Form 65H – Affidavit of Administration with Will Annexed

Jurisdiction: Country: Canada | Province: Prince Edward Island

What is a Form 65H – Affidavit of Administration with Will Annexed?

Form 65H is the sworn affidavit you file to ask the Prince Edward Island court for a Grant of Administration with Will Annexed. You use it when there is a valid will, but no executor can or will act. The affidavit presents the essential facts the court needs before it issues the grant. It confirms the death, identifies the will, explains why an executor is not applying, and shows why you are entitled to administer the estate. The will is physically attached to your affidavit as an exhibit. The court relies on this document to decide if you should be appointed as the administrator with will annexed.

You use this form if the will names no executor, the named executor is deceased, has renounced, is incapable, or refuses to act. You also use it if the will names an executor who is underage, bankrupt, missing, or otherwise not fit to serve. In each case, the court appoints someone else to carry out the will. That person is the “administrator with will annexed.”

Typical users:

• A surviving spouse
• An adult child
• A residuary beneficiary
• A principal beneficiary named in the will

A lawyer or trust professional may prepare the affidavit for you, but you must swear or affirm it yourself. If more than one person applies jointly, each applicant must swear the form.

You need this form to unlock the legal authority to deal with estate assets in Prince Edward Island. Banks, the land registry, investment firms, and government bodies want to see the grant before they allow transfers. The grant confirms your appointment and your powers. Without it, you cannot sell, transfer, or distribute most estate property. The affidavit is the foundation of the grant process.

In practice, you will file Form 65H with other required documents. These include the original will and any codicils, proof of death, renunciations from named executors, consents where needed, and a bond if the court requires one. Each case is different, but the affidavit must tell a clear, complete story. It must show the court that a grant is necessary, that the will governs, and that you are the correct person to administer the estate.

Here is how it plays out. Your parent dies leaving a will that names your sibling as executor. Your sibling has since died. You are the residuary beneficiary. You complete Form 65H, attach the original will, and swear to the facts. You explain the executor’s death and your entitlement to administer. The court reviews your affidavit and issues a grant appointing you as administrator with the will annexed. You then use the grant to carry out the will.

When Would You Use a Form 65H – Affidavit of Administration with Will Annexed?

You use Form 65H when a will exists but probate by an executor is not possible. Think of cases where the will forgets to name an executor. You may also see a named executor who refuses the role and signs a renunciation. Sometimes the executor lives outside Canada and declines to act. In other files, the executor is incapable due to illness, or is a minor at the time of death. The court cannot appoint someone who cannot serve, so it looks to a suitable administrator.

You also use this form if the executor dies before taking out the grant, or dies after a grant but before finishing administration. In the latter case, a further grant may be required to complete the work under the will. If a corporate executor no longer exists or refuses to accept the appointment, the same process applies. The will still governs the estate, but someone else must carry out the instructions.

If the will has a residuary clause, the residuary beneficiary often applies. If not, a principal beneficiary or a person with a substantial interest may apply. A surviving spouse is a common applicant. An adult child is also typical. A professional fiduciary may apply with beneficiary support. If there are competing interests, the court may prefer the person with the largest stake under the will. The key is suitability, availability, and priority under estate law.

You may also use this form when the deceased owned land or accounts in Prince Edward Island but lived elsewhere. If no foreign grant exists, a local grant of administration with the will annexed may be appropriate. You would swear Form 65H to establish the will’s presence, your entitlement, and the need for a local grant. If a foreign grant exists, a different process may apply, but Form 65H remains the core affidavit for original local grants when no executor applies.

If a beneficiary is a minor or incapable, the court will pay close attention to protections. It may require a bond and notice to the appropriate public office. Your affidavit must address these facts. It should also confirm that a careful search for later wills and codicils has been done. The court wants assurance that the attached will is the last will and governs the estate.

