).

Order amending a guardianship plan: Changes the approved plan governing the guardian’s exercise of personal-care authority (S. 66, SDA).

Order requiring compliance with a guardianship plan: Requires the guardian of the person to exercise authority in accordance with the approved plan (S. 66, SDA).

1. Testamentary Character of a Document

Declaration that a document is testamentary: Determines that the document is intended to operate on death and embodies the deceased’s testamentary intentions (S. 21.1, SLRA; common law).

Declaration that a document is not testamentary: Determines that the document was not intended to operate on death or does not embody fixed and final testamentary intentions (S. 21.1, SLRA; common law).

Declaration that a document constitutes a will: Determines that the document operates as the deceased’s will and governs the disposition of the property within its scope (S. 21.1, SLRA; common law).

Declaration that a document constitutes a codicil: Determines that the document validly alters, supplements, explains, confirms, or republishes an existing will (S. 21.1, SLRA; common law).

Declaration that a document expresses the deceased’s fixed and final testamentary intentions: Determines that the document records a deliberate and final intention concerning the disposition of property on death (S. 21.1, SLRA; common law).

Declaration that a document is merely a draft or statement of future intention: Determines that the document does not embody fixed and final testamentary intentions and therefore has no testamentary effect (S. 21.1, SLRA; common law).

Declaration concerning the testamentary effect of an electronic document or communication: Determines whether an email, electronic file, message, or other electronic record embodies the deceased’s testamentary intentions (S. 21.1, SLRA; common law).

2. Validity of a Will or Codicil

Declaration that a will is valid: Confirms that the will satisfies the applicable legal requirements and is legally effective (S. 4, 6, SLRA; R. 75.01, 75.06; common law).

Declaration that a will is invalid: Determines that the will is legally ineffective because one or more validity requirements have not been satisfied (S. 4, 6, SLRA; R. 75.01, 75.06; common law).

Declaration that a codicil is valid: Confirms that the codicil validly alters, supplements, or confirms the will (S. 4, 6, SLRA; R. 75.01, 75.06; common law).

Declaration that a codicil is invalid: Determines that the codicil has no legal effect because one or more validity requirements have not been satisfied (S. 4, 6, SLRA; R. 75.01, 75.06; common law).

Declaration that part of a will or codicil is valid: Upholds an unaffected portion of the instrument where the validity issue does not invalidate the instrument as a whole (R. 75.01, 75.06; common law; equity).

Declaration that part of a will or codicil is invalid: Invalidates a particular provision while preserving the balance of the instrument where severance is legally available (R. 75.01, 75.06; common law; equity).

Declaration that the testator possessed testamentary capacity: Determines that the testator had the legally required capacity when the will or codicil was made (R. 75.01, 75.06; common law).

Declaration that the testator lacked testamentary capacity: Determines that the testator did not possess the capacity required to make the will or codicil (R. 75.01, 75.06; common law).

Declaration that the testator possessed capacity to make one testamentary instrument but not another: Distinguishes between wills or codicils made at different times or under different circumstances (R. 75.01, 75.06; common law).

Declaration that a will or codicil was duly executed: Confirms that the instrument complies with the applicable statutory execution requirements (S. 4, 6, SLRA; R. 75.01, 75.06).

Declaration that a will or codicil was not duly executed: Determines that the instrument does not comply with the applicable statutory execution requirements (S. 4, 6, SLRA; R. 75.01, 75.06).

Declaration that a holograph will or codicil was validly made: Confirms that the instrument satisfies the statutory requirements applicable to a holograph will or codicil (S. 6, SLRA; R. 75.01, 75.06).

Declaration that a document is not a valid holograph will or codicil: Determines that the document fails to satisfy the statutory requirements applicable to a holograph instrument (S. 6, SLRA; R. 75.01, 75.06).

Declaration that the testator knew and approved of the contents of the will or codicil: Determines that the testator understood and accepted the contents of the instrument (R. 75.01, 75.06; common law).

Declaration that the testator did not know and approve of the contents of the will or codicil: Determines that the instrument does not reflect contents knowingly understood and accepted by the testator (R. 75.01, 75.06; common law).

Declaration that the testator knew and approved of only part of the will or codicil: Upholds the provisions shown to have been known and approved while invalidating or severing the affected provisions where legally available (R. 75.01, 75.06; common law; equity).

Declaration that a will or codicil was procured by undue influence: Determines that coercion overbore the testator’s free testamentary intentions and caused the instrument to be made (R. 75.01, 75.06; common law; equity).

Declaration that a particular provision was procured by undue influence: Invalidates the affected provision without necessarily invalidating the entire instrument where the provision can legally be severed (R. 75.01, 75.06; common law; equity).

Declaration that a will or codicil is fraudulent or forged: Determines that the instrument is not a genuine testamentary act of the deceased (R. 75.01, 75.06; common law; equity).

Declaration that a testamentary signature is forged: Determines that the signature attributed to the testator is not genuine (R. 75.01, 75.06; common law).

Declaration that a testamentary provision was procured by fraud: Determines that fraud caused the inclusion, exclusion, or content of the provision (R. 75.01, 75.06; common law; equity).

Declaration that an alteration or interlineation is valid: Confirms that the change was made and authenticated in accordance with the applicable legal requirements (S. 18, SLRA; common law).

Declaration that an alteration or interlineation is invalid: Determines that the change was not validly made or authenticated and has no testamentary effect (S. 18, SLRA; common law).

Declaration that a will takes effect in its original form without an invalid alteration: Gives effect to the original wording where the invalid alteration does not prevent the original text from being ascertained and legally applied (S. 18, SLRA; common law; equity).

Order declaring that a will or codicil has been proved in solemn form: Confirms the instrument’s validity following formal proof on notice to the interested parties (R. 75.01, 75.06; common law).

Order pronouncing for a will or codicil: Upholds the instrument as valid and legally effective following the court’s determination of the validity issues (R. 75.01, 75.06; common law).

Order pronouncing against a will or codicil: Rejects the instrument as invalid and prevents it from forming the basis of a probate grant (R. 75.01, 75.06; common law).

3. Substantial Compliance

Order declaring an improperly executed document valid and fully effective as a will: Validates a document that was not properly executed where it records the deceased’s testamentary intentions (S. 21.1, SLRA).

Order declaring an improperly executed document valid and fully effective as a codicil: Validates a document that was not properly executed where it records a fixed and final intention to alter, supplement, or confirm an existing will (S. 21.1, SLRA).

Order declaring an electronic document valid and fully effective as a will or codicil: Validates an electronic document where it is authentic and records the deceased’s fixed and final testamentary intentions (S. 21.1, SLRA).

Order declaring an improperly made document effective as a revocation, alteration, or revival of a will: Gives legal effect to a document recording the deceased’s fixed and final intention to revoke, alter, or revive a will (S. 21.1, SLRA).

Order refusing to validate an improperly executed or made document: Determines that the document has not been shown to be authentic or to record the deceased’s fixed and final testamentary intentions (S. 21.1, SLRA).

4. Revocation and Revival

Declaration that a will or codicil was revoked: Determines that the instrument ceased to have testamentary effect through a legally recognized act of revocation (S. 15, SLRA; common law).

Declaration that part of a will or codicil was revoked: Determines that a legally effective act of revocation applies only to specified provisions of the instrument (S. 15, SLRA; common law).

Declaration that a purported revocation was ineffective: Determines that the alleged act did not satisfy the legal requirements for revoking the will or codicil (S. 15, SLRA; common law).

Declaration that a will or codicil remains in force: Confirms that no legally effective revocation has occurred (S. 15, SLRA; common law).

Declaration that a later will or codicil revoked an earlier will or codicil: Determines the revocatory effect of a later testamentary instrument on an earlier instrument (S. 15, SLRA; terms; common law).

Declaration that destruction of a will or codicil effected revocation: Determines that the instrument was destroyed by the testator, or by another person in the testator’s presence and at the testator’s direction, with the intention of revoking it (S. 15, SLRA; common law).

Declaration that destruction of a will or codicil did not effect revocation: Determines that the required act of destruction or intention to revoke has not been established (S. 15, SLRA; common law).

Declaration that a will or codicil was revived: Determines that a previously revoked instrument regained testamentary effect through a legally effective act of revival (S. 19, SLRA; common law).

Declaration that part of a will or codicil was revived: Determines that the legally effective revival applies only to specified provisions of the instrument (S. 19, SLRA; common law).

Declaration concerning the terms on which a will or codicil was revived: Determines the instrument’s legal effect after revival, including the effect of any alterations made before the revival (S. 19, SLRA; common law).

Declaration applying the doctrine of dependent relative revocation: Disregards a revocation that was conditional on another testamentary disposition becoming effective where that intended disposition failed (common law; equity).

Declaration that a testamentary gift or appointment was revoked by separation: Determines the statutory effect of the testator’s separation from a spouse on a gift, appointment as estate trustee, or conferral of a power under the will (S. 17, SLRA).

5. Lost or Destroyed Wills and Codicils

Declaration that a lost or destroyed will or codicil existed: Determines that the alleged testamentary instrument was made notwithstanding that the original cannot be produced (R. 75.01, 75.06; common law).

Declaration concerning the contents of a lost or destroyed will or codicil: Determines the terms of the missing instrument from copies, drafts, testimony, records, or other satisfactory secondary evidence (R. 75.01, 75.06; common law).

Declaration that a lost or destroyed will or codicil was not revoked: Determines that the disappearance or destruction of the original instrument did not result from a legally effective revocation by the testator (S. 15, SLRA; R. 75.01, 75.06; common law).

Declaration rebutting the presumption of revocation: Determines that a will last known to be in the testator’s possession but missing at death was not destroyed by the testator with the intention of revoking it (S. 15, SLRA; R. 75.01, 75.06; common law).

Declaration that the presumption of revocation has not been rebutted: Determines that the evidence is insufficient to displace the presumption that the missing original was destroyed by the testator with the intention of revoking it (S. 15, SLRA; R. 75.01, 75.06; common law).

Order declaring a lost or destroyed will or codicil valid: Confirms that the existence, contents, due execution, and continuing validity of the missing instrument have been sufficiently established (R. 75.01, 75.06; common law).

Order admitting a copy of a lost or destroyed will or codicil to probate: Permits a copy of the missing original instrument to form the basis of the probate grant (R. 75.01, 75.06; common law).

Order admitting a draft, reconstruction, or other secondary evidence to probate: Permits probate based on satisfactory evidence establishing the contents and continuing validity of the missing original instrument (R. 75.01, 75.06; common law).

Order refusing to admit an alleged lost or destroyed will or codicil to probate: Determines that the existence, contents, due execution, or continuing validity of the alleged instrument has not been sufficiently proved (R. 75.01, 75.06; common law).

6. Determining Which Will or Codicil Governs Particular Assets

Declaration that a particular will governs specified assets: Determines that identified property falls within the scope of a particular will (terms; common law).

Declaration that a particular will does not govern specified assets: Determines that identified property falls outside the scope of a particular will (terms; common law).

Declaration concerning the scope of primary and secondary wills: Determines the categories of property governed by each will in a multiple-will estate plan (terms; common law).

Declaration concerning which of multiple wills governs a particular asset: Determines which testamentary instrument applies to property that may fall within overlapping or disputed descriptions (terms; common law).

Declaration that multiple wills operate cumulatively: Determines that the instruments are intended to operate together in governing different property or aspects of the estate (terms; common law).

Declaration that a later will supersedes an earlier will: Determines that the later instrument replaces the earlier instrument in whole or within the scope of the later instrument (S. 15, SLRA; terms; common law).

Declaration that a later will does not supersede an earlier will: Determines that the instruments are intended to operate together or that the later instrument does not revoke the earlier instrument within the disputed scope (S. 15, SLRA; terms; common law).

Declaration concerning the effect of a codicil on the will or wills it modifies: Determines which instrument is altered, confirmed, republished, or supplemented by the codicil (terms; common law).

7. Judicial Interpretation of Wills and Codicils

Declaration interpreting a word, phrase, clause, or provision: Determines the legal meaning and effect of disputed testamentary language (R. 14.05; terms; common law).

Declaration concerning the testator’s intention: Determines the intention expressed by the will or codicil when read as a whole and in its admissible surrounding circumstances (R. 14.05; terms; common law).

Declaration resolving a patent or latent ambiguity: Resolves uncertainty arising from the language of the instrument or its application to the relevant persons, property, or circumstances (R. 14.05; terms; common law; equity).

Declaration identifying a beneficiary: Determines the person intended to receive a testamentary gift where the beneficiary’s identity is uncertain or disputed (R. 14.05; terms; common law).

Declaration identifying the members of a class of beneficiaries: Determines the persons falling within a class description used in the will or codicil (R. 14.05; terms; common law).

Declaration identifying the property subject to a testamentary gift: Determines the property included within the description used by the testator (R. 14.05; terms; common law).

Declaration concerning the nature of a testamentary gift: Determines whether a gift is specific, general, demonstrative, residuary, vested, contingent, absolute, conditional, or subject to a trust (R. 14.05; terms; common law; equity).

Declaration concerning whether a testamentary gift has vested: Determines whether and when a beneficiary acquired an immediate or deferred legal interest under the instrument (R. 14.05; terms; common law).

Declaration concerning whether a testamentary gift has lapsed: Determines whether the gift failed because the beneficiary did not survive for the period required by the will or governing law (terms; common law; SLRA).

Declaration concerning whether a testamentary gift has adeemed: Determines whether a specific gift failed because the subject property was no longer part of the testator’s estate at death (terms; common law).

Declaration concerning the abatement of testamentary gifts: Determines the order and proportion in which gifts must be reduced where the estate is insufficient to satisfy them in full (terms; common law; equity).

Declaration concerning the satisfaction of a testamentary gift: Determines whether a lifetime transfer or other benefit satisfies or reduces a gift made under the will (terms; common law; equity).

Declaration concerning the validity or effect of a condition attached to a gift: Determines whether a condition is enforceable and how it affects the beneficiary’s entitlement (terms; common law; equity).

Declaration concerning the effect of a residuary clause: Determines the property and failed or undisposed gifts passing under the residue of the estate (R. 14.05; terms; common law).

Declaration resolving inconsistent testamentary provisions: Reconciles conflicting clauses or determines which provision governs where they cannot operate together (R. 14.05; terms; common law).

Declaration concerning an estate trustee’s powers under a will: Determines the nature and scope of a power conferred on the estate trustee by the instrument (R. 14.05; terms; common law; equity).

Order construing a will or codicil as a whole: Determines the proper legal operation of the instrument and provides a binding construction for its administration (R. 14.05; terms; common law; equity).

8. Rectification

Order rectifying a will or codicil: Corrects the instrument where its wording fails to carry out the testator’s instructions or intentions because of an accidental error or omission (common law; equity).

Order deleting words inserted by mistake: Removes language included in the instrument without the testator’s knowledge or contrary to the testator’s instructions (common law; equity).

Order adding words omitted by mistake: Inserts language accidentally omitted from the instrument where the required intention and wording are established (common law; equity).

Order correcting words included through a drafting error: Replaces or modifies language that inaccurately records the testator’s instructions because of a drafting mistake (common law; equity).

Order rectifying the description of a beneficiary or property: Corrects an erroneous description that prevents the instrument from accurately identifying the intended beneficiary or property (common law; equity).

Order refusing rectification: Determines that the evidence does not establish an error, the testator’s actual instructions or intentions, or the precise correction sought (common law; equity).

1. Court-Directed Issuance of a Certificate of Appointment

Order directing the registrar to issue a Certificate of Appointment: Directs issuance where the certificate cannot be issued through the ordinary administrative process without judicial authorization (R. 14.05, 74.14).

Order directing issuance of a Certificate of Appointment with a will: Authorizes issuance of a certificate based on a will after the court has determined the disputed or exceptional matter preventing administrative issuance (S. 7, EA; R. 14.05, 74, 75.06).

Order directing issuance of a Certificate of Appointment without a will: Authorizes issuance of a certificate after the court has determined the disputed or exceptional matter preventing administrative issuance (S. 7, 29, EA; R. 14.05, 74, 75.06).

Order directing issuance of a Certificate of Appointment of Succeeding Estate Trustee: Directs issuance of a certificate confirming the authority of a successor over the portion of the estate that remains unadministered (R. 14.05, 74).

Order directing issuance of a Court Status Certificate: Directs issuance of a certificate confirming the identity and status of the person or persons currently authorized to act under an existing appointment (R. 74.14.2).

2. Security Required for a Certificate of Appointment

Order dispensing with an administration bond: Permits a Certificate of Appointment to issue without the bond that would otherwise be required (S. 35–37, EA; R. 74.11).

Order reducing the amount of an administration bond: Permits a Certificate of Appointment to issue with security in an amount lower than would otherwise be required (S. 35–37, EA; R. 74.11).

Order approving alternative security: Authorizes security in a form or on terms approved by the court as an alternative to the ordinarily required administration bond (S. 35–37, EA; R. 74.11).

Order increasing or varying the security required for an appointment: Changes the amount, form, or terms of the security required to protect the estate and the persons interested in it (S. 35–37, EA; R. 74.11).

3. Altering, Recalling, or Revoking a Certificate of Appointment

Order revoking a Certificate of Appointment: Cancels an existing certificate where it was issued in error, obtained through fraud or material non-disclosure, based on an incorrect testamentary instrument, or should otherwise no longer remain effective (R. 75.04).

Order requiring return of a Certificate of Appointment: Requires the estate trustee to return the certificate to the court while the validity or continuing effect of the appointment is determined (R. 75.05).

Order suspending the effect of a Certificate of Appointment: Prevents further reliance on the certificate after the court has ordered its return and until the court directs otherwise (R. 75.05).

Order releasing a returned Certificate of Appointment: Returns the certificate to the estate trustee and restores its effect after the issue requiring its return has been resolved (R. 75.05).

Order amending a Certificate of Appointment: Corrects or changes the certificate to reflect the court’s determination concerning the grant, the testamentary instruments identified in the certificate, or the authority conferred (R. 59.06, 74, 75.06).

Order replacing a revoked Certificate of Appointment: Authorizes the issuance of a replacement certificate reflecting the testamentary instrument or estate trustee properly governing the administration (R. 74, 75.04, 75.06).

1. Acceptance, Renunciation, and Status of Estate Trustee

Order requiring a person named as estate trustee to prove or refuse to prove the will: Requires the named person to accept the office by proving the will or formally decline to act (S. 24, EA).

