Form 65T – Affidavit of Justification by Sureties

Jurisdiction: Country: Canada | Province/State: Prince Edward Island

What is a Form 65T – Affidavit of Justification by Sureties?

Form 65T is a sworn statement a proposed surety files with the court to prove they are financially able to stand behind a bond. In Prince Edward Island, you use this affidavit when the court requires one or more individuals to act as sureties for a bond in a court matter. The affidavit explains who the surety is, where they live, what they own, what they owe, and confirms their net worth is sufficient for the bond.

A “surety” is a person who promises to pay if the principal party does not meet a legal obligation. The obligation might be to administer an estate, manage a minor’s funds, return seized property, or pay costs on appeal. The bond sets a dollar limit on the surety’s risk. The affidavit of justification is the court’s way of testing that the surety can pay, if needed.

Who typically uses this form?

Individuals who agree to act as sureties in court proceedings. In practice, you see family members, colleagues, or community members step in as sureties for probate and guardianship bonds. You also see business owners, directors, or associates act as sureties in litigation bonds when a company cannot use a corporate surety. Lawyers often prepare the form, but the surety must swear or affirm it.

Why would you need this form?

Because the court will not accept an individual surety unless the surety proves financial capacity on oath. The affidavit is how you demonstrate that capacity. Without it, the registrar or judge may reject the bond, delay your application, or require a commercial surety instead.

Typical usage scenarios include:

• Probate and estate administration. If you apply for a grant of administration (with no will), the court may require a bond. Your sureties each swear a Form 65T to justify the bond. The same can apply for an executor who lives outside the province or when a will waives a bond but the court still wants protection.
• Guardianship or trusteeship. If you are appointed to manage property for a minor or an incapable adult, the court may require a bond. Each individual surety must justify by affidavit so the court can rely on their assets if there is a loss.
• Litigation bonds. If you seek a replevin order to recover goods before trial, you may need a bond. If you appeal and want to stay enforcement, you may need an appeal bond. If the court orders security for costs, a bond may be an option. In each case, a Form 65T from each individual surety helps the court accept the bond.
• Injunction undertakings supported by sureties. If the court requires your undertaking to be backed by sureties, those people must justify their ability to cover potential damages.

This form is not for corporate surety companies. If you use a licensed surety company, it will issue its own bond documents and power of attorney. Form 65T is designed for private individuals who are acting as sureties.

When Would You Use a Form 65T – Affidavit of Justification by Sureties?

You use Form 65T when the court requires a bond supported by one or more individual sureties and you need to prove the sureties’ net worth. If you are applying for a grant of administration in an estate and the court requires a bond, your two sureties each swear a Form 65T. If you are appointed as guardian of property for a minor and the order requires a bond, your sureties justify in the same way. If you are a litigant seeking a pre-judgment remedy that needs a bond, your proposed sureties will complete Form 65T so the registrar can assess their sufficiency.

Consider a practical estate example. You apply to administer your late parent’s estate. The estate has a home, a vehicle, and bank funds. The registrar sets a bond amount to protect the beneficiaries and creditors. Two relatives agree to be sureties. Each relative completes a Form 65T listing their real estate, bank balances, investments, and debts. They swear the affidavit before a commissioner for oaths. The registrar reviews their net worth and, if satisfied, accepts the bond.

Consider a litigation scenario. You want to replevy equipment your supplier is holding. The court orders you to post a bond to cover potential damages if you are wrong. You do not have a corporate surety. Two business associates agree to stand as sureties. They each file a Form 65T. The court reviews the affidavits, confirms the associates are resident, and confirms their assets exceed debts by enough to cover the bond.

Typical users:

• Executors or administrators.
• Proposed guardians or trustees of property.
• Small business owners engaged in civil disputes.
• Appellants seeking a stay with security.

Landlords and tenants rarely use individual surety bonds in routine residential rental matters. In contrast, probate applicants and civil litigants are the most frequent users in Prince Edward Island’s Supreme Court.

Legal Characteristics of the Form 65T – Affidavit of Justification by Sureties

Form 65T is a sworn or affirmed affidavit. It is legally binding because you make statements of fact under oath before a person authorized to take affidavits in Prince Edward Island. That includes a notary public, a commissioner for oaths, or another authorized official. When you swear or affirm, you attest the contents are true to the best of your knowledge and belief. False statements can lead to perjury charges and civil consequences.