Legal Characteristics of the Form 65H – Affidavit of Administration with Will Annexed

Form 65H is a sworn affidavit. It is legally binding because you make statements under oath or solemn affirmation. You sign in front of a commissioner for oaths, notary public, or other authorized officer. The officer completes the jurat at the end of the affidavit. False statements can attract serious consequences, including perjury charges and costs orders. The court relies on your affidavit as evidence. That is why accuracy and completeness matter.

The affidavit supports an application under the province’s estate procedures. It is not the grant itself. It is the evidence that the court registrar or judge reviews to decide if a grant should issue. Enforceability comes from the oath, the proper form of the jurat, and strict exhibit handling. The original will must be attached and marked as an exhibit. Each annexure must be identified and tied to your sworn statements. The dates and names must align across all documents. Any renunciations must be signed by the named executors and filed with your affidavit. Any consents from persons with equal or prior rights should also be included. If a bond is required, you must provide it in the form and amount the court accepts.

The court looks for several legal assurances in your affidavit. It wants proof of death through a death certificate or similar record. It wants confirmation that the will appears valid on its face and that it was not revoked. It wants details on codicils and whether any exist. It wants a clear explanation of why an executor is not applying. It wants your relationship to the deceased and a statement of your entitlement to administer. It wants to know whether minors or incapable beneficiaries could be affected. It may look for a summary of the estate nature and value to assess bond needs.

There are additional legal considerations. As administrator with the will annexed, you must follow the will. You do not gain broader powers than the executor would have had. Your authority arises on the grant, not on death. You must protect assets, pay debts, and distribute according to the will. You should keep careful accounts. If you live outside Prince Edward Island, the court may require a local agent for service. If the will restricts sales, you must respect those restrictions unless the court orders otherwise. If the will provides for a bond waiver, note that in your affidavit, but understand the court may still require security if risks exist. If anyone with equal or prior right objects, the court can set a hearing. Clear, candid affidavits reduce delay.

How to Fill Out a Form 65H – Affidavit of Administration with Will Annexed

1) Set up the court heading.

• Use the proper court name and file number space. Leave the number blank if not assigned.
• Insert the style of cause using the deceased’s full legal name and any known aliases.
• Use the exact spelling from the death certificate and the will.

2) Identify yourself as the applicant.

• State your full name, occupation, and residential address. Use a physical address, not a P.O. box.
• If there are co‑applicants, list each with the same details.
• State your relationship to the deceased, such as spouse, child, or beneficiary.

3) Confirm the death details.

• Provide the deceased’s date of death, place of death, and last residence.
• Attach a death certificate as an exhibit if the form or registry requires it.
• Ensure the date of death in your affidavit matches the certificate.

4) Describe the will and codicils.

• State the date of the will and identify any codicils with dates.
• Affirm that the attached document is the original last will and any codicils.
• Mark the will as Exhibit “A” and each codicil as separate exhibits, if any.
• Initial each page of the will and codicils when you and the officer mark exhibits.

5) Explain why no executor is applying.

• State whether the will names an executor. If it does not, say so plainly.
• If an executor is named, state why that person is not applying: death, renunciation, incapacity, refusal, or other reason.
• Attach renunciations or proof of death for a named executor as exhibits.
• If the executor cannot be found, describe the search efforts you made.

6) Establish your entitlement to administer.

• Explain why you are the proper person to be appointed.
• Refer to your status under the will, such as residuary beneficiary or principal beneficiary.
• If others have equal or prior rights, state whether they consent or renounce. Attach those documents.
• If there is a contest, say that none is known or describe any known dispute.

7) Summarize estate assets and debts.

• Provide a brief description of the estate’s nature and approximate value, including land, accounts, and personal property.
• Identify known debts, taxes, or obligations that must be paid.
• If a separate affidavit of value is required, prepare and reference it. Keep your numbers consistent across documents.

8) Address minors and incapable beneficiaries.

• State whether any beneficiaries are minors or lack capacity.
• Identify any guardians or attorneys acting for such persons.
• Confirm that appropriate notices have been or will be given as required.
• Acknowledge that a bond may be necessary in these circumstances.