Declaration that a person accepted the office of estate trustee: Determines that the person assumed the office expressly or through conduct demonstrating an intention to act (S. 24, EA; common law).

Declaration that a person effectively renounced the office of estate trustee: Confirms that the person validly declined the office before accepting it or intermeddling in the estate (S. 24, EA; common law).

Declaration that a purported renunciation is ineffective: Determines that the person could not renounce because the office had already been accepted or the person had intermeddled in the estate (common law; equity).

Declaration that a person intermeddled in the estate: Determines that the person assumed the office or incurred the responsibilities of an estate trustee through dealings with estate property (common law; equity).

Declaration identifying the estate trustee currently authorized to act: Determines which person or persons presently hold authority to administer the estate (terms; common law).

Declaration concerning the continuing authority of surviving estate trustees: Determines whether and to what extent the surviving estate trustees may continue the administration following the death, resignation, incapacity, or removal of a co-estate trustee (S. 5, 8, TA; terms; common law).

2. Initial Appointment and Passing Over

Order appointing an estate trustee with a will annexed: Appoints a suitable person to administer an estate where a valid will exists but no named estate trustee is able or willing to act (S. 29, EA).

Order appointing an estate trustee without a will: Appoints a suitable person to administer an intestate estate (S. 29, EA).

Order appointing one of several persons having equal entitlement: Selects the person or persons who will administer the estate where multiple applicants have equal priority (S. 29, EA).

Order appointing joint estate trustees: Appoints two or more persons to administer the estate together (S. 29, EA; S. 5, TA).

Order appointing a person other than the person having prior entitlement: Appoints another suitable person where the person ordinarily entitled is unsuitable, unavailable, unwilling, or incapable of acting (S. 29, EA; common law).

Order passing over a person named as estate trustee in a will: Declines to permit the named person to assume or continue into the office and allows another suitable person to be appointed (S. 29, EA; S. 5, 37, TA; common law; inherent jurisdiction).

Order passing over a person otherwise entitled to administer the estate: Declines to appoint a person with an apparent prior right and permits another suitable applicant to administer the estate (S. 29, EA; common law; inherent jurisdiction).

Order imposing conditions on an estate trustee’s appointment: Makes the appointment subject to conditions required to protect the estate and the persons interested in it (S. 29, EA; S. 5, TA; inherent jurisdiction).

3. Estate Trustee During Litigation and Other Temporary Appointments

Order appointing an Estate Trustee During Litigation: Appoints a neutral or suitable person to preserve and administer the estate while litigation concerning the will, the appointment, or the estate remains unresolved (S. 28, EA; R. 74.10).

Order defining the authority of an Estate Trustee During Litigation: Specifies the property, transactions, proceedings, and administrative functions falling within the ETDL’s authority (S. 28, EA; R. 74.10; terms of the appointment order).

Order restricting an Estate Trustee During Litigation from distributing the estate: Prevents distribution while preserving authority to collect, preserve, manage, and administer estate property (S. 28, EA; R. 74.10; terms of the appointment order).

Direction concerning the administration by an Estate Trustee During Litigation: Resolves a question arising in the ETDL’s management or preservation of the estate (S. 28, EA; S. 60, TA; R. 74.10).

Order varying the authority of an Estate Trustee During Litigation: Expands, restricts, or otherwise changes the ETDL’s powers or duties as the litigation or administration develops (S. 28, EA; R. 74.10; terms of the appointment order).

Order requiring an Estate Trustee During Litigation to provide reports: Requires the ETDL to report periodically concerning estate property, transactions, expenses, litigation, and the progress of the temporary administration (S. 28, EA; S. 60, TA; R. 74.10; terms of the appointment order).

Order requiring an Estate Trustee During Litigation to obtain prior approval for a specified act: Makes a proposed sale, transfer, settlement, expenditure, or other administrative act conditional upon further authorization from the court (S. 28, EA; S. 60, TA; R. 74.10; terms of the appointment order).

Order replacing an Estate Trustee During Litigation: Removes the existing ETDL and appoints another suitable person to administer the estate during the litigation (S. 28, EA; S. 5, 37, TA; R. 74.10).

Order terminating the appointment of an Estate Trustee During Litigation: Ends the temporary appointment because the litigation has concluded or the appointment is no longer required (S. 28, EA; R. 74.10; terms of the appointment order).

Order appointing an estate trustee for a limited purpose: Appoints a person with authority restricted to specified assets, transactions, proceedings, or administrative functions (S. 5, TA; inherent jurisdiction).

Order appointing a representative of the estate for a proceeding: Appoints a person to represent the estate in litigation where no estate trustee is able or authorized to do so (R. 10.02; inherent jurisdiction).

4. Authority, Powers, and Duties of Estate Trustee

Declaration concerning the scope of an estate trustee’s authority: Determines the property, transactions, proceedings, and administrative acts falling within the estate trustee’s authority (terms; common law; equity).

Declaration concerning an estate trustee’s authority over particular property: Determines whether identified property forms part of the estate trustee’s administrative authority (terms; common law; equity).

Declaration that an estate trustee is authorized to undertake a proposed act: Confirms that the proposed act falls within the estate trustee’s authority under the will and governing law (S. 60, TA; terms; common law).

Declaration that an estate trustee is not authorized to undertake a proposed act: Determines that the proposed act exceeds or falls outside the estate trustee’s authority (S. 60, TA; terms; common law).

Declaration concerning a restriction imposed by the will: Determines how a restriction or condition in the will limits the estate trustee’s authority (terms; common law; equity).

Declaration concerning an estate trustee’s power to sell estate property: Determines whether and on what terms the estate trustee may sell specified estate property (terms; common law; EAA).

Declaration concerning an estate trustee’s power to compromise or settle a claim: Determines whether and on what terms the estate trustee may compromise litigation, debts, or other claims involving the estate (terms; common law; TA).

Declaration concerning an estate trustee’s authority to delegate a function: Determines whether a particular administrative, investment, professional, or other function may lawfully be delegated (terms; common law; TA).

Declaration that an estate trustee has complied with the applicable duties: Determines that the estate trustee acted in accordance with the will, governing law, and applicable fiduciary obligations (terms; common law; equity).

Declaration that an estate trustee has breached the applicable duties: Determines that the estate trustee failed to comply with the will, governing law, or applicable fiduciary obligations (terms; common law; equity).

5. Compelling the Estate Trustee to Act

Order compelling an estate trustee to commence the administration: Requires an estate trustee who has accepted the office to begin performing the duties necessary to administer the estate (S. 24, EA; S. 60, TA; common law).

Order compelling an estate trustee to continue the administration: Requires the estate trustee to proceed diligently where the administration has stalled or been unreasonably delayed (S. 60, TA; common law; inherent jurisdiction).

Order compelling a named estate trustee to apply for a Certificate of Appointment of Estate Trustee or renounce: Requires the named person to pursue formal confirmation of authority or decline the office so that the estate may be administered (S. 24, EA; common law).

Order compelling an estate trustee to identify and collect estate assets: Requires the estate trustee to investigate, locate, secure, and bring estate property under administrative control (S. 60, TA; common law; equity).

Order compelling an estate trustee to preserve estate property: Requires reasonable protective steps to prevent loss, deterioration, dissipation, or avoidable prejudice to estate property (S. 60, TA; common law; equity).

Order compelling an estate trustee to determine and address estate debts: Requires the estate trustee to investigate, admit, dispute, compromise, or pay debts and liabilities in the proper administration of the estate (S. 60, TA; common law; EAA).

Order compelling an estate trustee to complete a required tax or administrative step: Requires completion of a return, clearance process, registration, valuation, sale, or other step necessary to advance the administration (S. 60, TA; common law).

Order compelling an estate trustee to provide estate information or documents: Requires disclosure of information or records reasonably required by a person interested in the estate (S. 60, TA; common law; equity).

Order compelling an estate trustee to complete a specified administrative act: Requires performance of an identified duty necessary to advance or complete the administration (S. 60, TA; common law; inherent jurisdiction).

Order fixing a deadline for an estate trustee to perform a duty: Establishes a binding time by which the estate trustee must complete a specified administrative obligation (S. 60, TA; common law; inherent jurisdiction).

6. Court Supervision and Directions

Order giving advice and directions concerning estate administration: Resolves a question concerning the proper management or administration of the deceased’s estate (S. 60, TA; R. 14.05).

Direction concerning the exercise of an estate trustee’s power: Determines whether and how a power should be exercised in the circumstances of the administration (S. 60, TA; terms).

Order authorizing a proposed administrative act: Permits the estate trustee to undertake a proposed course of action where judicial authorization is required or appropriate (S. 60, TA; terms; inherent jurisdiction).

Order prohibiting an unauthorized administrative act: Prevents the estate trustee from undertaking an act that exceeds the estate trustee’s authority or conflicts with the proper administration of the estate (S. 60, TA; terms; inherent jurisdiction).

Order requiring compliance with the will and governing law: Directs the estate trustee to administer the estate in accordance with the testamentary instruments, legislation, common law, and equitable obligations (S. 60, TA; terms; common law; equity).

Order imposing conditions or limits on an estate trustee’s authority: Restricts the manner in which specified powers may be exercised to protect the estate and the persons interested in it (S. 60, TA; inherent jurisdiction).

Order approving a proposed course of administration: Approves a defined administrative plan or transaction and authorizes the estate trustee to proceed accordingly (S. 60, TA).

Order restraining an estate trustee from taking a specified step: Temporarily prevents the estate trustee from completing a proposed sale, transfer, investment, settlement, payment, distribution, or other administrative act while the relevant issue is determined (S. 60, TA; S. 101, CJA; R. 40; inherent jurisdiction).

Order temporarily limiting an estate trustee’s authority: Restricts specified powers for a defined period or until further order without removing the estate trustee from office (S. 60, TA; S. 101, CJA; inherent jurisdiction).

Order requiring prior court approval before a specified transaction: Prohibits the estate trustee from completing an identified transaction or class of transactions without further authorization from the court (S. 60, TA; S. 101, CJA; inherent jurisdiction).

Order requiring the consent of another person before a specified transaction: Makes the exercise of identified authority conditional upon the consent of a co-estate trustee, beneficiary, litigation guardian, independent professional, or other person designated by the court (S. 60, TA; inherent jurisdiction).

Order requiring estate funds to be held in a designated trust account: Requires estate money to be deposited and retained in an identified lawyer’s, estate trustee’s, financial institution’s, or other approved trust account pending further administration or order (S. 60, TA; S. 101, CJA; inherent jurisdiction).

Order requiring advance notice of a proposed administrative transaction: Requires the estate trustee to notify specified persons before completing a sale, transfer, investment, settlement, payment, distribution, or other material administrative act (S. 60, TA; inherent jurisdiction).

Order requiring periodic reporting by an estate trustee: Requires the estate trustee to provide reports at specified intervals concerning estate property, transactions, liabilities, litigation, expenses, or the progress of the administration (S. 60, TA; inherent jurisdiction).

Order requiring disclosure before the exercise of specified authority: Requires the estate trustee to provide information, documents, valuations, transaction terms, or other particulars before taking an identified administrative step (S. 60, TA; common law; equity; inherent jurisdiction).

Order requiring the estate trustee to maintain an estate reserve: Requires retention of sufficient estate property to satisfy reasonably anticipated debts, taxes, expenses, claims, litigation, support obligations, or other contingencies (S. 60, TA; common law; equity).

Order determining the amount and duration of an estate reserve: Establishes the value of property that must remain under administration and the period or conditions governing its retention (S. 60, TA; common law; equity).

Order requiring disputed estate property or proceeds to remain undistributed: Prevents distribution of property affected by an unresolved ownership, entitlement, recovery, support, accounting, or administration dispute (S. 60, TA; S. 101, CJA; R. 40; inherent jurisdiction).

Order requiring security as a condition of continued administration: Requires the estate trustee to provide a bond, undertaking, indemnity, or other security to protect the estate and interested persons while continuing to exercise authority (S. 35–37, EA; S. 60, TA; inherent jurisdiction).

Order imposing conditions upon the continued exercise of estate trustee authority: Permits the estate trustee to remain in office subject to reporting, notice, consent, security, transaction, or other protective requirements imposed by the court (S. 60, TA; inherent jurisdiction).

Order varying or supplementing an earlier direction: Changes or adds to an existing direction where circumstances or the needs of the administration have changed (S. 60, TA; inherent jurisdiction).

7. Co-Estate Trustees

Declaration concerning whether co-estate trustees must act jointly: Determines whether a decision or administrative act requires the participation and agreement of all acting estate trustees (terms; common law).

Direction resolving a disagreement between co-estate trustees: Determines how the administration should proceed where co-estate trustees cannot agree (S. 60, TA; terms).

Order compelling a co-estate trustee to participate in the administration: Requires an inactive or obstructive co-estate trustee to perform the duties of the office (S. 60, TA; common law).

Order permitting the administration to proceed without an inactive co-estate trustee: Authorizes specified administrative steps to proceed despite the non-participation of one co-estate trustee (S. 5, 60, TA; inherent jurisdiction).

Order allocating defined responsibilities between co-estate trustees: Assigns particular administrative functions or areas of responsibility to specified co-estate trustees (S. 60, TA; terms; inherent jurisdiction).

Order appointing an additional co-estate trustee: Adds another suitable person to the existing estate trustees where the proper administration of the estate requires it (S. 5, TA).

Order removing or replacing one co-estate trustee while leaving the others in office: Changes the composition of the trusteeship without terminating the authority of the remaining estate trustees (S. 5, 37, TA; inherent jurisdiction).

8. Resignation and Discharge

Order accepting an estate trustee’s resignation: Permits an estate trustee who has accepted the office to resign on terms approved by the court (S. 5, 37, TA; common law; inherent jurisdiction).

Declaration that an estate trustee’s resignation is effective: Confirms that the required steps and conditions for resignation have been satisfied (S. 5, 37, TA; common law).

Order discharging a resigning estate trustee: Releases the estate trustee from further performance of the office, subject to any continuing obligation or condition imposed by the court (S. 5, 37, TA; inherent jurisdiction).

Order imposing conditions on resignation or discharge: Makes resignation or discharge conditional on accounting, delivery, transfer, security, cooperation, or another protective requirement (S. 5, 37, TA; inherent jurisdiction).

Order requiring transfer of property and records before discharge: Requires the resigning estate trustee to transfer estate property, records, documents, and control before being discharged (S. 5, 9–16, 37, TA).

9. Removal of Estate Trustee

Order removing an estate trustee: Removes an executor or administrator where continued administration by that person would endanger the estate or impair its proper administration (S. 5, 37, TA; common law; inherent jurisdiction).

Order removing one of several co-estate trustees: Removes one co-estate trustee while preserving the authority of the remaining estate trustees (S. 5, 37, TA; inherent jurisdiction).

Order removing all acting estate trustees: Removes every acting estate trustee where replacement of the entire trusteeship is required for the proper administration of the estate (S. 5, 37, TA; inherent jurisdiction).

Order terminating an estate trustee’s authority: Ends the estate trustee’s authority to possess, manage, administer, or represent the estate (S. 37, TA; inherent jurisdiction).

Order imposing terms connected with removal: Makes removal subject to accounting, delivery, transfer, cooperation, costs, or other requirements necessary to protect the estate (S. 5, 37, TA; inherent jurisdiction).

Order restricting an estate trustee’s authority pending determination of removal: Temporarily limits specified powers while the court determines whether final removal is required (S. 5, 37, TA; S. 101, CJA; R. 40; inherent jurisdiction).

Order requiring an estate trustee to provide security pending determination of removal: Requires a bond, undertaking, indemnity, or other security to protect estate property while the removal application remains unresolved (S. 35–37, EA; S. 5, 37, TA; inherent jurisdiction).

Order requiring estate property and records to be preserved pending determination of removal: Requires the estate trustee to maintain and protect the estate’s property, accounts, records, and access information until the court determines the removal application (S. 5, 37, TA; S. 101, CJA; R. 40; inherent jurisdiction).

10. Replacement, Succession, and Additional Appointment

Order appointing a replacement estate trustee: Appoints a suitable person to replace an estate trustee who has resigned, been removed, died, become incapable, or ceased to act (S. 5, 37, TA).

Order appointing a succeeding estate trustee: Appoints a successor to administer the portion of the estate remaining unadministered after the former estate trustee ceased to act (S. 5, 8, 37, TA).

Order substituting a new estate trustee: Replaces an existing estate trustee with another suitable person while preserving continuity of the administration (S. 5, 37, TA).

Order appointing an additional estate trustee: Adds another suitable person without removing the existing estate trustee or estate trustees (S. 5, TA).

Order filling a vacancy in the office of estate trustee: Appoints a person where a vacancy would otherwise leave the estate without sufficient authorized administration (S. 5, 8, TA).

Declaration concerning the successor’s authority over the unadministered estate: Determines the property, rights, proceedings, and administrative functions passing to the successor estate trustee (S. 5–9, TA; common law).

11. Transfer of Estate Property, Records, and Control

Vesting order transferring estate property to a new estate trustee: Vests estate property in the newly appointed or continuing estate trustee without requiring a separate conveyance (S. 9–16, TA).

Order vesting land in a new estate trustee: Transfers legal title to estate land to the person or persons now authorized to administer it (S. 9–16, TA).

Order transferring stocks, securities, or choses in action: Vests the right to transfer, receive, sue for, or recover specified estate property in the new estate trustee (S. 9–16, TA).

Order requiring delivery of estate property: Requires a former estate trustee or other person to deliver estate assets to the person currently authorized to administer them (S. 9–16, 37, TA; common law; equity).

Order requiring delivery of the original will, certificates, books, and records: Requires transfer of the core testamentary and administrative records needed to continue the estate administration (S. 9–16, 37, TA; inherent jurisdiction).

Order requiring transfer of keys, passwords, accounts, and digital access: Requires transfer of the physical and electronic means necessary to control and administer estate property and records (S. 9–16, 37, TA; inherent jurisdiction).

Order requiring execution of documents necessary to transfer control: Compels execution of conveyances, assignments, authorizations, or other documents required to place the estate under the new estate trustee’s control (S. 9–16, 37, TA; inherent jurisdiction).

Declaration concerning the new estate trustee’s authority over unadministered property: Confirms the successor’s authority to possess, manage, realize, litigate concerning, and distribute the property remaining in the estate (S. 5–16, 37, TA; common law).

