Sworn Declaration Of All Properties Of The Estate for Canada

Sworn Declaration Of All Properties Of The Estate Template for Canada

A comprehensive legal document used in Canadian estate administration that provides a detailed, sworn inventory of all assets and properties belonging to a deceased person's estate. This declaration, which must be sworn before a authorized official such as a Commissioner of Oaths, serves as an official record for probate purposes and estate administration. The document requires full disclosure of all assets including real property, financial accounts, investments, personal property, and business interests, along with their estimated values. It forms a crucial part of the estate administration process and may be required by courts, tax authorities, and other relevant parties.

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What is a Sworn Declaration Of All Properties Of The Estate?

The Sworn Declaration Of All Properties Of The Estate is a fundamental document in Canadian estate administration, required when managing and distributing a deceased person's assets. This declaration serves multiple purposes: it provides courts with a complete inventory of estate assets for probate purposes, helps determine estate tax obligations, and ensures transparency for beneficiaries. The document must include all categories of assets owned by the deceased at the time of death, including real estate, financial accounts, investments, personal property, and business interests. It must be sworn before an authorized official, making it a legally binding declaration. The document is typically prepared early in the estate administration process and may need to be updated if additional assets are discovered. Its format and requirements may vary slightly between provinces and territories, but the core elements remain consistent across Canadian jurisdictions.

What sections should be included in a Sworn Declaration Of All Properties Of The Estate?

1. Declaration Header: Formal opening stating this is a sworn declaration, including the jurisdiction and date

2. Declarant Information: Full legal name, address, and relationship to the deceased/estate

3. Deceased Information: Full legal name of deceased, last address, date of death, and death certificate reference

4. Authority Statement: Statement of declarant's authority to make the declaration (e.g., as executor, administrator)

5. Purpose Declaration: Statement of the purpose of the declaration and its intended use

6. Real Property: Details of all real estate owned by the deceased, including addresses, legal descriptions, and estimated values

7. Bank Accounts and Cash: Details of all bank accounts, cash, and monetary instruments

8. Investment Assets: Details of stocks, bonds, mutual funds, and other investment vehicles

9. Personal Property: Description and value of significant personal possessions, vehicles, jewelry, art, etc.

10. Business Interests: Details of any business ownership, partnerships, or shares in private companies

11. Insurance Policies: List of life insurance policies and their beneficiaries

12. Outstanding Debts: List of all known debts owed by the deceased

13. Verification Statement: Statement confirming the completeness and truthfulness of the declaration

14. Signature Block: Space for declarant's signature, witness/commissioner signature, and date

What sections are optional to include in a Sworn Declaration Of All Properties Of The Estate?

1. Digital Assets: Section detailing cryptocurrency, online accounts, and other digital assets, included when the deceased owned significant digital assets

2. Intellectual Property: Section covering patents, trademarks, copyrights, etc., included when the deceased owned intellectual property

3. Foreign Assets: Section detailing assets held in other countries, included when the deceased owned international assets

4. Trust Interests: Section describing any trust interests or trust assets, included when the deceased was involved in trusts

5. Contingent Interests: Section detailing any future or contingent interests, included when applicable

6. Agricultural Assets: Section for farm land, equipment, livestock, and quotas, included for estates with agricultural holdings

7. Pension and Retirement Accounts: Detailed section for retirement savings and pension benefits, included when applicable

What schedules should be included in a Sworn Declaration Of All Properties Of The Estate?

1. Schedule A - Real Property Details: Detailed listing of all real property including legal descriptions, title documents, and recent valuations

2. Schedule B - Financial Accounts: Comprehensive list of all bank accounts, investment accounts, and recent statements

3. Schedule C - Personal Property Inventory: Detailed inventory of significant personal property items with descriptions and valuations

4. Schedule D - Business Assets: Detailed documentation of business interests including valuations and ownership certificates

5. Schedule E - Supporting Documents: Copies of relevant certificates, titles, and other supporting documentation

6. Schedule F - Debt Documentation: Copies of mortgage statements, loan agreements, and other debt-related documents

7. Schedule G - Property Valuations: Professional appraisals and valuations of significant assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
Relevant Industries

Legal Services

Estate Administration

Financial Services

Real Estate

Banking

Insurance

Wealth Management

Public Administration

Notarial Services

Property Management

Relevant Teams

Legal

Estate Administration

Wealth Management

Property Services

Financial Advisory

Probate Administration

Trust Services

Document Processing

Client Services

Risk Management

Relevant Roles

Estate Lawyer

Probate Lawyer

Estate Administrator

Trust Officer

Financial Advisor

Wealth Manager

Estate Planner

Legal Assistant

Paralegal

Property Appraiser

Commissioner of Oaths

Notary Public

Bank Manager

Estate Accountant

Real Estate Lawyer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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