9) Deal with bonds and security.

• State whether the will waives the bond for personal representatives.
• If you ask the court to dispense with a bond, give reasons, such as unanimous adult beneficiary consent and modest estate value.
• If a bond is required, arrange the surety and complete the bond form. Align the bond amount with the estate value as directed by the court.

10) Confirm the will’s status and searches.

• Declare that you made a diligent search for later wills or codicils and found none.
• Confirm that, to your knowledge, the will was not revoked or altered after execution.
• State where the will was kept and how you obtained it, if known.

11) State your readiness to administer.

• Affirm your understanding of your duties to collect assets, pay debts, and distribute under the will.
• Confirm that you will keep records and file accounts if required.
• If you live outside Prince Edward Island, acknowledge that you will maintain an address for service in the province, if needed.

12) Attach and mark exhibits correctly.

• Attach the original will. Do not remove staples or alter its condition.
• Use exhibit stamps or headings that identify each exhibit by letter and describe it briefly.
• Ensure the commissioner or notary signs each exhibit page where required.
• Keep exhibit letters consistent with your references in the affidavit.

13) Review for consistency and completeness.

• Check all names, dates, and addresses for consistent spelling and format.
• Ensure the deceased’s name matches across the will, death certificate, and affidavit.
• Cross‑reference the will date with the exhibit letter used.
• Confirm that every statement in the affidavit is supported by an exhibit or clear fact.

14) Sign and swear or affirm.

• Only sign in front of a commissioner for oaths, notary public, or other authorized officer.
• Bring government‑issued ID to the appointment.
• The officer will administer the oath or affirmation and complete the jurat with date and location.
• If multiple applicants, each must sign and swear in the officer’s presence.

15) Prepare the filing package.

• Include Form 65H with exhibits, the original will and codicils, proof of death, renunciations, consents, any required bond, and any inventory or value affidavit.
• Insert tabs or exhibit sheets so the registrar can locate documents easily.
• Keep a complete copy for your records, including clear copies of the will.

16) File and follow up.

• File your package with the Probate section of the court in Prince Edward Island.
• Pay the filing fee. Confirm accepted payment methods before you attend.
• If the court requests corrections or additional documents, respond promptly.
• Do not distribute assets until the grant issues and debts and taxes are addressed.

17) Common drafting tips that prevent delays.

• Use full legal names, not nicknames. Include any known aliases in brackets.
• Use dates in a clear format and keep them consistent throughout.
• Avoid blanks. If a section does not apply, state “Not applicable.”
• If the will is not in English, include a certified translation and say so in the affidavit.
• If a page correction is necessary, draw a single line through the error, write the correction, and have both you and the officer initial it.

18) Handling special situations.

• If the original will is damaged or altered, describe its condition and how it came to you.
• If you only have a copy, explain why the original is unavailable and what searches you conducted. Be prepared for stricter scrutiny.
• If assets exist outside Prince Edward Island, note this. A separate grant may be needed in other places.
• If litigation about the will is expected, state any known claim or caveat and proceed with caution.

19) After the grant issues.

• Use certified copies of the grant to deal with banks and land records.
• Safeguard the original grant. Order extra certified copies if you expect many institutions.
• Keep estate accounts from the start. Record all receipts and disbursements.
• Distribute only after debts, taxes, and holdbacks are settled. Follow the will’s instructions exactly.

Form 65H is the backbone of your application when no executor can act. Treat it as a clear, complete, and honest narrative. Attach the will, explain the gap in executorship, and show why you are the right person to serve. If you prepare carefully, you reduce questions from the court and shorten the time to your grant.