1. Property Forming Part of the Estate

Declaration that identified property forms part of the estate: Determines that the deceased owned a legal, beneficial, or other enforceable interest in the property at death and that the interest is subject to estate administration (S. 97, CJA; R. 14.05; common law; equity).

Declaration that identified property does not form part of the estate: Determines that the property is not subject to estate administration because the deceased held no surviving legal or beneficial interest in it at death (S. 97, CJA; R. 14.05; common law; equity).

Declaration that property passes through the estate: Determines that the property devolves to the estate trustee for administration rather than passing directly to another person outside the estate (S. 97, CJA; common law; equity).

Declaration that property passes outside the estate: Determines that the property passes directly to another person through survivorship, designation, contract, or another non-estate mechanism (S. 97, CJA; common law; equity; terms).

Declaration concerning the nature and extent of the estate’s interest in property: Determines whether the estate owns the whole property, a partial interest, a beneficial interest, a legal interest, or another enforceable property right (S. 97, CJA; R. 14.05; common law; equity).

Declaration that property controlled by another person belongs to the estate: Determines that possession, registration, or control by another person does not displace the estate’s ownership interest (S. 97, CJA; common law; equity).

Declaration that proceeds or substituted property form part of the estate: Determines that proceeds, replacements, income, or other property attributable to an estate asset retain their character as estate property (S. 97, CJA; common law; equity).

2. Legal and Beneficial Ownership

Declaration that the deceased was the legal owner of property: Determines that legal title to the property was vested in the deceased at death (S. 97, CJA; common law).

Declaration that the deceased was the beneficial owner of property: Determines that the deceased held the right to the property’s use, benefit, or value despite legal title being registered in another person’s name (S. 97, CJA; common law; equity).

Declaration that the deceased held legal title without beneficial ownership: Determines that the deceased held registered or legal title for the benefit of another person (S. 97, CJA; common law; equity).

Declaration that the deceased held only a partial interest in property: Determines the limited share or interest owned by the deceased and passing to the estate (S. 97, CJA; common law; equity).

Declaration that another person owns all or part of the property: Determines that the estate’s apparent title or possession is subject to another person’s ownership interest (S. 97, CJA; common law; equity).

Declaration concerning the parties’ respective ownership shares: Determines the proportionate legal or beneficial interests held by the estate and the other persons claiming the property (S. 97, CJA; common law; equity).

Declaration concerning ownership of property acquired using contributions from multiple persons: Determines the ownership interests arising from the parties’ respective contributions, intentions, agreements, and dealings (S. 97, CJA; common law; equity).

3. Jointly Held Property and Rights of Survivorship

Declaration that property was held in joint tenancy: Determines that the co-owners held the property with a right of survivorship (S. 97, CJA; common law; equity).

Declaration that property was held as tenants in common: Determines that each co-owner held a distinct share that does not pass to the other co-owner by survivorship (S. 97, CJA; common law; equity).

Declaration that a joint tenancy was severed before death: Determines that the right of survivorship ended and that the deceased’s resulting share forms part of the estate (S. 97, CJA; common law; equity).

Declaration that a joint tenancy was not severed before death: Determines that the right of survivorship remained effective at the deceased’s death (S. 97, CJA; common law; equity).

Declaration that jointly held property passed to the surviving joint owner: Confirms that the survivor acquired the deceased’s interest through the right of survivorship (S. 97, CJA; common law; equity).

Declaration that jointly registered property is beneficially owned by the estate: Determines that the surviving registered owner does not beneficially own the deceased’s interest and holds it for the estate (S. 97, CJA; common law; equity).

Declaration concerning beneficial ownership of a joint account: Determines whether the balance belongs to the survivor, the estate, or both in specified shares (S. 97, CJA; common law; equity).

Declaration concerning beneficial ownership of a jointly registered investment: Determines whether the investment passes beneficially to the survivor or remains beneficially owned by the estate (S. 97, CJA; common law; equity).

Declaration that the presumption of resulting trust has been rebutted: Determines that the evidence establishes an intention to make a beneficial gift of the survivorship interest (common law; equity).

Declaration that the presumption of resulting trust has not been rebutted: Determines that the surviving registered owner holds the disputed property or interest for the estate (common law; equity).

4. Lifetime Gifts and Transfers

Declaration that the deceased made a valid lifetime gift: Determines that the deceased intended to make an immediate gift and completed the steps required to transfer the property (S. 97, CJA; common law; equity).

Declaration that an alleged lifetime gift is invalid or incomplete: Determines that the required intention, acceptance, delivery, or transfer of title was not established (S. 97, CJA; common law; equity).

Declaration that the deceased intended to make a gift: Determines that the transfer was intended to confer beneficial ownership without consideration (S. 97, CJA; common law; equity).

Declaration that the deceased did not intend to make a gift: Determines that the recipient was not intended to acquire beneficial ownership of the property (S. 97, CJA; common law; equity).

Declaration that delivery of a gift was completed: Determines that the deceased transferred possession, control, title, or the means of obtaining the property as required to complete the gift (S. 97, CJA; common law; equity).

Declaration that delivery of a gift was not completed: Determines that the deceased did not complete the transfer required to make the gift legally effective (S. 97, CJA; common law; equity).

Declaration that a lifetime gift was subject to a condition: Determines that the recipient’s ownership or entitlement was conditional rather than absolute (S. 97, CJA; common law; equity; terms).

Declaration that a purported gift failed: Determines that the intended gift did not take legal effect and that the property remains beneficially owned by the estate (S. 97, CJA; common law; equity).

Declaration that a transfer was made for consideration rather than as a gift: Determines that the recipient acquired the property through an enforceable exchange or transaction rather than gratuitously (S. 97, CJA; common law; equity).

5. Real Property and Statutory Vesting

Declaration that real property forms part of the estate: Determines that the deceased’s interest in land is subject to administration by the estate trustee (S. 9, 10, EAA; common law).

Declaration concerning the estate trustee’s authority over real property: Determines the estate trustee’s authority to possess, manage, lease, sell, mortgage, or otherwise administer estate land (S. 9, 10, EAA; terms; common law).

Declaration that real property vested in the beneficiaries: Determines that estate land vested in the persons beneficially entitled under the statutory vesting regime (S. 9, EAA).

Declaration that statutory vesting has not occurred: Determines that the statutory requirements for vesting have not been satisfied or that vesting has been postponed or prevented (S. 9, 10, EAA; terms).

Declaration identifying the beneficiaries in whom real property vested: Determines the persons who acquired the vested legal interest in the property (S. 9, EAA; terms).

Declaration concerning the beneficiaries’ respective interests after vesting: Determines the shares or interests acquired by the persons beneficially entitled to the property (S. 9, 14, EAA; terms).

Declaration concerning the effect of a power of sale on statutory vesting: Determines whether the will’s power of sale or power to postpone conversion preserves the estate trustee’s authority over the property (S. 9, 10, EAA; terms; common law).

6. Final Sale, Partition, and Other Disposition of Estate Property

Order authorizing the final sale of estate property: Permits estate property to be sold for the purpose of completing the administration, satisfying established obligations, dividing the property, or giving effect to the persons’ determined rights (S. 15, TA; terms; common law).

Order directing the final sale of estate property: Requires estate property to be sold after determination of the relevant rights where sale is necessary for administration, payment, division, or final disposition (S. 15, TA; terms; common law; equity).

Order prescribing the manner or terms of a final sale: Establishes requirements concerning marketing, listing, valuation, price, timing, approval, or completion of a sale undertaken to implement the court’s final determination or complete the administration (S. 15, TA; inherent jurisdiction).

Order approving a proposed final sale: Approves a particular transaction intended to complete the administration or implement the parties’ determined rights and authorizes the estate trustee or other person to complete it (S. 15, TA; terms; inherent jurisdiction).

Order for partition of co-owned property: Divides co-owned estate property among the persons legally entitled where physical division is practicable and appropriate (S. 2, 3, PA).

Order for sale instead of partition: Requires co-owned property to be sold and the proceeds divided where sale is more advantageous than physical partition (S. 2, 3, PA).

Order distributing sale proceeds among the persons entitled: Allocates the net proceeds in accordance with the parties’ respective ownership interests and any permitted adjustments (S. 2, 3, PA; common law; equity).

Order determining adjustments between co-owners: Accounts for payments, carrying costs, improvements, repairs, taxes, mortgages, income, or other contributions affecting the division of value (common law; equity).

Order for occupation rent: Requires an occupying co-owner or other person to account for exclusive occupation where the circumstances make such relief equitable (common law; equity).

7. Substantive Possession and Use of Estate Property

Declaration that the estate is entitled to possession of property: Determines that the estate trustee may possess and control the property for purposes of administration (S. 97, CJA; terms; common law).

Declaration that a beneficiary is entitled to possession or use of property: Determines that the beneficiary has a present right to occupy, possess, or use estate property under the will or governing law (S. 97, CJA; terms; common law; equity).

Declaration that a third party is entitled to possession or use of property: Determines that a lease, licence, agreement, trust, or other enforceable right permits continued possession or use (S. 97, CJA; terms; common law; equity).

Declaration that a person has no continuing right to occupy estate property: Determines that the person’s ownership, tenancy, licence, consent, or other asserted basis for occupation does not provide a continuing right of possession (S. 97, CJA; terms; common law; equity).

Order regulating the possession or use of estate property: Establishes the continuing terms upon which property may be possessed, occupied, or used after determining the parties’ respective legal or beneficial rights (S. 97, CJA; terms; common law; equity).

Order granting possession of estate real property: Gives effect to the determination that the estate trustee or another person holds the substantive right to possess the property (S. 97, CJA; terms; common law; equity).

Order requiring a person to vacate estate real property: Gives effect to the determination that the person has no continuing right to occupy the property and places it under the control of the person entitled to possession (S. 97, CJA; terms; common law; equity).

8. Beneficiary Designations and Other Non-Estate Property

Declaration that a beneficiary designation is valid: Confirms that the designation satisfies the applicable legal requirements and effectively identifies the person entitled to receive the plan benefit (S. 51–53, SLRA; terms).

Declaration that a beneficiary designation is invalid: Determines that the designation is ineffective because the applicable legal requirements have not been satisfied (S. 51–53, SLRA; common law; equity).

Declaration identifying the beneficiary entitled under a designation: Determines the person entitled to receive the benefit payable on the participant’s death (S. 51–53, SLRA; terms).

Declaration that a designated benefit passes outside the estate: Determines that the benefit is payable directly to the designated beneficiary and is not subject to estate administration (S. 51–53, SLRA; terms).

Declaration that a designated benefit is payable to the estate: Determines that the estate is the designated or otherwise legally entitled recipient of the benefit (S. 51–53, SLRA; terms).

Declaration that a beneficiary designation was revoked: Determines that the deceased validly cancelled the designation before death (S. 51–53, SLRA; terms).

Declaration that a purported revocation of a beneficiary designation is ineffective: Determines that the designation remained legally effective at the deceased’s death (S. 51–53, SLRA; terms).

Declaration that a beneficiary designation was validly changed: Determines that a later designation replaced or altered an earlier designation in accordance with the governing requirements (S. 51–53, SLRA; terms).

Declaration determining which of competing beneficiary designations governs: Determines which designation was legally effective at death and identifies the person entitled to the benefit (S. 51–53, SLRA; terms; common law).

1. Preservation of the Status Quo

Interim order preserving the status quo: Maintains the existing possession, control, ownership, use, or condition of property pending determination of the parties’ substantive rights (S. 101, CJA; R. 40; equity).

Interlocutory prohibitory injunction: Temporarily restrains a person from taking an act that could alter, impair, or defeat rights asserted in property pending final determination (S. 101, CJA; R. 40; equity).

Interim mandatory injunction: Requires a person to take a specified positive step necessary to preserve property or restore an existing state of affairs pending final determination (S. 101, CJA; R. 40; equity).

Order restraining interference with property claimed by or against the estate: Prevents conduct that could impair the possession, condition, value, use, or availability of disputed property (S. 101, CJA; R. 40; equity).

Order restraining a change in possession or control of property: Prevents property from being delivered, removed, transferred, or placed under different control while the parties’ rights remain unresolved (S. 101, CJA; R. 40; equity).

Order restraining alteration of legal or beneficial ownership: Prevents a change in registered title, beneficial ownership, or another proprietary interest pending determination of the dispute (S. 101, CJA; R. 40; equity).

Order restraining implementation of a disputed transaction: Prevents completion or performance of a proposed sale, transfer, assignment, designation, encumbrance, or other transaction affecting disputed property (S. 101, CJA; R. 40; equity).

Order requiring reversal of an interim change made during the proceeding: Requires restoration of possession, control, access, or another condition altered while the dispute was pending (S. 101, CJA; R. 40; equity).

Order preserving existing contractual, financial, or property arrangements: Requires the continuation of arrangements necessary to protect the property, its value, or the parties’ asserted interests pending final determination (S. 101, CJA; R. 40; common law; equity).

Order requiring continuation of specified protective measures: Requires existing insurance, security, maintenance, storage, account controls, or other protections to remain in place (S. 101, CJA; R. 40; equity).

2. Freezing and Non-Dissipation of Property

Mareva injunction: Restrains a person from dissipating or removing assets where there is a real risk that a potential judgment would otherwise be frustrated (S. 101, CJA; R. 40; common law; equity).

Order freezing specified accounts or property: Prevents withdrawals, transfers, dispositions, or other dealings with identified accounts or assets pending further order (S. 101, CJA; R. 40; equity).

Order restraining the transfer of property: Prevents legal or beneficial interests in specified property from being transferred to another person (S. 101, CJA; R. 40; equity).

Order restraining the sale or disposition of property: Prevents specified property from being sold, assigned, gifted, conveyed, or otherwise disposed of pending final determination (S. 101, CJA; R. 40; equity).

Order restraining the withdrawal or movement of funds: Prevents money from being withdrawn, transferred between accounts, converted, remitted, or otherwise moved beyond effective preservation (S. 101, CJA; R. 40; equity).

Order restraining the encumbrance or mortgaging of property: Prevents the creation or enlargement of a mortgage, charge, lien, security interest, or other encumbrance affecting specified property (S. 101, CJA; R. 40; equity).

Order restraining the removal of property from Ontario: Prevents property from being transported, transferred, or relocated outside the province while the parties’ rights remain unresolved (S. 101, CJA; R. 40; equity).

Order restraining dissipation of proceeds: Prevents money or other proceeds generated through a sale, transfer, disposition, or use of disputed property from being spent, transferred, or concealed (S. 101, CJA; R. 40; equity).

Order requiring notice before a proposed transaction: Requires advance notice to specified persons before any sale, transfer, withdrawal, encumbrance, or other dealing with protected property (S. 101, CJA; R. 40; equity).

Order requiring disclosure of the location and disposition of property: Requires information identifying where property is held and describing any transfer, conversion, expenditure, or other dealing affecting it (S. 101, CJA; R. 40; common law; equity).

Order requiring disclosure of assets subject to a freezing order: Requires a person to identify assets, accounts, interests, values, locations, and other information necessary to make the freezing order effective (S. 101, CJA; R. 40; common law; equity).

Order requiring preservation of sufficient assets to satisfy a potential judgment: Restrains dealings with assets up to the amount reasonably required to protect the enforceability of a potential monetary judgment (S. 101, CJA; R. 40; common law; equity).

Order permitting ordinary expenses from otherwise frozen property: Creates defined exceptions permitting reasonable living, legal, business, tax, property, or other approved expenses without discharging the freezing order (S. 101, CJA; R. 40; equity).

Order varying or discharging a freezing order: Changes or terminates the scope, amount, duration, exceptions, disclosure requirements, or other terms of an existing freezing order (S. 101, CJA; R. 40; equity).

3. Preservation, Inspection, and Sale of Property

Order preserving specified property: Requires property relevant to the proceeding to be retained and protected pending final determination (R. 45; common law; equity).

Order requiring proper storage or safekeeping of property: Requires property to be stored or held under conditions reasonably necessary to prevent loss, theft, damage, deterioration, or unauthorized access (R. 45; equity).

Order requiring maintenance or repair of property: Requires specified work reasonably necessary to preserve the condition, safety, functionality, or value of the property (R. 45; equity).

Order requiring continued insurance of property: Requires existing insurance to be maintained or appropriate insurance to be obtained against reasonably foreseeable risks (R. 45; equity).

Order requiring an inventory of property: Requires the identification, description, location, condition, quantity, and other material particulars of property requiring preservation (R. 45; common law; equity).

Order permitting inspection of property: Authorizes a party, expert, representative, or other designated person to inspect property relevant to the proceeding (R. 45).

Order permitting appraisal or valuation of property: Authorizes access and examination required to determine the condition, market value, income potential, or other relevant value of property (R. 45).

Order permitting entry onto land or premises for inspection or preservation: Authorizes entry at specified times and on specified conditions to inspect, appraise, maintain, repair, secure, or otherwise preserve property (R. 45; equity).

Order authorizing sampling, testing, photographing, or recording of property: Permits specified investigative or documentary measures necessary to preserve evidence concerning the property’s identity, condition, composition, or value (R. 45).

Order requiring preservation of perishable or rapidly depreciating property: Requires immediate protective measures where delay may materially impair the condition or value of the property (R. 45; equity).

Order directing an interim sale of property: Authorizes or requires property to be sold before final determination where a sale is necessary or expedient to preserve its value or protect the persons interested in it (R. 45; equity).

Order determining the manner and terms of an interim sale: Establishes the sale process, listing arrangements, valuation requirements, price, approval conditions, closing terms, and allocation of sale expenses (R. 45; equity).

Order authorizing a person to execute documents required for an interim sale: Authorizes a designated person to sign agreements, transfers, directions, releases, and other documents necessary to complete the court-directed sale (S. 97, CJA; R. 45; equity).

Order requiring interim sale proceeds to be held in trust: Requires the net proceeds to be retained in a designated trust account pending final determination or further order (R. 45; equity).

Order requiring interim sale proceeds to be paid into court: Requires the net proceeds to be deposited with the court for preservation pending determination of the persons entitled (R. 45; equity).

Order preserving the parties’ claims against interim sale proceeds: Provides that the parties’ asserted proprietary or beneficial interests attach to the proceeds in place of the property sold (R. 45; common law; equity).

4. Interim Possession, Custody, and Control of Property

Order for interim recovery of personal property: Requires personal property to be recovered and delivered pending final determination where the applicable requirements for interim recovery are satisfied (S. 104, CJA; R. 44).