The affidavit supports a bond, which is a contract enforceable by the court. The bond names the principal (the person with the obligation), the sureties, and the penal sum. If the principal defaults and the court declares the bond forfeited, the sureties must pay up to the penal sum. The court may enter judgment against the sureties based on the bond. The Form 65T makes that enforcement practical, because it ensures the sureties have the financial capacity to satisfy the bond if called upon.

Enforceability rests on several features. The affidavit is properly commissioned, dated, and signed. The surety provides a clear statement of assets and liabilities, with enough detail for review. The surety confirms they are not indemnified or secured against loss by the principal, because an indemnified surety may not be acceptable. The assets identified are realizable, not speculative. Real property is listed with legal descriptions and encumbrances. Bank and investment holdings are current. Debts are complete. The net worth statement shows value after debts and exempt property. The affidavit is recent, typically made close to the date of filing, so the court can rely on it.

Courts in Prince Edward Island often prefer sureties who are adult residents of the province with assets within the province. Local assets are easier to realize if enforcement is needed. If a surety’s assets are outside the province, the court may still accept them, but you should expect questions. Many registrars prefer two individual sureties and expect each to be worth at least half of the bond amount after debts and exemptions. While the court can waive or vary that practice, you should plan to meet it unless told otherwise.

Conflicts of interest matter. A surety should not be a minor, should not be bankrupt, and should not have a material conflict that undermines their independence. A spouse of the principal may not be acceptable in some contexts. If you rely on real property, disclose any co-ownership and mortgages. If you rely on business interests, explain how you valued them and whether they are encumbered. The registrar may ask for proof, such as tax bills, bank statements, land titles, mortgage statements, or appraisal letters.

Once filed and accepted, the affidavit and bond are part of the court record in your proceeding. If a claim against the bond later arises, the court will refer to the affidavit to assess whether there was misrepresentation. If the affidavit was misleading, the surety may face separate consequences beyond the bond itself.

How to Fill Out a Form 65T – Affidavit of Justification by Sureties

Follow these steps to complete and file the affidavit correctly. Plan to prepare one separate affidavit for each surety.

1) Identify the proceeding and bond

• Obtain the exact court file name and number. If this is a probate matter, use the estate name as styled by the registry. If this is a civil action, use the style of cause from your pleadings.
• Confirm the bond type and penal sum. For estates, this is set by the registrar. For litigation, it is set by court order. Record the amount accurately. The penal sum is the maximum liability of each surety under the bond, subject to the terms of the bond.
• Confirm how many sureties are required. Two individual sureties are standard when not using a corporate surety.

2) Gather each surety’s identification details

• Full legal name as it appears on government ID.
• Residential address in Prince Edward Island, if applicable. Include mailing address if different.
• Occupation or source of income. If retired, state “retired” and the former occupation.
• Contact information, though not all versions of the form require phone or email.
• Confirmation of age of majority and capacity. The surety must be an adult and capable of understanding the obligation.

3) Prepare the assets and liabilities summary

• Real property. List each property with civic address and legal description (PID if known). State the type of ownership (sole or joint) and your percentage interest. Provide a fair market value estimate and the current mortgage balance and any other registered encumbrances. State the net equity.
• Bank accounts. List institutions and account types with current balances. You do not need full account numbers. Use recent statements to confirm amounts.
• Investments. List non-registered investments, TFSAs, RRSPs, GICs, or other securities. Provide current value. If pledged as collateral, disclose that.
• Vehicles and equipment. List make, model, year, and estimated resale value. Note any liens.
• Business interests. Describe the interest (shares, partnership interest, proprietorship assets) and a conservative value. Disclose if there are security interests against business assets.
• Other assets. Include cash on hand, valuable collectibles, or other items with realizable value.
• Debts and liabilities. List credit cards, lines of credit, personal loans, mortgages, tax arrears, support obligations, and contingent liabilities. Provide balances and monthly payment amounts where helpful.
• Exempt property. Note items that are exempt from seizure by law, if any. Exempt assets do not count toward net worth for justification.

4) Calculate net worth for bond purposes

• Add up realizable asset values.
• Subtract all debts, liens, and encumbrances.
• Exclude exempt property from the net figure.
• Confirm the remainder meets the expected threshold. As a practical guide, plan for each surety’s net worth to equal at least half of the bond amount. If a single surety will cover the full amount, explain that in the affidavit.