Legal Terms You Might Encounter

• Administrator with will annexed (sometimes written “administrator c.t.a.”). This is the person the court appoints to administer an estate when there is a valid will but no executor can act. In Form 65H, you identify yourself as this administrator and confirm why you’re entitled to take the role.
• Letters of administration with will annexed. This is the court’s official grant authorizing you to act under the will. Your Form 65H supports the court’s decision to issue these letters by setting out key facts.
• Affidavit. An affidavit is a sworn statement of facts. Form 65H is an affidavit you sign under oath, so everything in it must be accurate and complete.
• Deponent. The deponent is the person swearing the affidavit. In this form, you are the deponent, and you swear that the information about the deceased, the will, and your eligibility is true.
• Renunciation. A renunciation is a written statement where a named executor gives up the right to act. If the will names executors who cannot or will not act, Form 65H often refers to their renunciations, which you attach or describe.
• Consent. A consent is a signed agreement from an interested person confirming they do not object to your appointment. Your affidavit may state that you have obtained consents from beneficiaries, especially if you are not first in line to apply.
• Bond (or surety bond). A bond is a financial guarantee that protects the estate if the administrator mishandles assets. In Form 65H, you may confirm whether a bond is required or requested to be dispensed with, and you may reference any bond you will file.
• Codicil. A codicil is a document that amends a will. If codicils exist, you identify and attach them with the will and refer to them in the affidavit.
• Residuary beneficiary. This person receives the “residue,” or what remains after debts, taxes, and specific gifts. Your affidavit may identify residuary beneficiaries because their rights can affect who should administer the estate and who should consent.
• Domicile. Domicile is the deceased’s permanent home at death. Form 65H asks for this because domicile affects the court’s authority to grant administration with will annexed.

FAQs

Do you use this form when there is a will but no executor can act?

Yes. You use this affidavit when a valid will exists, but the named executors have died, refuse to act, are incapable, or lack priority. The court uses your sworn facts to appoint you as administrator with the will attached.

Do you need the original will to file this affidavit?

Yes, you typically need the original will and any codicils. If the original is missing, you generally need extra evidence explaining the loss and proving the content. Expect more scrutiny if you rely on a copy.

Do you need renunciations from named executors?

Usually yes, if any named executor is alive and capable but does not wish to act. Attach renunciations to show the court why you, rather than the named executor, should receive the grant.

Do beneficiaries need to consent to your appointment?

Sometimes. If your priority is not obvious, or if there are equal-ranking applicants, consents help avoid objections. Your affidavit should state that you have the required consents or explain why they are not needed.

Do you need a bond, and how do you address it in the affidavit?

A bond may be required, especially if you are not a resident or the will waives executor bonds only for named executors. In your affidavit, you can confirm whether a bond is provided or request that it be waived, with reasons.

Do you list estate values in this affidavit?

You often state a reasonable estimate of the estate’s value. Courts use this to assess fees and bond amounts. Be conservative and support your estimate with available records, noting that values may be updated later.

What if you discover a newer will after filing Form 65H?

Stop and tell the court immediately. A later will can revoke earlier documents. You may need to amend your application or withdraw and reapply based on the newer will.

Can you correct errors after you file?

Yes. You can usually fix non-substantive errors with a corrected or supplementary affidavit. For material errors, expect to re-swear documents and file an amended application.

Checklist: Before, During, and After the Form 65H – Affidavit of Administration with Will Annexed

Before signing

• Original will and any codicils.
• Death certificate or proof of death.
• List of all named executors and their status (deceased, renounced, incapable, unwilling).
• Signed renunciations from any living, capable executors who are not applying.
• Consents from beneficiaries or others with equal or higher priority, if needed.
• Contact details and addresses of all beneficiaries and potential heirs.
• Preliminary asset inventory and estimated values (bank accounts, investments, real estate, vehicles, personal property, business interests).
• Known debts and liabilities (loans, taxes, final expenses).
• Proof of your relationship to the deceased, if relevant.
• Identification and contact details for you (and any co-applicant).
• Information about minors or incapable beneficiaries and any guardians or representatives.
• Bond information, including proposed sureties if required.
• Any prior grants in other places, if the deceased had assets outside the province.