Order granting temporary possession of property: Places property temporarily in the possession of a specified person pending determination of the parties’ final rights (S. 101, 104, CJA; R. 40, 44; equity).

Order requiring delivery of property pending final determination: Requires a person possessing or controlling disputed property to deliver it to a party, custodian, receiver, or other person designated by the court (S. 104, CJA; R. 44; equity).

Order appointing a neutral custodian: Appoints an independent person to receive, hold, safeguard, maintain, or control disputed property pending further order (S. 101, CJA; R. 40; equity).

Order requiring property to be deposited with the court or another neutral person: Removes the property from unilateral control and places it in neutral custody pending determination of entitlement (S. 101, 104, CJA; R. 40, 44; equity).

Order granting temporary access to land or premises: Permits access for occupation, inspection, maintenance, retrieval, security, valuation, or another specified purpose pending final determination (S. 101, CJA; R. 40, 45; equity).

Order granting temporary access to records or personal property: Permits a party or designated person to access, inspect, copy, use, maintain, or retrieve specified records or property (S. 101, CJA; R. 40, 45; equity).

Order regulating the use or occupation of disputed property: Establishes who may use or occupy the property and the conditions governing that use or occupation pending final determination (S. 101, CJA; R. 40; equity).

Order regulating responsibility for expenses associated with property: Determines who must pay taxes, mortgage payments, insurance, utilities, maintenance, repairs, storage, or other preservation expenses during the interim period (S. 101, CJA; R. 40; common law; equity).

Order requiring delivery of keys, passwords, access codes, or control documents: Requires delivery of the physical or electronic means necessary to access, secure, manage, or preserve disputed property (S. 101, 104, CJA; R. 40, 44; equity).

Order restraining exclusion of a person asserting a property interest: Prevents a person from denying access, possession, use, inspection, or other interim rights where preservation of the asserted interest requires protection (S. 101, CJA; R. 40; equity).

Order requiring income produced by property to be collected and preserved: Requires rents, dividends, interest, distributions, royalties, or other income generated by disputed property to be collected and retained pending final determination (S. 101, CJA; R. 40; equity).

Order requiring rents, dividends, or other proceeds to be held separately: Requires income or proceeds from disputed property to be deposited into a separate account and not commingled, transferred, or distributed (S. 101, CJA; R. 40; equity).

5. Receivership and Neutral Management

Order appointing an interim receiver: Appoints an independent officer to take temporary possession or control of property where the appointment is just or convenient (S. 101, CJA; R. 41).

Order appointing a receiver and manager: Appoints an independent officer to possess, preserve, manage, operate, or realize property or an income-producing undertaking (S. 101, CJA; R. 41).

Order defining the receiver’s powers: Specifies the property, transactions, proceedings, management functions, reporting obligations, and other matters falling within the receiver’s authority (S. 101, CJA; R. 41; terms of the appointment order).

Order authorizing the receiver to take possession or control of property: Permits the receiver to secure and assume physical, legal, financial, or operational control of specified property (S. 101, CJA; R. 41).

Order authorizing the receiver to collect rents, income, receivables, or proceeds: Permits the receiver to demand, receive, deposit, and preserve income or money generated by the property (S. 101, CJA; R. 41).

Order authorizing the receiver to preserve, maintain, repair, or insure property: Permits the receiver to take the protective steps and incur the expenses reasonably necessary to maintain the property and its value (S. 101, CJA; R. 41).

Order authorizing the receiver to continue operating a business or income-producing property: Permits temporary operations where continuation is necessary to preserve value, income, goodwill, or other interests (S. 101, CJA; R. 41).

Order authorizing the receiver to sell property: Permits the receiver to market and sell specified property on the terms and subject to the approval requirements established by the court (S. 101, CJA; R. 41).

Order requiring delivery of property and records to the receiver: Requires persons possessing or controlling relevant property, accounts, documents, keys, passwords, or other records to deliver them to the receiver (S. 101, CJA; R. 41).

Order requiring persons to cooperate with the receiver: Requires specified persons to provide information, access, authorizations, assistance, and other cooperation necessary for the receiver to discharge the appointment (S. 101, CJA; R. 41).

Order restraining interference with the receiver: Prevents persons from obstructing, interfering with, or taking possession or control of property subject to the receivership (S. 101, CJA; R. 41).

Order approving the receiver’s activities: Approves specified conduct, transactions, reports, or administrative steps completed by the receiver in accordance with the appointment (S. 101, CJA; R. 41).

Order requiring the receiver to report: Requires reports concerning the property, receipts, expenses, transactions, management, sales, litigation, or other aspects of the receivership (S. 101, CJA; R. 41).

Order fixing the receiver’s compensation and expenses: Determines the compensation, professional fees, costs, and disbursements properly payable in connection with the receivership (S. 101, CJA; R. 41).

Order varying the receiver’s powers: Expands, restricts, or otherwise changes the receiver’s authority, duties, reporting requirements, or terms of appointment (S. 101, CJA; R. 41).

Order terminating the receivership: Ends the appointment where neutral possession, management, or preservation is no longer required (S. 101, CJA; R. 41).

Order directing the disposition of property or proceeds upon termination: Determines how property, accounts, records, income, and proceeds held by the receiver must be transferred, paid, or otherwise dealt with when the receivership ends (S. 101, CJA; R. 41).

6. Protection of Interests in Land

Order granting leave to issue a Certificate of Pending Litigation: Authorizes issuance of a certificate where the proceeding claims an interest in land and the requirements for protecting that claim through registration are satisfied (S. 103, CJA; R. 42).

Order issuing a Certificate of Pending Litigation: Directs issuance of a certificate capable of registration against the affected land to provide notice of the asserted interest (S. 103, CJA; R. 42).

Order identifying the land affected by a Certificate of Pending Litigation: Defines the parcel or interest in land against which the certificate may be registered (S. 103, CJA; R. 42).

Order requiring security as a condition of maintaining a Certificate of Pending Litigation: Requires security against damages or other prejudice that may result from the continued registration of the certificate (S. 103, CJA; R. 42).

Order varying a Certificate of Pending Litigation: Changes the land, scope, terms, security, or other conditions governing an existing certificate (S. 103, CJA; R. 42).

Order discharging a Certificate of Pending Litigation: Cancels the certificate where the statutory or equitable basis for its continued registration has not been established or no longer exists (S. 103, CJA; R. 42).

Order directing registration or discharge of a Certificate of Pending Litigation: Directs the procedural and registration steps required to place the certificate on title or remove it from title (S. 103, CJA; R. 42).

Interim injunction restraining dealings with land: Prevents the sale, transfer, mortgage, lease, encumbrance, or other dealing with disputed land pending final determination (S. 101, CJA; R. 40; equity).

Order requiring notice before a dealing with land: Requires advance notice to specified persons before any proposed sale, transfer, mortgage, lease, encumbrance, or other transaction affecting the land (S. 101, CJA; R. 40; equity).

Order preserving rents or income generated by land: Requires rents, licence fees, sale deposits, or other income produced by the land to be collected and preserved pending final determination (S. 101, CJA; R. 40; equity).

Order requiring sale proceeds to stand in place of the disputed land interest: Transfers the parties’ asserted claims from the land to the proceeds generated through a court-authorized or agreed sale (S. 101, CJA; R. 40, 45; common law; equity).

7. Preservation of Documents, Records, and Evidence

Order requiring preservation of documents and records: Requires relevant paper or electronic documents to be retained in their existing form and protected against loss, destruction, or alteration (S. 101, CJA; R. 40, 45; common law; equity).

Order restraining destruction, alteration, concealment, or deletion of evidence: Prevents conduct that could impair the availability, integrity, authenticity, or evidentiary value of relevant information or property (S. 101, CJA; R. 40; equity).

Order requiring preservation of electronic data: Requires electronic documents, communications, databases, logs, metadata, and other digital information to be maintained and protected (S. 101, CJA; R. 40, 45; equity).

Order requiring preservation of computers, phones, devices, accounts, or storage media: Requires specified devices, online accounts, cloud storage, drives, or other sources of electronic evidence to be retained and protected (S. 101, CJA; R. 40, 45; equity).

Order requiring backup or forensic imaging of electronic information: Requires a reliable copy or forensic image to be created and preserved under conditions protecting the integrity and confidentiality of the information (S. 101, CJA; R. 40, 45; equity).

Order requiring preservation of financial and transaction records: Requires bank, investment, accounting, tax, ownership, transfer, and other financial records to be maintained pending their production or use in the proceeding (S. 101, CJA; R. 40, 45; equity).

Order requiring preservation of photographs, recordings, communications, or metadata: Requires specified evidentiary material and information concerning its creation, transmission, alteration, or storage to be retained (S. 101, CJA; R. 40, 45; equity).

Order requiring delivery of original testamentary, ownership, or transaction documents for safekeeping: Places original wills, codicils, deeds, transfers, agreements, certificates, or other material documents in secure or neutral custody (S. 101, CJA; R. 40, 45; common law; equity).

Order appointing a neutral person to preserve or examine records: Appoints an independent lawyer, examiner, forensic professional, or other suitable person to collect, preserve, review, or report on specified records (S. 101, CJA; R. 40, 45; equity).

Order requiring an inventory of preserved documents or evidence: Requires identification and description of the documents, devices, records, or other evidence retained under the preservation order (S. 101, CJA; R. 40, 45; equity).

Anton Piller order: Permits entry, search, identification, copying, and preservation of evidence where there is a strong prima facie case, serious potential or actual damage, clear evidence of possession, and a real possibility that the evidence may be destroyed or concealed (S. 101, CJA; R. 40; common law; equity).

Order establishing confidentiality or access conditions for preserved records: Regulates possession, review, copying, disclosure, privilege protection, confidentiality, and permitted use of preserved information (S. 101, CJA; R. 40, 45; common law; equity).

Order varying or discharging an evidence-preservation order: Changes or terminates the scope, duration, custody, access, confidentiality, or other terms governing preserved evidence (S. 101, CJA; R. 40, 45; equity).

8. Security, Payment Into Court, and Consequential Protection

Order requiring disputed funds to be paid into court: Requires money subject to competing claims to be deposited with the court pending determination of entitlement (S. 101, CJA; R. 40, 45; common law; equity).

Order requiring property or proceeds to be held in trust: Requires disputed property, income, or proceeds to be retained in trust and not used, transferred, or distributed pending further order (S. 101, CJA; R. 40; equity).

Order requiring funds to be held in a designated account: Requires protected money to be deposited and retained in an identified trust, estate, escrow, or other approved account (S. 101, CJA; R. 40; equity).

Order requiring security for the preservation or restoration of property: Requires a bond, undertaking, indemnity, letter of credit, payment, or other security against potential loss, damage, or failure to restore property (S. 101, CJA; R. 40; equity).

Order requiring an undertaking as to damages: Requires the party obtaining interim injunctive relief to undertake to compensate affected persons for damages caused by the order if the court later determines that compensation is appropriate (R. 40; equity).

Order requiring an accounting for property dealt with during the interim period: Requires disclosure of receipts, expenses, transfers, income, proceeds, and other dealings affecting protected property while the proceeding remains unresolved (S. 101, CJA; R. 40; common law; equity).

Order requiring notice of a material change affecting protected property: Requires specified persons to disclose damage, loss, transfer, encumbrance, insurance cancellation, deterioration, or another material change affecting the property (S. 101, CJA; R. 40; equity).

Order requiring periodic disclosure concerning compliance: Requires reports, statements, records, certifications, or affidavits demonstrating continuing compliance with the protective order (S. 101, CJA; R. 40; equity).

Order requiring identification of proceeds generated during the interim period: Requires disclosure of income, sale proceeds, substitutions, investments, or other value produced from protected property (S. 101, CJA; R. 40; common law; equity).

Order requiring substituted property to remain subject to the protective order: Extends the interim protection to property acquired in exchange for or using protected property (S. 101, CJA; R. 40; equity).

Order extending protection to proceeds or replacement property: Provides that any proceeds, income, substitutions, or replacements remain subject to the restrictions governing the original property (S. 101, CJA; R. 40; equity).

Order varying an interim protective order: Changes the property, persons, restrictions, exceptions, security, disclosure requirements, duration, or other terms of an existing protective order (S. 101, CJA; R. 40; equity).

Order discharging an interim protective order: Terminates the order where the requirements for continued protection are no longer satisfied or adequate alternative protection has been provided (S. 101, CJA; R. 40; equity).

Order enforcing compliance with an interim protective order: Requires performance of outstanding obligations and correction of any breach of the protective order (S. 101, CJA; R. 40; common law; equity).

Order granting consequential directions necessary to implement the protection: Provides any additional custody, access, payment, transfer, disclosure, security, registration, or administrative direction required to make the protective relief effective (S. 101, CJA; R. 40; common law; equity).

1. Setting Aside Transfers and Transactions

Declaration that a transfer of estate property is void: Determines that the purported transfer was legally ineffective and did not convey a valid interest in the property (S. 97, CJA; common law; equity).

Declaration that a transfer of estate property is voidable: Determines that the transfer may be rescinded or set aside because of a defect affecting the validity of the transaction (S. 97, CJA; common law; equity).

Order setting aside a transfer of estate property: Reverses a transfer made without authority, consent, capacity, or other lawful basis and restores the property to the estate (S. 97, CJA; common law; equity).

Order rescinding a transaction involving estate property: Unwinds a transaction affected by fraud, misrepresentation, undue influence, incapacity, unconscionability, breach of fiduciary duty, or another recognized ground for rescission (common law; equity).

Order setting aside a transfer made through the misuse of fiduciary or substitute decision-making authority: Reverses a transaction completed through an unauthorized or improper exercise of authority over the deceased’s property (common law; equity).

Order cancelling a deed, assignment, conveyance, beneficiary designation, or other instrument: Cancels an instrument through which estate property was improperly transferred or purportedly disposed of (S. 97, CJA; common law; equity).

Order restoring the parties to their pre-transaction positions: Requires the reversal of payments, transfers, registrations, and other consequences of a transaction that has been set aside (common law; equity).

2. Final Return, Delivery, and Reconveyance of Estate Property

Order requiring the return of estate property: Gives effect to the final determination that the property belongs to the estate by compelling the person possessing or controlling it to return it to the estate trustee (common law; equity).

Order requiring delivery of personal property to the estate: Gives effect to the estate’s established entitlement by requiring tangible personal property belonging to the deceased or the estate to be delivered to the estate trustee (common law; equity).

Order requiring repayment of estate funds: Compels the final repayment of money determined to have been withdrawn, received, retained, or transferred without lawful entitlement (common law; equity).

Order requiring reconveyance of real property to the estate: Gives effect to the estate’s established entitlement by requiring land improperly transferred from the deceased or the estate to be conveyed back to the estate (S. 97, CJA; common law; equity).

Order requiring transfer of legal title to estate property: Gives effect to the final determination of beneficial ownership by directing the registered or legal owner to transfer title to the estate (S. 97, CJA; common law; equity).

Order requiring execution of documents necessary to restore estate property: Compels a person to execute deeds, transfers, assignments, directions, or other documents needed to implement the final return of property to the estate (S. 97, CJA; common law; equity).

Order correcting or cancelling a registration affecting estate property: Corrects or removes a registration that improperly records an interest in property finally determined to belong to the estate (S. 97, CJA; common law; equity).

Order requiring a recipient or third party to deliver securities, investments, valuables, records, or digital property: Compels a person wrongfully retaining specified estate assets or property-related records to deliver or transfer them to the estate trustee (common law; equity).

Order restoring possession or control of estate property: Gives effect to the final determination that the property belongs to the estate by restoring its physical, legal, or practical control to the estate trustee (common law; equity).

3. Restitution and Repayment

Order for restitution to the estate: Requires a person to restore money, property, or value received at the expense of the deceased or the estate without a lawful basis (common law; equity).

Order for money had and received: Requires repayment of money received and retained in circumstances where it would be unjust for the recipient to keep it (common law; equity).

Order reversing unjust enrichment at the expense of the estate: Requires restitution where the defendant was enriched, the estate suffered a corresponding deprivation, and no juristic reason justifies the enrichment (common law; equity).

Order requiring repayment of unauthorized withdrawals: Requires the return of funds withdrawn from the deceased’s or estate’s accounts without lawful authority or entitlement (common law; equity).

Order requiring repayment of unauthorized expenses or transfers: Requires reimbursement of amounts improperly charged to, paid from, or transferred out of the deceased’s or estate’s property (common law; equity).

Order requiring repayment of benefits obtained through misuse of authority: Requires a fiduciary, attorney, trustee, agent, or other person to restore benefits obtained through an unauthorized or improper exercise of authority (common law; equity).

Order requiring payment of the value of property that cannot be returned: Awards monetary restitution where the original estate property is no longer available for restoration (common law; equity).

Order awarding interest on amounts to be restored to the estate: Compensates the estate for the period during which it was deprived of money or property (S. 128–130, CJA; common law; equity).

4. Tracing and Substituted Property

Declaration tracing estate property into its proceeds: Identifies the proceeds produced through the sale, exchange, investment, or other disposition of estate property (equity).

Declaration tracing estate funds into a bank or investment account: Identifies estate money deposited into, transferred through, or used to acquire assets held in an account (equity).

Declaration tracing estate property into subsequently acquired property: Identifies property purchased or obtained using estate money or the proceeds of estate property (equity).

Declaration tracing estate funds through a mixed account: Identifies the estate’s interest in an account containing both estate funds and funds belonging to another person (equity).

Declaration that substituted property belongs beneficially to the estate: Determines that property substituted for misappropriated estate property is held for the benefit of the estate (equity).

Order transferring traceable property or proceeds to the estate: Requires the transfer of identifiable property or proceeds into which estate property can be traced (equity).

Declaration that the estate holds a proportionate interest in mixed property: Determines the estate’s proportionate beneficial interest where estate property has been combined with other property (equity).

Order permitting estate property to be followed through successive transfers: Allows the estate to pursue identifiable property or proceeds through a series of transactions, subject to applicable equitable defences (equity).

5. Proprietary Recovery Remedies

Declaration that property is held on resulting trust for the estate: Determines, as a recovery remedy, that the estate retains the beneficial interest in property where the circumstances give rise to a resulting trust (equity).

Declaration that property is held on constructive trust for the estate: Recognizes a proprietary interest in favour of the estate where a constructive trust is required to remedy wrongful acquisition, retention, or disposition of estate property (equity).