5) Draft the affidavit statements

A typical Form 65T contains statements like these:

• You are a named surety in the bond for the identified proceeding and penal sum.
• You reside at a specified address and are of full age.
• You are worth a specified net amount over and above your debts and property exempt from seizure.
• You are not indemnified or protected by the principal or anyone else for acting as surety.
• Your assets and liabilities are set out in attached schedules, which you have reviewed and believe to be accurate.
• Your assets are not already pledged to other obligations beyond what is disclosed.
• You understand the obligations of a surety and that judgment may be entered against you up to the penal sum if the principal defaults and the court orders it.

Keep sentences simple and factual. Avoid estimates that you cannot support. If a value is an estimate, state that it is your good-faith estimate based on recent market information.

6) Attach clear schedules

Create simple schedules and label them.

• Schedule A – Real Property. For each property, set out address, legal description, ownership type, estimated market value, mortgage holder, and balance.
• Schedule B – Personal Property and Investments. List bank accounts, investments, vehicles, and other property with values and any liens.
• Schedule C – Debts and Liabilities. List all obligations with creditor names and current balances.
• Schedule D – Supporting Documents (optional for filing). You can reference that you hold supporting documents. Only attach copies if the registrar has asked. Keep originals available for review.

7) Confirm residency and accessibility of assets

If most assets are in Prince Edward Island, say so. If some are elsewhere in Canada, note that they are readily realizable. If a major asset is outside Canada, be prepared for scrutiny. The registrar may prefer assets within the province.

8) Execution before an authorized official

• Do not sign until you are in front of a commissioner for oaths, notary public, or other authorized person in Prince Edward Island. Bring government-issued photo ID.
• Choose to swear an oath or affirm. If you affirm, the jurat will reflect affirmation.
• The official will ask if you have read and understand the affidavit and if its contents are true.
• Sign each page if required, and initial changes. The official will complete the jurat with the place, date, and their authority.
• If you made changes after signing, re-execute. Do not alter a sworn affidavit without proper re-swearing.

9) Timing and freshness

Affidavits should be recent. Aim to swear within 30 days of filing the bond, unless the registrar directs otherwise. Values change. Old affidavits may be rejected.

10) File and submit for review

• File the bond and all surety affidavits together with the court registry handling your matter. If this is an estate, file with the probate registry of the Supreme Court of Prince Edward Island. If this is a civil matter, file with the civil registry for your file.
• Pay any filing fee if applicable. Your bond may need to be approved by the registrar before your application proceeds.
• Be available to answer questions. The registrar may request updated statements or proof of values. Provide documents promptly.

11) Common pitfalls to avoid

• Understating debts or omitting liabilities. Include all obligations, even contingent ones.
• Overstating real estate values. Use conservative market estimates. If in doubt, obtain a realtor letter or appraisal.
• Ignoring encumbrances. Disclose all mortgages, liens, and security interests.
• Relying on exempt or illiquid assets. If an asset is exempt or very hard to sell, do not count on it to justify your bond.
• Using indemnified sureties. A surety who is reimbursed by the principal may not be acceptable.

12) If you cannot find two adequate sureties

If you cannot secure two individual sureties with sufficient net worth, consider a corporate surety bond from a licensed bonding company. Expect underwriting, a premium, and collateral in some cases. This route avoids the need for Form 65T because the company’s financial standing replaces individual justification.

13) After filing and acceptance

Keep a copy of the sworn affidavit and the bond. Do not dispose of assets you relied on without understanding the risk. While the affidavit does not prevent you from dealing with your property, you remain at risk if the bond is called. If your circumstances change materially before the court approves the bond, tell your lawyer and the registry. The registrar may require an updated affidavit.

14) If a claim against the bond arises

If the court makes a call on the bond, you may receive notice to pay. You can respond and make submissions, but you should expect the court to enforce the bond according to its terms. The Form 65T does not provide defences. It confirms your capacity. Your best protection is careful performance by the principal and prompt reporting of issues.

By preparing a complete and honest Form 65T, you help the court approve your bond without delay. Focus on clarity, accuracy, and recent financial data. If you are unsure about whether a specific asset or liability should be listed, include it and explain it briefly. The registrar’s priority is to confirm that, if the bond is called, the sureties have the means to pay.