During signing

• Verify the deceased’s full legal name, aliases, and date of death.
• Confirm the deceased’s domicile at death.
• Check the will date and identify any codicils.
• Ensure executor renunciations are referenced and attached.
• State clearly your entitlement to apply and any needed consents.
• Review asset value estimates for consistency and reasonableness.
• Confirm whether a bond is required or waived, and reference it.
• Number and label exhibits (will, codicils, renunciations, consents, bond).
• Sign only in front of a person authorized to take oaths.
• Ensure the jurat (the oath statement) contains the correct date and location.

After signing

• Assemble the full application package, including Form 65H and all exhibits.
• Include any required companion forms, draft grant, and fee payment.
• File with the probate registry that handles the deceased’s domicile.
• Request the number of certified copies you will need.
• Keep a complete copy of everything you filed.
• Set up an estate record-keeping system for receipts, disbursements, and correspondence.
• Notify beneficiaries and relevant parties that an application has been filed.
• Secure estate assets and forward mail.
• Consider publishing a notice to creditors before making distributions.
• Store the sealed grant and original filed documents in a safe place.

Common Mistakes to Avoid

• Not attaching the original will or all codicils.
• Consequence: The court may reject or delay the application. Don’t forget to attach every testamentary document and label exhibits clearly.
• Failing to obtain renunciations from named executors.
• Consequence: The court can refuse your appointment. Don’t forget to collect and file renunciations for any living, capable executor who will not act.
• Undervaluing or overvaluing the estate without support.
• Consequence: Incorrect fees, bond amounts, and future corrections. Don’t guess—use account statements, tax assessments, and appraisals where available.
• Using incorrect names or missing aliases.
• Consequence: Problems accessing assets and enforcing the grant. Don’t forget to list the deceased’s full legal name and any known variations.
• Improper swearing of the affidavit.
• Consequence: The court may require re-swearing or reject the filing. Don’t sign until you are before an authorized official, and ensure the jurat is complete.

What to Do After Filling Out the Form

1. File your package.
2. Submit Form 65H with the will, any codicils, renunciations, consents, bond, and related application forms. Pay the filing fee. Ask for certified copies of the grant you will need for banks, land, and investment firms.
3. Monitor the application.
4. Track your file and respond quickly to any requisitions or questions from the registry. If the court requests clarification, file a supplementary affidavit or corrected document promptly.
5. Receive the grant of administration with will annexed.
6. Once the court issues the grant, you have legal authority to act under the will’s terms. Keep several certified copies for institutions that require them.
7. Open the estate account and collect assets.
8. Open a separate estate bank account. Redirect income to the estate. Provide certified copies of the grant to financial institutions and transfer or close accounts as needed.
9. Secure property and document everything.
10. Take control of real estate, vehicles, valuables, and digital assets. Keep detailed receipts and a running ledger of all estate transactions.
11. Deal with debts and taxes before distribution.
12. Identify creditors, review claims, and pay valid debts in the correct order. File final and any required prior-year tax returns. Hold back a reserve for taxes and administration costs.
13. Communicate with beneficiaries.
14. Provide clear updates about timing, asset sales, and expected distributions. Share inventory and accounting information as the process progresses.
15. Consider a notice to creditors.
16. Publishing a notice can limit your liability for unknown claims. Wait the required period before making final distributions.
17. Make interim distributions cautiously.
18. Only distribute early if the estate has ample liquidity after holdbacks. Document every payment and obtain receipts.
19. Prepare the final accounting.
20. When all debts and taxes are settled, prepare a comprehensive accounting. Include all money in and out, with supporting records and valuations.
21. Obtain releases or approval.
22. Before final payouts, get written releases from beneficiaries or seek court approval of your accounts if needed. Keep the signed releases with the estate records.
23. Address amendments or new information.
24. If you uncover a significant error or a later will, notify the court. File an amended or supplementary affidavit, or apply to revoke and reissue the grant if necessary.
25. Close the estate.
26. Make final distributions per the will. Transfer any specific gifts and deliver statements to beneficiaries. Close the estate account after all cheques clear, and store your grant, accounts, and releases securely.