Order transferring property held on resulting or constructive trust to the estate: Requires legal title to trust property to be conveyed to the estate trustee for the benefit of the estate (equity).

Declaration of an equitable lien or charge in favour of the estate: Secures the estate’s claim against property acquired, preserved, or improved using estate money or property (equity).

Order enforcing an equitable lien or charge: Permits the estate to realize against property subject to an equitable security interest in order to recover the amount owed (equity).

Declaration of the estate’s proprietary interest in traceable property: Determines the nature and extent of the estate’s ownership interest in identifiable property or proceeds for the purpose of proprietary recovery (equity).

Declaration concerning the priority of the estate’s proprietary claim: Determines the priority of the estate’s interest relative to competing legal or equitable interests in the recovered property (common law; equity).

6. Account of Profits and Disgorgement

Order requiring an account of profits: Requires a person to disclose and account for profits obtained through the unauthorized use, retention, or disposition of estate property (equity).

Order requiring disgorgement of profits: Requires the surrender of gains obtained through a breach of fiduciary duty or other wrongful conduct involving estate property (equity).

Order requiring payment of income earned from estate property: Requires rents, dividends, interest, distributions, or other income generated by estate property to be paid to the estate (common law; equity).

Order requiring disgorgement of gains obtained through a fiduciary breach: Prevents a fiduciary from retaining a profit or benefit obtained through a conflict of interest, misuse of position, or breach of loyalty involving estate property (equity).

Order requiring payment of profits from an unauthorized transaction: Requires a person to account for gains generated through a transaction involving estate property that was completed without proper authority (equity).

Order denying a fiduciary or wrongdoer the benefit of an unauthorized transaction: Prevents a person from profiting from the misuse or wrongful disposition of estate property (equity).

7. Equitable Compensation and Damages

Order for equitable compensation: Requires monetary compensation sufficient to restore the estate for loss caused by a breach of fiduciary or equitable obligation (equity).

Order for damages arising from breach of fiduciary duty: Compensates the estate for loss caused by a fiduciary’s misuse, mismanagement, or unauthorized disposition of estate property (common law; equity).

Order for damages for conversion of estate property: Compensates the estate for the wrongful possession, use, transfer, destruction, or disposal of its personal property (common law).

Order for damages arising from fraud, deceit, or misrepresentation: Compensates the estate for loss caused by fraudulent or materially misleading conduct affecting estate property (common law; equity).

Order for damages arising from negligent loss or disposition of estate property: Compensates the estate where a duty of care was breached and estate property was lost, damaged, or diminished as a result (common law).

Order requiring payment of the replacement value of estate property: Awards the value required to replace property that cannot be returned in its original form (common law; equity).

Order compensating the estate for lost income, depreciation, or lost opportunity: Compensates the estate for consequential financial loss resulting from the wrongful deprivation or misuse of estate property (common law; equity).

Order restoring the estate to the position it would have occupied but for the wrongful conduct: Awards compensation calculated by reference to the estate’s position absent the breach or wrongdoing (common law; equity).

8. Recovery From Recipients and Third Parties

Order requiring a recipient without lawful entitlement to return estate property: Compels a person who received estate property without a valid legal basis to return the property to the estate (common law; equity).

Order requiring a recipient to repay the value of estate property: Requires monetary repayment where improperly received estate property cannot be returned (common law; equity).

Declaration that a recipient is liable for knowing receipt: Determines that a person received trust or fiduciary property for their own benefit with sufficient knowledge of the breach affecting the transfer (equity).

Order requiring a knowing recipient to restore property, value, or profits: Requires a recipient liable in knowing receipt to return the property or compensate the estate for its value and related gains (equity).

Declaration that a person is liable for dishonest assistance: Determines that a person dishonestly assisted in a breach of fiduciary duty involving estate property (equity).

Order requiring a dishonest assistant to compensate the estate: Requires a person who dishonestly assisted a fiduciary breach to compensate the estate for resulting loss or surrender resulting gains (equity).

Order requiring a transferee to account for proceeds or profits: Requires a recipient or transferee to disclose and pay over proceeds or gains derived from estate property (equity).

Order requiring return by a subsequent recipient who is not a bona fide purchaser for value without notice: Permits recovery of estate property or its traceable proceeds from a subsequent recipient who does not qualify for the protected-purchaser defence (equity).

Declaration that a transferee is a bona fide purchaser for value without notice: Determines that a transferee acquired the property for value without notice of the estate’s prior equitable interest and takes free of that interest (equity).

9. Fraudulent Conveyances and Preferences

Declaration that a conveyance was made with intent to defeat, hinder, delay, or defraud creditors: Determines that a disposition of property is void as against creditors or others within the protection of the legislation (S. 2, FCA).

Order setting aside a fraudulent conveyance: Reverses a conveyance made with the prohibited intent and restores the property or its value for the benefit of those entitled to pursue it (S. 2, FCA).

Declaration that fraudulently conveyed property remains available to satisfy claims: Determines that the impugned transfer does not prevent the property from being pursued for the satisfaction of legally enforceable claims (S. 2, FCA).

Order requiring restoration of property or value transferred through a fraudulent conveyance: Requires the transferee to return the property or compensate for its value where restoration in specie is unavailable (S. 2, FCA; equity).

Declaration that a transaction constitutes a fraudulent preference: Determines that a transaction improperly preferred one creditor over others contrary to the applicable statutory requirements (S. 4, 5, APA).

Order setting aside a fraudulent preference: Reverses a preferential payment, transfer, security, or other transaction that is void under the applicable legislation (S. 4, 5, APA).

Order requiring repayment of an unlawful preference: Requires a preferred creditor or recipient to return the payment, property, or benefit improperly received (S. 4, 5, APA).

Order granting consequential relief necessary to reverse a fraudulent conveyance or preference: Directs the transfers, repayments, registrations, or other steps required to restore the affected property or value (S. 2, FCA; S. 4, 5, APA; equity).

10. Consequential Recovery Relief

Order requiring a remedial accounting to quantify recovery: Requires an accounting of identified property, proceeds, gains, or losses to quantify the recovery owing to the estate, rather than judicial approval of a fiduciary’s administration (common law; equity).

Order directing an inquiry into estate property, proceeds, profits, or losses: Directs a formal determination of the nature, location, value, disposition, or financial consequences of property recoverable by the estate (common law; equity).

Order requiring execution of documents necessary to implement recovery: Compels the execution of transfers, assignments, directions, releases, or other instruments needed to carry the judgment into effect (S. 97, CJA; common law; equity).

Order authorizing registration of a judgment or transfer affecting recovered property: Permits the judgment or a court-directed transfer to be registered against the relevant property or title (S. 97, CJA; common law; equity).

Order directing payment from specified property or proceeds: Requires an amount owing to the estate to be paid from identified property, accounts, sale proceeds, or other funds (common law; equity).

Order awarding prejudgment and postjudgment interest: Awards interest on money or value recoverable by the estate for the applicable periods before and after judgment (S. 128–130, CJA).

Order granting consequential declarations, transfers, payments, or directions: Provides any additional relief required to complete and implement the recovery of estate property or value (S. 97, CJA; common law; equity).

1. Existence and Validity of a Trust

Declaration that an express trust exists: Determines that the settlor validly created an enforceable trust concerning identified property and beneficiaries or purposes (S. 97, CJA; common law; equity; terms).

Declaration that no express trust exists: Determines that the words, conduct, or instrument relied upon did not create an enforceable trust (S. 97, CJA; common law; equity; terms).

Declaration that a trust is valid: Confirms that the trust satisfies the applicable requirements for validity and is legally enforceable (S. 97, CJA; common law; equity).

Declaration that a trust is invalid: Determines that the purported trust is legally ineffective because one or more requirements for a valid trust have not been satisfied (S. 97, CJA; common law; equity).

Declaration that the three certainties are satisfied: Determines that the trust possesses sufficient certainty of intention, subject matter, and objects (common law; equity).

Declaration that a purported trust fails for uncertainty: Determines that the trust is ineffective because the required certainty of intention, subject matter, or objects is absent (common law; equity).

Declaration that a trust was validly constituted: Determines that the settlor completed the steps required to transfer or otherwise subject the trust property to the trust (common law; equity).

Declaration that a trust was not validly constituted: Determines that the settlor failed to transfer, declare, or otherwise subject the property to an enforceable trust (common law; equity).

Declaration that a trust is testamentary: Determines that the trust arises upon death under a will or other testamentary disposition (S. 97, CJA; common law; terms).

Declaration that a trust is inter vivos: Determines that the trust was created and became operative during the settlor’s lifetime (S. 97, CJA; common law; terms).

Declaration that a purported trust is a sham: Determines that the purported trust does not reflect the parties’ true intention and was not intended to create the legal rights and obligations it appears to create (common law; equity).

Declaration that a purported trust is illusory or legally ineffective: Determines that the arrangement fails to create an enforceable trust because the settlor did not relinquish the degree of control required by law or because the arrangement otherwise lacks substantive legal effect (common law; equity).

Declaration that a trust provision is void or unenforceable: Determines that a term, condition, purpose, or limitation within the trust cannot legally be given effect (S. 97, CJA; common law; equity).

2. Identification of Trust Property and Beneficial Interests

Declaration identifying the property subject to the trust: Determines which money, land, securities, personal property, or other assets constitute trust property (S. 97, CJA; common law; equity; terms).

Declaration that specified property does not form part of the trust: Determines that identified property is not subject to the trust and is not governed by its terms (S. 97, CJA; common law; equity; terms).

Declaration that substituted or subsequently acquired property forms part of the trust: Determines that property replacing, derived from, or acquired under the terms of the trust is subject to the trust (common law; equity; terms).

Declaration identifying the beneficiaries of the trust: Determines which persons or entities possess beneficial interests under the trust (S. 97, CJA; common law; terms).

Declaration that a person is or is not a beneficiary: Determines whether a particular person falls within the express or properly interpreted class of beneficiaries (S. 97, CJA; common law; terms).

Declaration identifying a class of beneficiaries: Determines the persons who satisfy the description or eligibility requirements established by the trust (S. 97, CJA; common law; terms).

Declaration concerning the nature and extent of a beneficiary’s interest: Determines the property, proportion, entitlement, or benefit held by a beneficiary under the trust (S. 97, CJA; common law; equity; terms).

Declaration that a beneficial interest is vested: Determines that the beneficiary has acquired an existing and legally enforceable interest, whether or not enjoyment or possession is postponed (S. 97, CJA; common law; terms).

Declaration that a beneficial interest is contingent: Determines that the beneficiary’s entitlement depends upon the occurrence of a specified event or satisfaction of a condition (S. 97, CJA; common law; terms).

Declaration that a beneficial interest is defeasible: Determines that an existing interest may be reduced, divested, or terminated upon the occurrence of a specified event (S. 97, CJA; common law; terms).

Declaration that a beneficial interest is discretionary: Determines that the beneficiary’s entitlement depends upon the exercise of a trustee’s discretion (S. 97, CJA; common law; terms).

Declaration concerning entitlement to trust income or capital: Determines whether and to what extent a beneficiary is entitled to receive income, capital, or both from the trust (S. 97, CJA; common law; equity; terms).

Declaration that a beneficial interest has vested in possession: Determines that the beneficiary has become presently entitled to receive or enjoy the trust property (S. 97, CJA; common law; terms).

3. Interpretation of the Trust

Declaration interpreting a trust provision: Determines the legal meaning and effect of language contained in the trust instrument (S. 97, CJA; common law; terms).

Declaration concerning the settlor’s intention: Determines the intention expressed through the trust instrument when read as a whole and in its legally admissible context (S. 97, CJA; common law; terms).

Declaration resolving an ambiguity in the trust: Determines the meaning of trust language that is reasonably capable of more than one interpretation (S. 97, CJA; common law; terms).

Declaration that a trust direction is mandatory: Determines that the trustee is legally required to comply with a direction contained in the trust instrument (S. 97, CJA; common law; terms).

Declaration that a trust provision confers discretion: Determines that the trust permits, but does not require, the trustee to exercise the specified authority (S. 97, CJA; common law; terms).

Declaration concerning the validity or effect of a condition, restriction, or limitation: Determines whether a condition affecting a gift or beneficial interest is enforceable and the consequences of its satisfaction or failure (S. 97, CJA; common law; equity; terms).

Declaration concerning the allocation of receipts and expenses between income and capital: Determines whether particular receipts, gains, expenses, or liabilities are attributable to trust income or capital (S. 97, CJA; common law; equity; terms).

Declaration concerning the duration of the trust: Determines the period during which the trust continues and the event upon which it terminates (S. 97, CJA; common law; terms).

Declaration concerning the occurrence or effect of an event specified by the trust: Determines whether a triggering event has occurred and how it affects the administration or beneficial interests under the trust (S. 97, CJA; common law; terms).

Order rectifying a trust instrument: Corrects the written instrument where, because of a legally recognized mistake, it does not accurately record the settlor’s true intention (S. 97, CJA; common law; equity).

4. Appointment, Retirement, Removal, and Replacement of Trustees

Order appointing a new trustee: Appoints a person to administer the trust where a judicial appointment is necessary for its proper continuation or administration (S. 5, TA).

Order appointing an additional trustee: Adds one or more trustees to act with the existing trustee or trustees in administering the trust (S. 5, TA).

Order appointing an interim trustee: Appoints a person to preserve or administer the trust temporarily while a dispute concerning the identity, authority, removal, or replacement of a trustee is determined (S. 5, TA; S. 101, CJA; equity).

Order appointing a trustee where no trustee presently holds office: Appoints a suitable person to administer the trust where there is no existing trustee capable of exercising the trust authority (S. 5, TA).

Order replacing a deceased trustee: Appoints a successor where a trustee’s death has left a vacancy that must be filled for the proper administration of the trust (S. 5, TA).

Order replacing a trustee who is incapable, unavailable, or unwilling to act: Substitutes a suitable trustee where an existing trustee cannot or will not continue administering the trust (S. 5, TA; common law; equity).

Order removing a trustee: Removes a trustee where continued service would jeopardize the proper administration of the trust or the welfare of the beneficiaries (S. 5, TA; inherent jurisdiction; equity).

Order replacing a removed trustee: Appoints a suitable successor to assume the office and responsibilities of a trustee removed by the court (S. 5, TA).

Order approving or confirming the retirement of a trustee: Relieves a trustee from further service and establishes the trustees who will continue administering the trust (S. 5, TA; terms; equity).

Declaration concerning the validity of a trustee’s appointment, retirement, or replacement: Determines whether a change of trustees was completed in accordance with the trust instrument and applicable law (S. 97, CJA; S. 5–8, TA; terms).

Vesting order transferring trust property to newly appointed or continuing trustees: Vests legal title or the right to deal with trust property in the trustees entitled to administer it following an appointment, retirement, removal, or other change of trustees (S. 9–16, TA).

Order requiring a former trustee to transfer trust property and records: Requires an outgoing trustee to deliver property, documents, accounts, and information necessary for the continuing administration of the trust (S. 97, CJA; common law; equity).

5. Authority, Duties, and Administration of Trustees

Declaration concerning the scope of a trustee’s authority: Determines which transactions, decisions, and administrative acts fall within the trustee’s express, implied, or statutory powers (S. 97, CJA; TA; common law; terms).

Declaration concerning a trustee’s duties: Determines the fiduciary, administrative, investment, dispositive, or other obligations governing the trustee’s conduct (S. 97, CJA; TA; common law; equity; terms).

Declaration concerning the joint or individual exercise of trustee authority: Determines whether multiple trustees must act jointly, may act by majority, or may exercise specified powers individually (S. 97, CJA; common law; terms).

Order providing advice and directions concerning the management or administration of trust property: Determines how a trustee may properly proceed in relation to a question arising in the administration of the trust (S. 60, TA).

Direction concerning the sale of trust property: Determines whether and on what terms the trustee may or must sell specified trust property (S. 17–19, 60, TA; terms).

Direction concerning the retention of trust property: Determines whether the trustee may retain an asset rather than selling or otherwise disposing of it (S. 60, TA; common law; terms).

Direction concerning the investment of trust property: Determines whether a proposed investment decision or investment approach complies with the trustee’s statutory, fiduciary, and instrument-based obligations (S. 27–31, 60, TA; terms).

Direction concerning the lease, mortgage, transfer, or other disposition of trust property: Determines whether and on what terms the trustee may complete a proposed transaction involving trust property (S. 60, TA; common law; terms).

Order authorizing a transaction involving trust property: Grants any judicial authorization required for a sale, investment, transfer, compromise, or other administrative transaction (S. 60, TA; common law; equity).

Order authorizing the compromise or settlement of a trust claim: Permits a trustee to resolve a claim by or against the trust on terms approved or directed by the court (S. 60, TA; common law; equity; terms).

Direction concerning the allocation of trust receipts or expenses: Determines how a trustee must allocate particular receipts, gains, costs, liabilities, or disbursements between income and capital (S. 60, TA; common law; equity; terms).

Direction concerning a proposed distribution from the trust: Determines whether and on what terms a trustee may or must make a distribution of income or capital (S. 60, TA; terms).

Direction authorizing a trustee to withhold or postpone a distribution: Permits the trustee to retain trust property temporarily where immediate distribution would be inconsistent with the trust or proper administration (S. 60, TA; common law; terms).

Order compelling a trustee to perform a trust obligation: Requires the trustee to carry out a mandatory duty imposed by the trust instrument or applicable law (S. 97, CJA; common law; equity; terms).

Order requiring compliance with the terms of the trust: Directs the trustee to administer the trust in accordance with its legally effective provisions (S. 97, CJA; common law; equity; terms).

Order restraining an unauthorized exercise of trustee authority: Prevents a trustee from taking or continuing action outside the trustee’s lawful powers or contrary to the terms of the trust (S. 97, CJA; common law; equity; terms).

Order setting aside an unauthorized trustee transaction: Reverses a transaction completed without authority or in breach of the trustee’s obligations where the applicable legal requirements for setting it aside are satisfied (common law; equity).

6. Exercise of Trustee Discretion

Declaration concerning the existence or scope of a trustee’s discretion: Determines whether the trustee possesses discretionary authority and identifies the matters to which it extends (S. 97, CJA; common law; equity; terms).

Order requiring a trustee to consider exercising a discretion: Requires the trustee to turn its mind to a discretionary power where the trustee has refused or failed to consider whether it should be exercised (common law; equity; terms).

Order requiring a trustee to exercise discretion in good faith: Requires the trustee to approach a discretionary decision honestly and consistently with the purposes for which the discretion was conferred (common law; equity; terms).