Legal Terms You Might Encounter

• Surety means the person who promises to pay if the principal does not. In this form, you swear that you have enough assets to back that promise. You also confirm that you understand your risk if the bond is called in.
• Principal is the person who benefits from the bond or recognizance. They are usually the party required to give security. Your affidavit supports their bond by proving your financial capacity.
• Bond or recognizance is the promise to the court that money will be paid if conditions are breached. The affidavit of justification shows that the people backing that promise can cover the amount. The bond is separate from this affidavit, but they work together.
• Affidavit is a sworn written statement of facts. You sign the affidavit before an authorized official. When you sign Form 65T, you swear that your asset and debt details are true. False statements can lead to penalties.
• Justification means you prove you are suitable to act as a surety. You do this by listing assets, debts, income, and liabilities. You also confirm your net worth is sufficient for the bond amount. The court relies on this proof.
• Net worth is the value of your assets minus your debts. The court looks at your net worth to judge if you can cover the bond. In the form, you show your net worth with clear figures and documents.
• Encumbrance is any claim or lien on property. Mortgages, car loans, and tax liens are encumbrances. You must disclose all encumbrances on assets you list. Failure to disclose can invalidate your affidavit.
• Equity is the net value you have in an asset after debts against it. For a home, it is the market value minus the mortgage and liens. The court reviews your equity, not the full property value, to assess your capacity.
• Joint ownership means you share an asset with someone else. Joint assets may not count in full. In the form, state your share and any co-owner’s interest. You should be clear about whether a spouse or partner has rights.
• Joint and several liability means each surety can be responsible for the full bond. This can apply when multiple sureties sign. You may be pursued for the entire amount if others cannot pay. Understand this risk before you sign.
• Execution or enforcement means steps taken to collect if the bond is forfeited. Your assets listed in the affidavit can be targeted. The court can allow collection against sureties if conditions are breached.
• Commissioner for oaths or notary is the official who witnesses your oath. You must sign in their presence. They confirm your identity and that you swore or affirmed the contents are true.

FAQs

Do you need two sureties, or is one enough?

It depends on the bond and the court’s direction. Some bonds accept one surety with strong net worth. Others require two. If two are required, each must complete a separate affidavit. Each surety must meet the financial standard. Do not split assets between sureties in a way that hides real value. The court looks at each person’s independent capacity. Ask for direction early so you do not file twice.

Do you have to live in the same province as the court?

Courts often prefer sureties who live within the province. That makes verification and enforcement easier. If you live outside the province, expect closer review. You may be asked for extra documents or local contacts. If you own assets in the province, highlight them. If you do not, provide clear proof of your financial position where you live. Make sure your address and contact details are current.

Do you need to attach proof of assets and debts?

Yes, you should. The form is sworn, but attachments help the court assess your claim. Include valuations, bank statements, mortgage or loan statements, and ownership records. Redact sensitive account numbers if needed, but leave enough detail for verification. Label each document. Cross-reference the attachments to the asset entries in your affidavit. Initial each page so the court knows what you filed with your oath.

Can you use real estate as proof if there is a mortgage?

Yes, but you must disclose the mortgage and any liens. The court focuses on your equity, not the gross value. Provide a recent valuation or comparative market data, and a current mortgage statement. If property is held jointly, state your share clearly. Note any spousal or co-owner rights. If there is little equity after debts, consider listing other assets to support your net worth.

Are you liable for the full bond amount as a surety?

You can be. If the bond is joint and several, the court can collect the full amount from any surety. That applies even if you agreed privately to split the risk. Your affidavit confirms you understand this. Do not sign unless you can cover the bond on your own, if required. If the bond is forfeited, collection can proceed against your listed assets.

How long does your obligation as surety last?

It lasts until the court discharges the bond. That usually happens when the underlying requirement is satisfied. It could be a final order, dismissal, or other completion event. Do not assume discharge is automatic. Get proof of discharge from the court file. Keep it with your records. Until discharge, your risk remains active.

Can you withdraw as a surety after filing?

Not without court permission. Once filed, the bond and your affidavit bind you. If you need to withdraw, you must ask the court to substitute another surety or vary the security. The court may require notice to all parties and proof of equivalent replacement security. Plan ahead. Commit only if you can stay on until discharge.

Do you have to attend court to justify in person?

Sometimes. The court can accept your affidavit on the record. It can also require you to attend a hearing to answer questions. Be ready to explain your assets and debts. Bring original documents or certified copies. If the court schedules a justification hearing, attend on time. If you do not attend, the court can refuse the surety or delay the proceeding.