Order requiring a trustee to exercise discretion for a proper purpose: Prevents the use of discretionary authority for an objective unrelated or contrary to the purposes of the trust (common law; equity; terms).

Declaration that a trustee improperly exercised discretion: Determines that a discretionary decision was affected by bad faith, improper purpose, irrelevant considerations, failure to consider relevant matters, or another reviewable error (S. 97, CJA; common law; equity).

Declaration that a trustee improperly failed to exercise discretion: Determines that the trustee unlawfully fettered, abandoned, or refused to exercise discretionary authority (S. 97, CJA; common law; equity).

Order setting aside a trustee’s discretionary decision: Vacates a decision reached through an improper exercise of trust discretion (common law; equity).

Order requiring a trustee to reconsider a discretionary decision: Returns the matter to the trustee for a fresh decision made in accordance with the trust and applicable fiduciary principles (common law; equity; terms).

Order requiring consideration of relevant factors: Directs the trustee to consider matters legally relevant to the exercise of the discretion (common law; equity; terms).

Order restraining consideration of irrelevant or improper factors: Prevents the trustee from relying upon considerations outside the lawful purposes and scope of the discretion (common law; equity; terms).

Order substituting a decision for that of the trustee: Determines the substantive outcome where the court is legally entitled to intervene and substitution is necessary or otherwise permitted (common law; equity).

7. Court Supervision and Interim Control of Trustees

Order temporarily restraining a trustee from exercising specified authority: Prevents the trustee from completing an identified transaction, distribution, or administrative act while the trustee’s authority or conduct is determined (S. 101, CJA; R. 40; common law; equity; terms).

Order temporarily suspending or limiting a trustee’s authority: Restricts the powers the trustee may exercise pending determination of a proceeding concerning the trustee or administration of the trust (S. 5, TA; S. 101, CJA; R. 40; equity).

Order requiring prior court approval before a specified transaction: Prohibits the trustee from completing an identified sale, transfer, investment, compromise, encumbrance, or other transaction without further authorization from the court (S. 60, TA; S. 101, CJA; equity).

Order requiring prior court approval before a distribution: Prevents the trustee from distributing income or capital until the proposed distribution has been disclosed to and authorized by the court (S. 60, TA; S. 101, CJA; equity).

Order requiring trust funds to be maintained in a designated trust account: Requires money belonging to the trust to be deposited and maintained in an identified account subject to specified controls (S. 60, TA; S. 101, CJA; equity).

Order requiring advance notice of a proposed transaction or distribution: Requires the trustee to provide specified persons with notice before completing an identified transaction or distributing trust property (S. 60, TA; S. 101, CJA; equity).

Order requiring interim reports concerning the administration of the trust: Requires the trustee to provide periodic information concerning trust property, receipts, expenditures, transactions, liabilities, and proposed administrative steps while the proceeding remains outstanding (S. 60, TA; S. 97, CJA; common law; equity).

Order requiring disclosure of trust property, transactions, and records: Requires the trustee to identify trust property and produce documents or information necessary to permit judicial or beneficiary oversight of the administration (S. 60, TA; S. 97, CJA; common law; equity).

Order requiring the trustee to maintain a reserve: Requires the trustee to retain sufficient trust property to satisfy disputed entitlements, taxes, expenses, indemnities, liabilities, or a potential judgment before making further distributions (S. 60, TA; S. 101, CJA; common law; equity).

Order prohibiting distribution of specified trust property pending determination: Prevents the trustee from distributing identified income, capital, or other trust property until the parties’ rights or the proper administration of the trust have been determined (S. 60, TA; S. 101, CJA; R. 40; equity).

Order requiring security as a condition of continuing to act: Requires the trustee to provide security protecting the trust or its beneficiaries as a condition of retaining or exercising trustee authority (S. 5, 60, TA; common law; equity).

Order imposing conditions on the trustee’s continued exercise of authority: Permits the trustee to continue acting subject to restrictions, reporting obligations, approval requirements, or other safeguards imposed by the court (S. 5, 60, TA; S. 101, CJA; equity).

Order varying or discharging an interim supervisory order: Changes or terminates restrictions, reporting obligations, approval requirements, or other interim controls where the circumstances supporting them have changed or no longer exist (S. 5, 60, TA; S. 101, CJA; R. 40; equity).

8. Variation of a Trust

Order approving an arrangement varying a trust: Approves a proposed arrangement that changes, revokes, or enlarges the trusts or the powers of the trustees (S. 1, VTA).

Order varying the administrative provisions of a trust: Changes the rules governing the management or administration of the trust where the statutory requirements for approval are satisfied (S. 1, VTA).

Order varying the beneficial interests under a trust: Approves a change affecting the nature, extent, timing, or conditions of the beneficiaries’ interests (S. 1, VTA).

Order enlarging or restricting trustee powers: Approves an arrangement that changes the authority available to the trustees in administering the trust (S. 1, VTA).

Order approving a variation on behalf of a minor beneficiary: Supplies judicial approval on behalf of a beneficiary who cannot consent because of minority, where the arrangement is for that beneficiary’s benefit (S. 1, VTA).

Order approving a variation on behalf of an incapable beneficiary: Supplies judicial approval on behalf of a person unable to consent because of incapacity, where the arrangement is for that person’s benefit (S. 1, VTA).

Order approving a variation on behalf of an unborn or unascertained beneficiary: Supplies judicial approval for persons who may acquire an interest in the future but are not presently born or ascertained, where the arrangement is for their benefit (S. 1, VTA).

Order approving a variation on behalf of a person whose interest is contingent upon a future event: Supplies judicial approval for a person whose entitlement depends upon an event that has not yet occurred, where the arrangement is for that person’s benefit (S. 1, VTA).

Order approving the resettlement or rearrangement of trust property: Approves an arrangement restructuring the manner in which trust property is held, administered, or distributed (S. 1, VTA).

Order refusing to approve a proposed trust variation: Declines to approve an arrangement where the statutory requirements are not satisfied or the arrangement is not for the benefit of the persons on whose behalf court approval is sought (S. 1, VTA).

9. Termination and Distribution of a Trust

Declaration that a trust has terminated according to its terms: Determines that the event or time specified for termination has occurred and the trust no longer continues (S. 97, CJA; common law; terms).

Declaration that the purpose of a trust has been fulfilled: Determines that the trust has accomplished its legally defined purpose and may be brought to an end (S. 97, CJA; common law; equity; terms).

Declaration that the purpose of a trust has failed or become impossible: Determines the effect of the failure or impossibility of the trust’s stated purpose upon the continuation and disposition of the trust property (S. 97, CJA; common law; equity; terms).

Declaration that the rule in Saunders v. Vautier applies: Determines that all persons beneficially entitled are legally capable, together absolutely entitled to the trust property, and entitled to require termination of the trust (common law; equity).

Order terminating a trust at the request of the beneficiaries: Brings the trust to an end where all beneficiaries are legally capable, together absolutely entitled, and entitled to require distribution of the trust property (common law; equity).

Order approving an arrangement terminating a trust: Approves the revocation or termination of the trust on behalf of persons who cannot provide legally effective consent, where the statutory requirements are satisfied (S. 1, VTA).

Order distributing trust property upon termination: Directs the division and distribution of the remaining trust property among the persons legally entitled to receive it (S. 97, CJA; common law; equity; terms).

Order transferring trust property to the persons entitled: Requires the trustees or registered holders to convey or transfer legal title to the beneficiaries or other persons entitled upon termination (S. 97, CJA; common law; equity; terms).

Order determining the allocation of income and capital upon termination: Determines how undistributed income, accumulated income, capital, expenses, and liabilities must be allocated when the trust is wound up (S. 97, CJA; common law; equity; terms).

Order requiring payment or provision for trust liabilities before distribution: Requires the trustees to satisfy or adequately provide for taxes, expenses, debts, indemnities, and other trust obligations before completing the distribution (common law; equity; terms).

Order granting consequential directions for winding up the trust: Provides the transfers, payments, releases, retentions, or administrative directions required to complete the termination and distribution of the trust (S. 60, TA; S. 97, CJA; common law; equity).

1. Beneficiary Status and Entitlement

Declaration that a person is a beneficiary of the estate: Determines that the person possesses a beneficial entitlement under the governing will, codicil, intestacy provisions, or other applicable law (S. 97, CJA; SLRA; common law; terms).

Declaration that a person is not a beneficiary of the estate: Determines that the person does not possess a beneficial entitlement to estate property under the governing will, codicil, intestacy provisions, or other applicable law (S. 97, CJA; SLRA; common law; terms).

Declaration that a person is entitled under a will or codicil: Determines that the person is entitled to receive a gift, interest, or benefit conferred by the governing testamentary instrument (S. 97, CJA; common law; terms).

Declaration that a person is entitled on an intestacy: Determines that the person falls within a class entitled to share in an estate distributed under Ontario’s intestate succession provisions (S. 44–49, SLRA).

Declaration concerning a person’s status as the deceased’s spouse: Determines whether the person qualifies as a spouse for the purpose of the applicable testate or intestate entitlement (S. 17, 43.1–46, SLRA).

Declaration concerning a person’s status as a descendant or other relative: Determines whether the person possesses the legally required relationship to the deceased for the purpose of an intestate or substitute entitlement (S. 47–49, SLRA).

Declaration concerning satisfaction of a survivorship requirement: Determines whether a beneficiary survived the deceased for the period required by the governing instrument or applicable law (S. 97, CJA; SLRA; common law; terms).

Declaration that a beneficiary’s interest is vested: Determines that the beneficiary has acquired an existing and legally enforceable entitlement, whether or not payment or possession is postponed (S. 97, CJA; common law; terms).

Declaration that a beneficiary’s interest is contingent: Determines that the beneficiary’s entitlement depends upon the occurrence of a specified event or satisfaction of a condition (S. 97, CJA; common law; terms).

Declaration that a beneficiary’s interest is defeasible: Determines that an existing entitlement may be reduced, divested, or terminated upon the occurrence of a specified event (S. 97, CJA; common law; terms).

Declaration concerning a beneficiary’s entitlement to income or capital: Determines whether and to what extent the beneficiary is entitled to estate income, capital, or both (S. 97, CJA; common law; equity; terms).

Declaration concerning the amount or proportion of a beneficiary’s entitlement: Determines the monetary amount, fractional share, specified property, or other benefit payable or transferable to the beneficiary (S. 97, CJA; SLRA; common law; terms).

2. Priority and Allocation of Estate Entitlements

Declaration concerning entitlement where the estate is wholly intestate: Determines the persons entitled to share in the estate and their respective shares where the deceased left no effective testamentary disposition (S. 44–49, SLRA).

Declaration concerning entitlement where the estate is partially intestate: Determines the persons entitled to estate property not effectively disposed of by the governing will or codicil (S. 44–49, SLRA; common law; terms).

Declaration that the surviving spouse is entitled to the intestate estate: Determines the spouse’s entitlement where the statutory conditions for receiving the entire intestate estate are satisfied (S. 44, 45, SLRA).

Declaration concerning the surviving spouse’s preferential share: Determines the amount payable to the surviving spouse before the remaining intestate estate is divided among the persons entitled (S. 45, 46, SLRA).

Declaration concerning the respective intestate shares of the spouse and descendants: Determines the portions of the intestate estate payable to the surviving spouse and the deceased’s descendants after satisfaction of the preferential share (S. 46–48, SLRA).

Declaration concerning distribution among the deceased’s descendants: Determines the shares payable to the deceased’s children and other descendants under the statutory distribution scheme (S. 47, 48, SLRA).

Declaration concerning entitlement of parents, siblings, or other relatives: Determines the persons entitled to inherit where the deceased left no spouse or descendants entitled to the intestate estate (S. 47–49, SLRA).

Declaration that a testamentary gift has lapsed: Determines that a gift has failed because the beneficiary did not survive the deceased and no legally effective substitute disposition applies (S. 97, CJA; S. 31, SLRA; common law; terms).

Declaration that a testamentary gift has not lapsed: Determines that the gift remains effective because a statutory anti-lapse provision, gift-over, class-gift rule, or other applicable principle preserves the disposition (S. 31, SLRA; common law; terms).

Declaration that a substitute beneficiary is entitled to receive a gift: Determines that a gift-over, statutory anti-lapse provision, or other substitute disposition entitles another person to receive the property (S. 31, SLRA; common law; terms).

Declaration that a failed or lapsed gift falls into residue: Determines that property subject to an ineffective disposition forms part of the residuary estate (S. 97, CJA; common law; terms).

Declaration concerning the priority among specific, demonstrative, general, and residuary gifts: Determines the order in which estate property must be applied to satisfy the different classes of testamentary gifts (S. 97, CJA; common law; equity; terms).

Declaration concerning the abatement of testamentary gifts: Determines the order and proportion in which gifts must be reduced where the estate is insufficient to satisfy all debts, expenses, and testamentary dispositions (common law; equity; terms).

Declaration concerning the effect of an advancement or amount chargeable against a beneficiary’s share: Determines whether and to what extent a prior benefit, debt, or other amount must be taken into account when calculating the beneficiary’s estate entitlement (S. 97, CJA; common law; equity; terms).

3. Beneficiary Information and Disclosure

Order requiring disclosure of the governing will and codicils: Requires the estate trustee or another person possessing the instruments to provide them to a person whose estate entitlement may be affected (S. 97, CJA; common law; equity).

Order requiring disclosure of instruments governing a beneficiary’s entitlement: Requires production of any trust, designation, agreement, election, or other instrument necessary to determine the beneficiary’s substantive rights (S. 97, CJA; common law; equity).

Order requiring identification of estate assets and liabilities: Requires the estate trustee to provide sufficient information concerning estate property and obligations for the beneficiary to understand the administration and potential entitlement (common law; equity).

Order requiring information concerning the status of the estate administration: Requires the estate trustee to report on the steps completed, matters remaining outstanding, and anticipated course of administration (common law; equity).

Order requiring disclosure of transactions affecting a beneficiary’s entitlement: Requires information and supporting documents concerning a sale, transfer, payment, retention, or other transaction that may affect the beneficiary’s interest (common law; equity).

Order requiring notice of a proposed sale, transfer, or distribution: Requires the estate trustee to notify affected beneficiaries before completing a transaction or distribution in circumstances where notice is legally required (common law; equity; terms).

Order requiring disclosure of the calculation of a beneficiary’s share: Requires the estate trustee to explain the values, allocations, deductions, and other calculations used to determine the beneficiary’s proposed distribution (common law; equity).

Order requiring disclosure of information necessary to evaluate a proposed distribution: Requires sufficient financial and administrative information for affected beneficiaries to assess the proposed manner and amount of distribution (common law; equity).

4. Payment and Satisfaction of Gifts

Order requiring payment of a pecuniary legacy: Requires the estate trustee to pay the fixed or ascertainable monetary gift conferred upon the beneficiary by the governing testamentary instrument (S. 97, CJA; common law; equity; terms).

Order requiring transfer of specifically gifted property: Requires the estate trustee to deliver or convey the particular property validly gifted to the beneficiary (S. 97, CJA; common law; equity; terms).

Order requiring payment or transfer of a beneficiary’s share of residue: Requires the estate trustee to distribute the beneficiary’s proportionate interest in the residuary estate (S. 97, CJA; common law; equity; terms).

Order requiring payment of estate income to a beneficiary: Requires payment of income earned by estate property where the beneficiary is entitled to receive that income (S. 97, CJA; common law; equity; terms).

Order requiring satisfaction of a demonstrative legacy from the designated fund: Requires the estate trustee to satisfy the gift from the property or fund identified in the testamentary instrument and to determine any remaining entitlement where that source is insufficient (common law; equity; terms).

Declaration that a gift must be satisfied in cash: Determines that the beneficiary is entitled to monetary payment rather than a transfer of estate property in specie (S. 97, CJA; common law; terms).

Declaration that a gift may or must be satisfied in property: Determines that the beneficiary’s entitlement may or must be fulfilled through the transfer of specified or appropriated estate property (S. 97, CJA; common law; equity; terms).

Order directing the sale of estate property to satisfy a gift: Requires realization of estate property where a sale is necessary to fund or complete the beneficiary’s entitlement (S. 97, CJA; common law; equity; terms).

Order authorizing or requiring distribution in specie: Permits or directs the transfer of estate property itself rather than the proceeds produced by its sale (S. 97, CJA; common law; equity; terms).

Order awarding interest on an unpaid legacy or entitlement: Requires payment of interest where the governing instrument, rule of convenience, or another applicable legal principle entitles the beneficiary to interest because payment was delayed (common law; equity; terms).

5. Interim Distribution

Order directing an interim distribution: Requires the estate trustee to distribute part of the estate before completion of the entire administration where sufficient property can safely be distributed (S. 97, CJA; common law; equity).

Order directing payment of part of a beneficiary’s entitlement: Requires an advance or partial payment against the beneficiary’s ultimate estate entitlement (S. 97, CJA; common law; equity).

Order requiring distribution of property not needed for estate obligations: Requires the distribution of estate property that is not reasonably required to satisfy debts, taxes, expenses, claims, litigation, or other administration requirements (S. 97, CJA; common law; equity).

Declaration concerning the amount available for interim distribution: Determines the portion of the estate that may safely be distributed while the estate trustee retains sufficient property to complete the administration (S. 97, CJA; common law; equity).

Order requiring the estate trustee to retain a reserve before making an interim distribution: Requires retention of an appropriate amount to address reasonably anticipated debts, taxes, expenses, claims, or contingencies (common law; equity).

Order imposing conditions upon an interim distribution: Permits or requires an interim payment subject to conditions designed to protect the estate and the persons interested in it (S. 97, CJA; common law; equity).

Order requiring security, an indemnity, or a repayment undertaking: Conditions an interim distribution upon protection against the possibility that some or all of the distributed property may later be required for the administration of the estate (common law; equity).

6. Final Distribution of the Estate

Order directing final distribution of the estate: Requires the estate trustee to complete the distribution of the remaining estate property to the persons legally entitled to receive it (S. 97, CJA; common law; equity; terms).

Order approving or determining a proposed distribution: Confirms or establishes the persons entitled, their respective shares, and the manner in which the estate must be distributed (S. 97, CJA; SLRA; common law; equity; terms).

Order directing distribution according to the governing will or codicil: Requires the estate trustee to distribute the estate in accordance with the legally effective testamentary dispositions (S. 97, CJA; common law; equity; terms).

Order directing distribution on an intestacy: Requires distribution of the intestate estate or portion of the estate according to the statutory succession scheme (S. 44–49, SLRA).

Order directing distribution of the residuary estate: Requires the estate trustee to distribute the remaining property after satisfaction of debts, expenses, taxes, specific gifts, and other prior entitlements (S. 97, CJA; common law; equity; terms).

Declaration concerning the date upon which distribution must occur: Determines when a beneficiary’s entitlement becomes payable or transferable under the governing instrument and applicable law (S. 97, CJA; common law; equity; terms).

Order transferring estate property to the persons entitled: Requires execution and delivery of the transfers, deeds, assignments, directions, or other documents necessary to vest property in the beneficiaries (S. 97, CJA; common law; equity; terms).

Order authorizing distribution in cash, in specie, or partly by each method: Determines the form in which the estate trustee must satisfy the beneficiaries’ respective entitlements (S. 97, CJA; common law; equity; terms).

Order directing realization of estate property before distribution: Requires estate property to be sold, converted, or otherwise realized so that debts, expenses, gifts, or proportional entitlements can be satisfied (S. 97, CJA; common law; equity; terms).

Order directing equalization payments among beneficiaries: Requires monetary adjustments where property distributed in specie does not correspond precisely with the beneficiaries’ respective entitlements (S. 97, CJA; common law; equity).

Order granting consequential directions necessary to complete distribution: Directs any transfers, payments, retentions, valuations, adjustments, or other steps required to carry the final distribution into effect (S. 97, CJA; common law; equity).

7. Distribution for Minors, Incapable Persons, Missing Persons, and Unascertained Beneficiaries

Order directing payment of a beneficiary’s entitlement into court: Requires money or securities to be paid into court for safekeeping and administration where direct payment to the beneficiary cannot appropriately be made (S. 36, TA; common law; equity).

Order directing payment to a guardian of property: Authorizes or requires payment of an incapable beneficiary’s entitlement to the person legally authorized to manage that beneficiary’s property (S. 97, CJA; SDA; common law; equity).

Order directing payment or transfer for the benefit of a minor beneficiary: Establishes the person, account, trust, or other arrangement through which the minor’s entitlement must be held or administered (S. 36, TA; common law; equity; terms).

Order concerning property payable to an incapable beneficiary: Determines how the beneficiary’s entitlement must be transferred, held, or administered where the beneficiary cannot manage the property personally (S. 97, CJA; SDA; common law; equity).

Order approving a protective arrangement for a beneficiary unable to receive property directly: Authorizes an appropriate structure for preserving and administering the beneficiary’s entitlement (S. 97, CJA; SDA; common law; equity).

Order concerning the share of a missing or unlocatable beneficiary: Determines how the beneficiary’s entitlement must be retained, secured, paid into court, or otherwise protected while the beneficiary remains missing or unlocated (S. 36, TA; common law; equity).

Order concerning property belonging to an unascertained or unborn beneficiary: Provides for the preservation and administration of property in which a person not yet ascertained or born may acquire an interest (S. 36, TA; common law; equity; terms).

Order permitting administration or distribution to proceed despite a beneficiary’s absence: Authorizes the estate trustee to complete specified administrative or distributive steps while adequately protecting the absent beneficiary’s interest (S. 97, CJA; common law; equity).

8. Compelling, Postponing, or Controlling Distribution

Order compelling the estate trustee to distribute the estate: Requires distribution where the administration has progressed sufficiently and continued retention of estate property is no longer reasonably justified (S. 97, CJA; common law; equity).

Order requiring the estate trustee to explain or justify continued delay: Requires evidence and information concerning the reasons estate property has not been distributed (common law; equity).

Declaration that the executor’s year or a reasonable period of administration has expired: Determines that the ordinary period allowed for administration has passed and that continued delay requires justification (S. 97, CJA; common law; equity).

Order fixing a deadline for distribution: Requires the estate trustee to complete an interim or final distribution by a specified date (S. 97, CJA; common law; equity).

Order postponing distribution: Defers distribution where unresolved debts, taxes, claims, litigation, valuation issues, or other administration requirements make immediate distribution inappropriate (S. 97, CJA; common law; equity).

Order authorizing the estate trustee to retain a reserve: Permits retention of a portion of the estate to satisfy reasonably anticipated obligations or contingencies while the balance is distributed (common law; equity).

Order determining the amount and duration of an estate reserve: Establishes the property that may be retained and the period for which the retention may continue (S. 97, CJA; common law; equity).

Order restraining a premature or improper distribution: Prevents the estate trustee from distributing property before the rights of interested persons and outstanding estate obligations have been adequately protected (S. 97, CJA; common law; equity).

Order requiring payment of disputed estate property into court: Requires property or funds to be paid into court pending determination of the persons entitled to receive them (S. 36, TA; common law; equity).

Direction concerning distribution while a claim, tax liability, or other obligation remains outstanding: Determines whether distribution may proceed and identifies any reserve, security, indemnity, or other protection required before it does (S. 97, CJA; common law; equity).

Order granting consequential directions concerning estate distribution: Provides any additional payment, transfer, retention, security, notice, or administrative direction required to protect and implement the beneficiaries’ substantive rights (S. 97, CJA; common law; equity).

1. Obligation to Account

Declaration that a fiduciary is required to account: Determines that a person managing property for another is subject to an enforceable obligation to provide accounts concerning that management (S. 97, CJA; common law; equity).

Order requiring an estate trustee to pass accounts: Requires the estate trustee to submit the estate accounts for judicial examination and approval (R. 74.15–74.18).

Order requiring a trustee to pass accounts: Requires a trustee to submit accounts concerning the administration of trust property for judicial examination and approval (R. 74.16–74.18; common law; equity).

Order requiring an attorney for property to pass accounts: Requires the attorney to submit all or a specified part of the accounts concerning the management of the grantor’s property for judicial examination (S. 42, SDA; R. 74.16–74.18).

Order requiring a guardian of property to pass accounts: Requires the guardian to submit all or a specified part of the accounts concerning the management of the incapable person’s property for judicial examination (S. 42, SDA; R. 74.16–74.18).

Order requiring a guardian of a minor’s property to pass accounts: Requires the guardian to submit accounts concerning the receipt and management of the minor’s property for judicial examination (R. 74.16–74.18; common law; equity).

Order requiring a person with comparable property-management duties to pass accounts: Requires a person exercising fiduciary or similar authority over another person’s property to submit accounts for judicial examination (R. 74.16–74.18; common law; equity).

Order requiring accounts for the entire period of administration: Requires the fiduciary to account from the commencement of the fiduciary appointment or assumption of authority to the applicable closing date (R. 74.17, 74.18; common law; equity).

Order requiring accounts for a specified period: Limits the accounting to the period identified by the court (S. 42, SDA; R. 74.17, 74.18; common law; equity).

Order requiring accounts concerning specified property or transactions: Limits the accounting to identified assets, funds, transactions, or aspects of the fiduciary’s management (S. 42, SDA; R. 74.17, 74.18; common law; equity).

Order requiring periodic future accountings: Requires the fiduciary to prepare or pass accounts at specified future intervals as a condition of continuing to exercise authority (S. 42, SDA; common law; equity).

Order granting leave to apply for the passing of an attorney’s or guardian’s accounts: Permits a person not otherwise expressly authorized to apply for an order requiring an attorney or guardian of property to pass accounts (S. 42, SDA).

2. Preparation, Form, and Scope of Accounts

Order requiring accounts to be prepared in court form: Requires the fiduciary to present the accounts in the format prescribed for a judicial passing of accounts (R. 74.16, 74.17).

Order fixing the accounting period: Establishes the opening and closing dates of the period for which the fiduciary must account (R. 74.17, 74.18; common law; equity).

Order determining the opening balance of the accounts: Establishes the property and value for which the fiduciary was responsible at the beginning of the accounting period (R. 74.17; common law; equity).

Order determining the closing balance of the accounts: Establishes the property and value remaining under the fiduciary’s control at the end of the accounting period (R. 74.17; common law; equity).

Order requiring identification of the assets under administration: Requires the accounts to identify the money, land, investments, personal property, and other assets received or controlled by the fiduciary (R. 74.17).

Order requiring separate capital and revenue accounts: Requires receipts and disbursements to be classified and presented according to whether they relate to capital or income (R. 74.17).

Order requiring disclosure of all receipts and disbursements: Requires the accounts to record money and property received, payments made, and the dates and purposes of those transactions (R. 74.17).

Order requiring disclosure of investment transactions: Requires the accounts to identify investments purchased, retained, sold, or otherwise dealt with during the accounting period (R. 74.17).

Order requiring disclosure of property retained, sold, transferred, or distributed: Requires the accounts to show how each material asset was administered and its resulting disposition or current status (R. 74.17).

Order requiring disclosure of liabilities and property remaining: Requires the accounts to identify outstanding liabilities and the assets remaining under administration at the closing date (R. 74.17).

Order requiring disclosure of compensation taken or claimed: Requires the fiduciary to identify compensation already taken and any additional compensation sought on the passing of accounts (S. 40, SDA; S. 61, TA; R. 74.17, 74.18).

Order requiring correction or restatement of deficient accounts: Requires accounts containing errors, omissions, improper classifications, or inadequate information to be corrected and presented again (R. 74.17, 74.18; common law; equity).

3. Supporting Records and Information

Order requiring production of bank statements: Requires disclosure of statements for accounts into which administered funds were deposited or from which payments were made (R. 74.18; common law; equity).

Order requiring production of cancelled cheques and deposit records: Requires production of records supporting payments, withdrawals, deposits, and transfers appearing or required to appear in the accounts (R. 74.18; common law; equity).

Order requiring production of investment statements: Requires disclosure of records concerning investment holdings, purchases, sales, income, gains, losses, and management fees (R. 74.18; common law; equity).

Order requiring production of invoices, receipts, and vouchers: Requires the fiduciary to produce documents supporting expenses, disbursements, reimbursements, and other amounts charged against the administered property (R. 74.18; common law; equity).

Order requiring production of tax returns and assessments: Requires disclosure of tax filings, assessments, reassessments, payments, refunds, and other tax records affecting the accounts (R. 74.18; common law; equity).

Order requiring production of agreements, transfers, and transaction records: Requires disclosure of documents supporting sales, purchases, loans, settlements, distributions, and other material dealings with the administered property (R. 74.18; common law; equity).

Order requiring production of records supporting compensation or expenses: Requires time records, invoices, descriptions of services, calculations, and other evidence supporting compensation or reimbursement claimed by the fiduciary (S. 40, SDA; S. 61, TA; R. 74.18).

Order requiring an affidavit explaining transactions or missing records: Requires the fiduciary to provide sworn evidence concerning questioned transactions, deficiencies in the accounts, or the absence of expected supporting documentation (R. 74.18; common law; equity).

Order requiring reconstruction of incomplete accounts: Requires the fiduciary to recreate the accounting record from available financial documents and other reliable evidence where complete contemporaneous records were not maintained (R. 74.17, 74.18; common law; equity).

Order directing an independent examination, audit, or review of the accounts: Requires qualified independent examination of the accounts or supporting records where necessary to identify, verify, or quantify material accounting issues (S. 97, CJA; common law; equity).

4. Passing and Approval of Accounts

Order passing the accounts: Judicially approves the accounts for the applicable period, subject to the terms and limitations of the judgment (R. 74.16–74.18).

Order passing accounts without a hearing: Approves the accounts through the prescribed uncontested procedure where no hearing is required (R. 74.18).

Order passing accounts following a hearing: Determines and approves the accounts after judicial consideration of the evidence, objections, and disputed issues (R. 74.18).

Order approving the transactions disclosed in the accounts: Approves the fiduciary’s properly disclosed receipts, disbursements, investments, distributions, and other transactions for the accounting period (R. 74.18; common law; equity).

Order approving specified parts or periods of the accounts: Grants approval limited to the transactions, property, or accounting periods identified in the judgment (R. 74.18; common law; equity).

Order approving the accounts subject to corrections or adjustments: Passes the accounts after requiring specified entries, balances, classifications, or calculations to be corrected (R. 74.18; common law; equity).

Order refusing to pass the accounts: Withholds judicial approval where the accounts are inaccurate, incomplete, unsupported, improperly prepared, or otherwise unsuitable for approval (R. 74.17, 74.18; common law; equity).

Order adjourning the passing of accounts pending further disclosure: Postpones determination of the accounts until required documents, explanations, corrections, or other evidence have been provided (R. 74.18).

Order directing the procedure for determining disputed accounting issues: Establishes the examinations, production, affidavits, expert evidence, hearing steps, or other procedures required to resolve contested matters (R. 74.18; S. 106, CJA).

Order directing the trial of an issue arising on the passing of accounts: Directs a disputed factual or legal issue to be determined through a trial where the application record is insufficient for its fair resolution (R. 38.10, 74.18).

5. Objections to Accounts

Order determining an objection to accounts: Adjudicates a properly raised objection to a receipt, disbursement, investment, allocation, transaction, compensation claim, or other aspect of the accounts (R. 74.18).

Declaration that a receipt, disbursement, investment, or transaction was unauthorized: Determines that the fiduciary acted without lawful authority under the governing instrument or applicable law (S. 97, CJA; common law; equity; terms).

Declaration that an expense was improperly charged: Determines that an expense was not properly incurred for the administration or should not have been paid from the administered property (S. 97, CJA; common law; equity).

Declaration that an amount was improperly allocated between capital and revenue: Determines that a receipt, expense, gain, or loss was recorded against the incorrect class of beneficiaries or property (S. 97, CJA; common law; equity; terms).

Declaration that the fiduciary failed to account for property or income: Determines that property, proceeds, income, or another receipt for which the fiduciary was responsible was omitted from the accounts (S. 97, CJA; common law; equity).

Declaration that the accounts contain an omission, duplication, or misstatement: Identifies an inaccurate or incomplete entry affecting the reliability or balance of the accounts (S. 97, CJA; common law; equity).

Order requiring further particulars concerning an objected-to transaction: Requires additional details and supporting information necessary to understand and determine the challenged entry (R. 74.18; common law; equity).

Order requiring amendment of the accounts: Requires the fiduciary to add, remove, reclassify, or correct entries in accordance with the court’s determination (R. 74.17, 74.18; common law; equity).

Order allowing an objection to accounts: Upholds an objection and grants the corresponding correction, disallowance, surcharge, compensation adjustment, or other accounting relief (R. 74.18; common law; equity).

Order dismissing an objection to accounts: Rejects an objection where the challenged conduct or entry has been sufficiently justified and properly accounted for (R. 74.18; common law; equity).

Order fixing the amount properly chargeable to the administered property: Determines the amount of an expense, liability, payment, or other charge that may properly be borne by the estate, trust, grantor, incapable person, or minor (R. 74.18; common law; equity).

6. Falsification, Surcharge, and Adjustment of Accounts

Order falsifying an improper entry: Removes or corrects an unauthorized, inaccurate, duplicated, or otherwise improper debit appearing in the accounts (common law; equity).

Order surcharging the fiduciary for an omitted receipt: Charges the fiduciary with money, property, income, or value that should have been received, preserved, or recorded in the accounts (common law; equity).

Order disallowing an unauthorized expenditure: Removes an expense from the accounts and prevents it from being charged against the administered property (common law; equity).

Order restoring an amount improperly deducted: Requires correction of the accounts to restore an amount improperly charged, paid, withdrawn, or deducted (common law; equity).

Order charging the fiduciary with property or income not properly accounted for: Adds the value of missing or omitted property, proceeds, or income to the amount for which the fiduciary is accountable (common law; equity).

Order correcting an improper allocation between income and capital: Reallocates a receipt, expense, gain, or loss to the proper accounting category and affected beneficial interests (common law; equity; terms).

Order adjusting the opening or closing balance: Corrects the property or value shown as received at the beginning of the accounting period or remaining at its conclusion (R. 74.17, 74.18; common law; equity).

Order requiring repayment of compensation taken without proper entitlement: Requires the fiduciary to restore compensation taken in excess of the amount authorized, approved, or allowed (S. 40, SDA; S. 61, TA; common law; equity).

Order fixing the financial adjustment resulting from an accounting breach: Determines the amount by which the accounts must be adjusted to reflect loss, unauthorized expenditure, omitted income, or another accounting deficiency (common law; equity).

Order awarding interest on an amount improperly retained or disbursed: Compensates the administered property for the period during which money or value was improperly withheld, used, or paid out (S. 128–130, CJA; common law; equity).

7. Fiduciary Compensation, Expenses, and Indemnification

Order fixing estate trustee compensation: Determines the fair and reasonable compensation payable for the estate trustee’s care, effort, time, responsibility, and administration of the estate (S. 61, TA; R. 74.18).

Order fixing trustee compensation: Determines the fair and reasonable compensation payable for the trustee’s administration of trust property (S. 61, TA; R. 74.16–74.18).

Order fixing attorney-for-property compensation: Determines the compensation properly payable to an attorney for managing the grantor’s property (S. 40, 42, SDA; R. 74.16–74.18).

Order fixing guardian-of-property compensation: Determines the compensation properly payable to a guardian for managing the incapable person’s property (S. 40, 42, SDA; R. 74.16–74.18).

Order approving compensation previously taken: Confirms that compensation already withdrawn or paid was authorized and reasonable in the circumstances (S. 40, SDA; S. 61, TA; R. 74.18).

Order increasing fiduciary compensation: Allows compensation exceeding the amount otherwise calculated where the nature, complexity, value, responsibility, or results of the administration justify an increase (S. 40, SDA; S. 61, TA; common law).

Order reducing fiduciary compensation: Reduces the compensation claimed or taken where the amount is excessive or the fiduciary’s conduct, delay, inefficiency, or performance warrants a reduction (S. 40, SDA; S. 61, TA; common law; equity).

Order denying fiduciary compensation: Denies compensation in whole or in part where the fiduciary’s conduct or performance makes an allowance inappropriate (S. 40, SDA; S. 61, TA; common law; equity).

Order requiring repayment of excessive compensation: Requires the fiduciary to return compensation taken beyond the amount approved or properly payable (S. 40, SDA; S. 61, TA; common law; equity).

Order determining compensation for care and management: Determines any additional allowance properly payable for the ongoing responsibility of managing administered property (S. 40, SDA; S. 61, TA; common law).

Order determining compensation for extraordinary services: Determines whether additional compensation should be allowed for services beyond those ordinarily required in the administration (S. 40, SDA; S. 61, TA; common law).