Checklist: Before, During, and After the Form 65T – Affidavit of Justification by Sureties

Before signing

• Confirm the bond amount and purpose.
• Verify how many sureties are required.
• Gather current government-issued ID.
• List all assets with estimated values.
• Collect documents: property deeds, mortgage statements, tax assessments.
• Collect bank and investment statements for recent months.
• Gather vehicle ownership and loan statements.
• List all debts: loans, credit lines, taxes, judgments.
• Check if any liens or encumbrances exist on your assets.
• Note your employment, income, and other financial obligations.
• Confirm if any assets are jointly owned and with whom.
• Identify a commissioner or notary who can witness your oath.
• Book an appointment and bring all attachments.
• Review whether you need valuations or appraisals for properties.

During signing

• Confirm the exact court file number and style of cause.
• Ensure your full legal name and address are accurate.
• State your occupation and employer clearly.
• List assets with specific descriptions and values.
• Disclose all encumbrances, including amounts and holders.
• State whether each asset is solely or jointly owned.
• Calculate your net worth: assets minus debts.
• Attach proof and label each exhibit consistently.
• Initial every page of the affidavit and each exhibit.
• Swear or affirm the affidavit in front of the official.
• Sign in the official’s presence, not before.
• Confirm the date on all pages matches the oath date.
• Ask the official to complete their jurat, stamp, and details.
• Make two certified copies for your records and service.

After signing

• File the original with the court registry for the case.
• Pay any filing fees if required.
• Serve a filed copy on the other parties if directed.
• Get stamped “filed” copies for your records.
• Calendar any hearing or review date for justification.
• Watch for objections or requisitions from the court or parties.
• Respond quickly with any extra documents requested.
• Keep all proof of service and filing receipts.
• Store a full set of documents in a secure place.
• Update your contact details with the court if they change.
• Obtain a discharge or release document when the bond ends.
• Keep the discharge with your permanent records.

Common Mistakes to Avoid Form 65T – Affidavit of Justification by Sureties

• Don’t forget to disclose every debt tied to your assets.
• Consequence: The court may reject your affidavit or question your credibility. If the bond is challenged, a missed lien can undermine your justification.
• Don’t overvalue property or ignore selling costs.
• Consequence: Inflated values can lead to refusal or a requirement for extra sureties. Use realistic figures and include mortgages, liens, and approximate disposition costs.
• Don’t sign the affidavit outside the presence of the official.
• Consequence: The affidavit is invalid. You may need to re-swear and refile, causing delay and extra cost. Always sign in front of the commissioner or notary.
• Don’t rely on joint assets without explaining your share.
• Consequence: The court may discount the value or refuse the surety. State the form of ownership and your exact interest. Confirm any spousal or co-owner rights.
• Don’t omit attachments that support key entries.
• Consequence: The court may demand more proof or set a hearing. Provide statements, valuations, and proof of title with clear labels and initials on each page.

What to Do After Filling Out the Form Form 65T – Affidavit of Justification by Sureties

1. File the affidavit in the same court file as the bond. Bring the original and copies. Ask the clerk to stamp your copies. If there is a filing fee, pay it at the counter.
2. Serve a filed copy on all required parties. Check any direction or order that governs service. Use a reliable method and keep proof of service.
3. Track the court’s review. The registry may accept the filing on the record. The court may set a hearing to justify. If you receive a requisition or objection, respond by the deadline. Provide any missing documents or clarifications.
4. If the court refuses the surety, fix the issues. You can amend your affidavit with correct values or fuller disclosure. You can also propose a replacement surety. File the revised materials and serve them again if needed.
5. Once the court accepts the surety, keep all papers safe. Note any event that will end the bond. When the obligation is satisfied, seek a discharge. You may need a consent or a court order to release the sureties. File the discharge in the same court file. Get a stamped copy and keep it with your records.
6. If your financial situation changes while the bond is active, tell counsel. Significant changes can trigger objections or a request for further security. Address issues early to avoid delay or enforcement risk.
7. If you need to substitute a surety, act before any default. File a motion or request as required. Provide an equivalent or stronger replacement. Do not assume you are released until the court orders it.
8. Finally, maintain updated contact information with the court. If you miss notices, you can miss deadlines. That can lead to enforcement without your input.