Order approving or disallowing legal fees and professional expenses: Determines whether legal, accounting, investment-management, valuation, or other professional expenses were reasonably incurred and properly payable from the administered property (R. 58.08, 74.18; common law; equity).

Order approving or disallowing fiduciary expenses and disbursements: Determines whether amounts claimed as reimbursement were reasonably and properly incurred in carrying out the fiduciary duties (R. 74.18; common law; equity).

Declaration concerning the fiduciary’s right of indemnity: Determines whether the fiduciary is entitled to reimbursement or indemnification from the administered property for a liability or expense properly incurred in the administration (S. 23.1, TA; common law; equity).

Order determining whether litigation costs are payable personally or from the administered property: Allocates the costs of the accounting proceeding according to the fiduciary’s conduct, the reasonableness of the proceeding, and the applicable costs principles (R. 57.01, 58.08; common law; equity).

8. Judgment, Discharge, and Consequential Accounting Relief

Judgment passing the accounts: Records the court’s approval and determination of the accounts, compensation, objections, costs, and other matters addressed in the accounting proceeding (R. 74.18).

Declaration that the fiduciary has satisfactorily accounted for the approved period: Confirms that the fiduciary has adequately disclosed and justified the administration covered by the judgment (S. 97, CJA; R. 74.18).

Order discharging the fiduciary from liability for matters fully and fairly disclosed and approved: Protects the fiduciary in relation to transactions and conduct properly disclosed to and determined by the court, subject to the terms of the judgment and applicable law (R. 74.18; common law; equity).

Order limiting the effect of approval where disclosure was incomplete or inaccurate: Preserves the ability to challenge matters affected by fraud, material non-disclosure, misrepresentation, or another legally sufficient ground for reopening the accounts (common law; equity).

Order fixing the balance payable by the fiduciary: Determines the amount that the fiduciary must restore or pay after all falsifications, surcharges, compensation adjustments, and other corrections have been made (R. 74.18; common law; equity).

Order fixing the balance payable to the fiduciary: Determines any properly incurred reimbursement, indemnity, compensation, or other amount owing to the fiduciary after the accounts are adjusted (R. 74.18; common law; equity).

Order requiring payment of an amount determined on the passing: Requires payment of the balance, adjustment, compensation repayment, costs, or other amount fixed through the accounting judgment (S. 97, CJA; R. 74.18; common law; equity).

Order requiring transfer or delivery of remaining property: Requires the fiduciary to transfer the property, records, and information remaining under administration to the successor fiduciary or persons entitled (S. 97, CJA; common law; equity).

Order requiring preparation of revised closing accounts: Requires the fiduciary to incorporate the court-ordered corrections and produce a final adjusted version of the accounts (R. 74.17, 74.18).

Order fixing the date for the next passing of accounts: Establishes the future date or accounting period for which the fiduciary must next submit accounts for judicial review (S. 42, SDA; R. 74.18; common law; equity).

Order granting consequential directions required to implement the accounting judgment: Provides any additional payment, transfer, correction, disclosure, security, or administrative direction necessary to give effect to the court’s determination (S. 97, CJA; R. 74.18; common law; equity).

1. Status as a Dependant

Declaration that a person is a dependant of the deceased: Determines that the person falls within a qualifying relationship and that the deceased was providing support or was under a legal obligation to provide support immediately before death (S. 57, SLRA).

Declaration that a person is not a dependant of the deceased: Determines that the person does not satisfy the relationship or support requirements necessary to qualify for relief under Part V of the legislation (S. 57, SLRA).

Declaration that a person qualifies as the deceased’s spouse: Determines that the person satisfies the definition of spouse applicable to a dependant-support claim (S. 57, SLRA).

Declaration that a person qualifies as the deceased’s child: Determines that the person falls within the statutory definition of child for the purpose of claiming dependant support (S. 57, SLRA).

Declaration that the deceased demonstrated a settled intention to treat a person as a child of the deceased’s family: Determines that the relationship between the deceased and the person brings the person within the applicable statutory definition of child (S. 57, SLRA).

Declaration that a person qualifies as the deceased’s parent: Determines that the person possesses the qualifying parental relationship and satisfies the applicable support requirement (S. 57, SLRA).

Declaration that a person qualifies as the deceased’s sibling: Determines that the person possesses the qualifying sibling relationship and satisfies the applicable support requirement (S. 57, SLRA).

Declaration that the deceased was providing support immediately before death: Determines that the deceased was providing financial, residential, educational, personal, or another legally recognized form of support to the claimant immediately before death (S. 57, SLRA).

Declaration that the deceased was under a legal obligation to provide support immediately before death: Determines that an enforceable statutory, contractual, or court-ordered support obligation existed at the time of death (S. 57, SLRA; FLA; terms).

2. Entitlement to Support

Declaration that the deceased failed to make adequate provision for the proper support of a dependant: Determines that the provision available to the dependant is insufficient when assessed in light of the circumstances required to be considered by the court (S. 58, 62, SLRA).

Declaration that the provision made by will is inadequate: Determines that the gift, trust, benefit, or other provision made for the dependant under the deceased’s will does not provide adequate and proper support (S. 58, 62, SLRA; terms).

Declaration that the provision arising on intestacy is inadequate: Determines that the dependant’s statutory intestate entitlement, including the absence of any entitlement, does not provide adequate and proper support (S. 58, 62, SLRA).

Declaration that provision made outside the estate is inadequate: Determines that insurance, jointly held property, beneficiary designations, pensions, contractual benefits, or other non-estate provision does not adequately satisfy the deceased’s support obligations (S. 58, 62, 72, SLRA).

Order requiring adequate provision for the proper support of a dependant: Requires support to be provided from the deceased’s estate in the amount, form, and duration the court considers appropriate (S. 58, 62, 63, SLRA).

Declaration that the deceased made adequate provision for the proper support of a dependant: Determines that the provision available to the dependant is sufficient and that no additional support order is required (S. 58, 62, SLRA).

Declaration concerning the deceased’s legal support obligations: Determines the nature and extent of the legally enforceable obligations owed by the deceased to the claimant immediately before death (S. 57, 58, 62, SLRA; FLA; terms).

Declaration concerning the deceased’s moral obligations: Determines the extent to which the deceased’s relationship, conduct, and responsibilities toward the dependant inform the assessment of adequate and proper support (S. 58, 62, SLRA; common law).

Order determining competing claims among dependants: Balances the needs, circumstances, legal claims, and moral claims of two or more persons seeking support from the estate (S. 58, 62, SLRA).

Order balancing a dependant’s claim against the interests of estate beneficiaries: Determines the appropriate support award after considering the dependant’s circumstances, the size of the estate, and the competing interests of the persons affected by the order (S. 58, 62, SLRA).

3. Preservation of the Estate and Interim Support

Order suspending the administration of the estate: Suspends all or part of the estate administration for the period and to the extent necessary to protect the dependant-support claim (S. 59, SLRA).

Order suspending distribution of the estate: Prevents the estate trustee from distributing estate property while the dependant-support claim remains unresolved (S. 59, 67, SLRA).

Order restraining distribution of specified estate property: Prevents identified money or property from being distributed or transferred pending determination of the claim (S. 59, 67, SLRA).

Order requiring estate property to be retained pending determination of the claim: Requires the estate trustee to preserve sufficient property to satisfy any support order that may ultimately be made (S. 59, 67, SLRA).

Interim order for dependant support: Provides temporary support where the applicant is in need of and entitled to support but the matters required for a final determination have not yet been fully ascertained (S. 64, SLRA).

Interim order for periodic support payments: Requires temporary recurring payments to address the dependant’s needs while the proceeding remains unresolved (S. 63, 64, SLRA).

Interim order for a lump-sum support payment: Requires a temporary lump-sum payment where that form of interim support is appropriate to the dependant’s immediate needs (S. 63, 64, SLRA).

Interim order requiring payment of housing, medical, educational, or living expenses: Requires payment of specified expenses necessary for the dependant’s immediate support pending final determination (S. 63, 64, SLRA).

Interim order concerning the use or occupation of estate property: Permits the dependant temporarily to possess, occupy, or use specified estate property as a form of interim support (S. 63, 64, SLRA).

Order imposing conditions upon interim support: Establishes restrictions, reporting requirements, payment arrangements, security, or other conditions governing the temporary support award (S. 63, 64, SLRA).

4. Amount and Duration of Support

Order fixing the amount of dependant support: Determines the monetary value of the provision required to provide adequate and proper support in all the circumstances (S. 58, 62, SLRA).

Order fixing the duration of dependant support: Determines whether support is payable for a specified period, for the dependant’s lifetime, until a specified event, or on another appropriate basis (S. 62, 63, SLRA).

Order determining the dependant’s present and future needs: Assesses the dependant’s current requirements and the needs reasonably expected to arise in the future (S. 62, SLRA).

Order determining the dependant’s present and future assets and means: Assesses the financial resources presently available to the dependant and those the dependant is likely to possess in the future (S. 62, SLRA).

Order determining the dependant’s capacity to contribute to their own support: Assesses the dependant’s earning capacity, employment circumstances, education, training, and other ability to provide for their needs (S. 62, SLRA).

Order accounting for the dependant’s age and physical and mental health: Determines how the dependant’s age, health, disability, care requirements, and related limitations affect the appropriate amount and duration of support (S. 62, SLRA).

Order accounting for the dependant’s accustomed standard of living: Determines the dependant’s needs with reference to the standard of living experienced during the deceased’s lifetime (S. 62, SLRA).

Order accounting for the size and nature of the deceased’s estate: Considers the value, liquidity, composition, liabilities, and distributive arrangements of the estate when determining the appropriate award (S. 62, SLRA).

Order accounting for the proximity and duration of the dependant’s relationship with the deceased: Determines how the nature and length of the relationship affect the deceased’s support obligations and the appropriate provision (S. 62, SLRA).

Order accounting for contributions made by the dependant: Considers contributions to the deceased’s welfare, property, business, career, family, or household when determining support (S. 62, SLRA).

Order accounting for benefits already received by the dependant: Considers gifts, transfers, insurance proceeds, pension benefits, jointly held property, contractual entitlements, and other benefits received from the deceased or the estate (S. 62, 72, SLRA).

Order accounting for agreements or waivers affecting support: Determines the relevance and weight of a domestic contract, separation agreement, release, waiver, or other agreement concerning the deceased’s support obligations (S. 62, 63, SLRA; terms).

Order accounting for the claims of other dependants and beneficiaries: Balances the claimant’s support requirements against the needs, circumstances, and legal interests of other persons affected by the estate (S. 62, SLRA).

5. Form and Terms of Support

Order for periodic support payments: Requires support to be paid in recurring instalments for the period specified by the court (S. 63, SLRA).

Order for annual support payments: Requires support to be paid as an annual sum for the duration and on the terms established by the court (S. 63, SLRA).

Order for a lump-sum support payment: Requires payment of a fixed capital amount in full or partial satisfaction of the dependant’s support entitlement (S. 63, SLRA).

Order requiring support to be paid from estate income: Directs that all or part of the support award be funded from income earned by estate property (S. 63, SLRA).

Order requiring support to be paid from estate capital: Directs that all or part of the support award be funded from the capital of the estate (S. 63, SLRA).

Order transferring specified property to the dependant: Requires identified estate property to be conveyed, assigned, or delivered to the dependant as part of the support award (S. 63, SLRA).

Order assigning property in trust for the dependant: Requires specified estate property to be held and administered on trust for the dependant’s support (S. 63, SLRA).

Order granting the dependant an absolute interest in property: Transfers full beneficial ownership of specified property to the dependant as provision for support (S. 63, SLRA).

Order granting the dependant a life interest in property: Grants the dependant the right to possess, use, or receive income from specified property for the dependant’s lifetime (S. 63, SLRA).

Order granting the dependant an interest for a term of years: Grants the dependant the right to possess, use, or receive income from specified property for a fixed period (S. 63, SLRA).

Order establishing a trust for the dependant: Establishes the property, trustees, powers, payment terms, duration, and remainder interests governing a support trust (S. 63, SLRA).

Order directing payment to another person or agency for the dependant’s benefit: Requires support money to be paid to a suitable person, institution, or agency responsible for applying it for the dependant’s benefit (S. 63, SLRA).

Order imposing conditions or restrictions upon support: Subjects the support award to terms concerning its use, administration, payment, review, security, or continuation (S. 63, SLRA).

Order requiring security for payment of support: Secures the support obligation through a charge, trust, insurance arrangement, or other protection against future non-payment (S. 63, 66, SLRA).

6. Incidence and Funding of Support

Order determining which part of the estate bears the support award: Determines the property, funds, gifts, or beneficial interests against which the support provision is charged (S. 68, 69, SLRA).

Order charging support against the whole estate: Requires the support award to be borne proportionately or otherwise by the estate as a whole (S. 68, 69, SLRA).

Order charging support against specified estate property: Directs that the support award be funded from identified money, investments, land, residue, or other estate assets (S. 68, 69, SLRA).

Order varying the incidence of support among estate assets: Alters the property or interests that would otherwise bear the burden of the support award (S. 68, 69, SLRA).

Order varying the effect of the support award upon beneficiaries: Determines how the award reduces or otherwise affects the respective gifts and entitlements of estate beneficiaries (S. 68, 69, SLRA).

Order reducing testamentary gifts to fund dependant support: Reduces one or more gifts under the will to the extent required to satisfy the support order (S. 68, 69, SLRA).

Order reducing intestate entitlements to fund dependant support: Reduces the shares otherwise distributable on intestacy to the extent required to satisfy the support order (S. 68, 69, SLRA).

Order preserving specified gifts while charging support against other property: Allocates the burden of support in a manner that protects identified gifts or beneficiaries where the court considers that allocation appropriate (S. 68, 69, SLRA).

Order directing realization of estate property to fund support: Requires estate property to be sold, converted, or otherwise realized to produce the money needed to satisfy the support award (S. 63, 68, 69, SLRA).

Order granting a charge against estate property: Secures payment of support by imposing a charge or other enforceable interest against specified estate property (S. 63, 66, 68, 69, SLRA).

Order determining priority between the support award and competing estate interests: Determines the relationship between the dependant’s support entitlement and the gifts, claims, or other interests affecting the estate property (S. 68, 69, SLRA).

7. Property Deemed Part of the Estate

Declaration that the capital value of a transaction is deemed part of the estate: Determines that the value of a transaction effected by the deceased is included in the estate for the purpose of satisfying a dependant-support award (S. 72, SLRA).

Declaration concerning jointly held property passing by survivorship: Determines whether and to what extent the value of property passing to a surviving joint owner is deemed part of the estate for dependant-support purposes (S. 72, SLRA).

Declaration concerning property subject to a beneficiary designation: Determines whether and to what extent the value of designated property or benefits is included in the deemed estate available for dependant support (S. 72, SLRA).

Declaration concerning life-insurance proceeds: Determines whether and to what extent insurance proceeds payable outside the estate are deemed part of the estate for the purpose of satisfying support (S. 72, SLRA).

Declaration concerning property transferred during the deceased’s lifetime: Determines whether and to what extent the value of a lifetime transfer is included in the deemed estate under the statutory criteria (S. 72, SLRA).

Declaration concerning a gift made in contemplation of death: Determines whether and to what extent the value of the gift is included in the deemed estate available for dependant support (S. 72, SLRA).

Declaration concerning property subject to a retained power of revocation or disposition: Determines whether property over which the deceased retained the applicable authority is included in the deemed estate (S. 72, SLRA).

Declaration concerning property subject to a power of appointment: Determines whether and to what extent property over which the deceased held the applicable power is included in the deemed estate (S. 72, SLRA).

Order determining the capital value of deemed estate property: Quantifies the amount attributed to a transaction, transfer, designation, policy, or other property interest for dependant-support purposes (S. 72, SLRA).

Order requiring a recipient of deemed estate property to contribute toward support: Requires a person who received property or value captured by the statutory deemed-estate provisions to contribute within the limits established by law (S. 72, SLRA).

Order enforcing a support award against deemed estate property: Permits the dependant to satisfy all or part of the support award from property or value included in the estate under the statutory provisions (S. 72, SLRA).

Order apportioning liability among recipients of deemed estate property: Determines the respective contributions required from two or more persons who received property or benefits captured by the statutory provisions (S. 72, SLRA).

Order granting consequential relief against a recipient of deemed estate property: Requires payment, transfer, security, accounting, or another step necessary to implement the recipient’s statutory contribution toward support (S. 72, SLRA).

8. Variation, Suspension, and Termination of Support

Order varying an existing dependant-support order: Changes the amount, duration, form, source, or conditions of support where the applicable requirements for further relief are satisfied (S. 65, 66, SLRA).

Order increasing dependant support: Increases the amount or value of support where the existing provision is no longer adequate in the circumstances (S. 65, 66, SLRA).

Order reducing dependant support: Reduces the amount or value of support where the circumstances no longer justify the existing level of provision (S. 65, 66, SLRA).

Order changing the form of dependant support: Replaces or restructures periodic payments, a lump sum, a property interest, a trust, or another form of support where legally appropriate (S. 63, 65, 66, SLRA).

Order varying the duration of dependant support: Extends, shortens, or otherwise changes the period during which the support provision remains effective (S. 65, 66, SLRA).

Order varying the conditions or restrictions governing support: Changes the payment terms, use restrictions, reporting obligations, security, or other conditions attached to the support award (S. 63, 65, 66, SLRA).

Order temporarily suspending dependant support: Pauses all or part of the support obligation for the period and on the conditions established by the court (S. 65, 66, SLRA).

Order terminating dependant support: Ends the support obligation where the circumstances and terms governing the award no longer justify its continuation (S. 65, 66, SLRA).

Declaration that a dependant-support obligation has ended: Confirms that the event, condition, or period governing the support award has resulted in its termination (S. 97, CJA; S. 63, 65, 66, SLRA).

Order varying or releasing security for dependant support: Changes or discharges a charge, trust, insurance arrangement, or other security where it is no longer required in its existing form (S. 65, 66, SLRA).

Order determining and enforcing arrears owing under a support order: Fixes the unpaid amount owing and directs its payment or enforcement against the property legally available to satisfy it (S. 65, 66, SLRA; common law; equity).

Order granting consequential directions following variation or termination: Provides any payment, transfer, release, accounting, security, or administrative direction necessary to implement the revised support arrangement (S. 65, 66, SLRA).