Professional Documents
Culture Documents
THIS IS THE LAST WILL of me, FRED FLINTSTONE, of the City of Welland, in the Regional
Municipality of Niagara and Province of Ontario.
I. I REVOKE all former wills and other testamentary dispositions made by me.
II. I APPOINT my wife, WILMA FLINTSTONE, to be the Estate Trustee, Executor and Trustee of
this my Will, provided that if my said wife shall have predeceased me or shall survive me but die
before the trusts hereof shall have terminated or shall be unable or unwilling to act or to continue to
act as such Estate Trustee, Executor and Trustee, then I appoint my daughter, PEBBLES
FLINTSTONE, and my son, BAMBAM FLINTSTONE, jointly, to be the Estate Trustees,
Executors and Trustees of this my Will in the place and stead of my said wife. References to "my
Trustees" in this my Will shall include each Estate Trustee, Executor and Trustee of my Will, my
estate or any portion thereof who may be acting as such from time to time whether original or
substituted and whether one or more.
III. I GIVE all my property wheresoever situate, including any property over which I may have a general
power of appointment, to my Trustees upon the following trusts, namely:
(a) I AUTHORIZE my Trustees to use their discretion in the realization of my estate, with power
to sell, call in and convert into money any part of my estate not consisting of money at such
time or times, in such manner and upon such terms, and either for cash or credit or for part
cash and part credit as they may in their absolute discretion decide upon, or to postpone such
conversion of my estate or any part or parts thereof for such length of time as they may think
best. My Trustees shall have a separate and substantive power to retain any of my
investments or assets in the form existing at the date of my death at their absolute discretion
without responsibility for loss to the intent that investments or assets so retained shall be
deemed to be authorized investments for all purposes of this my Will. No reversionary or
future interest shall be sold prior to falling into possession and no such interest not actually
producing income shall be treated as producing income.
(b) To pay out of and charge to the capital of my general estate my just debts, funeral and
testamentary expenses and all income taxes, estate, inheritance and succession duties or taxes
whether imposed by or pursuant to the law of this or any other jurisdiction whatsoever that
may be payable in connection with any property passing (or deemed so to pass by any
governing law) on my death or in connection with any insurance on my life or any gift or
benefit given or conferred by me either during my lifetime or by survivorship or by this my
Will or any Codicil hereto and whether such duties or taxes be payable in respect of estates or
interests which fall into possession at my death or at any subsequent time; and I hereby
authorize my Trustees to defer, commute or prepay any such taxes or duties. This direction
shall not extend to or include any such taxes that may be payable by a purchaser or transferee
in connection with any property transferred to or acquired by such purchaser or transferee
upon or after my death pursuant to any agreement with respect to such property.
(c) To deliver to my daughter, PEBBLES FLINTSTONE, my 2 karat solitaire diamond ring.
(d) To deliver to my son, BAMBAM FLINTSTONE, my Harley Davidson motorcycle.
(e) To deliver to, NIAGARA COLLEGE OF APPLIED ARTS & TECHNOLOGY, LAW
CLERK PROGRAM, or to its successor organization as the case may be, the sum of $20,
000, 00. The receipt of the treasurer or other proper officer of this organization shall be
sufficient discharge to my Trustees.
(f) If my wife, WILMA FLINTSTONE, survives me for a period of fourteen (14) days, to pay,
transfer and assign the residue of my estate to her for her own use absolutely.
such child who survive him or her in equal shares per stirpes or, if such child should leave no
issue him or her surviving, among my issue who shall be living at the death of such child in
equal shares per stirpes, provided that if any child of mine shall thereby become entitled to
any part of such share before attaining the age of twenty-one (21) years, such child's part
shall be added to the capital of the share of my estate hereinbefore directed to be held in trust
for such child and shall be dealt with as part thereof.
IV. SUBJECT AS MAY BE SPECIFICALLY provided herein, if any person should become entitled to
any share in my estate before attaining the age of twenty-one (21) or while mentally incapable of
managing property, the share of such person shall be held and kept invested by my Trustees, and the
income and capital or so much thereof as my Trustees shall, in their absolute discretion, consider
necessary or advisable shall be used for the benefit of such person until he or she attains the age of
twenty-one (21) or is no longer mentally incapable of managing property when such share or the
amount thereof remaining shall be paid or transferred to him or her, or should such person die before
attaining the age of twenty-one (21) or while mentally incapable of managing property, to his or her
legal personal representatives.
V. I AUTHORIZE my Trustees to make any payments for any person under the age of twenty-one (21)
or who is otherwise mentally incapable of managing property to a parent, guardian or committee of
such person or to any other person my Trustees may consider to be a proper recipient therefor whose
receipt shall be a sufficient discharge to my Trustees.
VI. WHENEVER it becomes necessary for my Trustees to invest any moneys held in connection with
my estate I will and declare that my Trustees in making such investment shall not be required to
diversify and shall not otherwise be restricted by the provisions of s. 27 of the Ontario Trustee Act, as
amended from time to time, but may invest in any investment that in their uncontrolled discretion
they consider advisable and my Trustees shall not be held responsible for any loss that may be
occasioned by any such investment made by them in good faith. Without limiting the generality of
the foregoing, my Trustee shall be specifically authorized to invest in mutual fund and pooled fund
investments notwithstanding any rule of law that prohibits a trustee from delegating powers of duties.
VII.
MY TRUSTEES may make any division of my real or personal estate or set aside or pay any
share or interest therein either wholly or in part in the assets forming my estate at the time of my
death or at the time of such division, setting aside or payment, and I expressly will and declare that
my Trustees shall in their absolute discretion fix the value of my estate or any part thereof for the
purpose of making any such division, setting aside or payment and the decision of my Trustees shall
be final and binding upon all persons concerned, notwithstanding any fluctuation in market value and
notwithstanding that one or more of my Trustees may be beneficially interested in the property or any
part thereof so valued.
VIII.
I AUTHORIZE my Trustees to make or refrain from making, in their absolute discretion, any
elections, determinations, and designations permitted by any statute or regulation enacted by the
Parliament or government of Canada, by the legislature or government of any province of Canada, or
by any other legislative or governmental body of any other country, province, state or territory, and
such exercise of discretion by my Trustees shall be conclusive and binding upon all the beneficiaries
hereof. My Trustees shall not be liable to any person, whether beneficiary or otherwise, by reason of
any loss, claim, tax or other cost experienced by any such person or by my estate resulting from any
election, determination, designation or exercise of discretion, including any preferred beneficiary
election, entered into by my Trustees in good faith.
IX. I AUTHORIZE my Trustees to sell, partition, exchange or otherwise dispose of the whole or any part
of my real property in such manner at such time and upon such terms as to credit or otherwise as they
in their discretion consider advisable, with power to accept purchase money mortgage or mortgages
for any part of the purchase or exchange price. My Trustees shall also have the power to mortgage,
lease for any term the real or leasehold property forming part of my estate, subject to such covenants
and conditions as they shall think fit, to accept surrenders of leases and tenancies, to expend money
in repairs, alterations, rebuilding and improvements and generally to manage any such property. My
Trustees shall also have the right to renew and keep renewed any mortgage or mortgages upon any
real estate forming part of my estate or any part thereof, to borrow money on any such real estate
upon the security of any mortgage or mortgages and to pay off any mortgage or mortgages which
may be in existence at any time forming part of my estate. I also give to my Trustees power to
execute and deliver such deeds, mortgages, leases or other instruments as may be necessary to effect
such a sale, mortgage, lease or other disposition. The power of sale herein is discretionary and not
mandatory.
X. I AUTHORIZE AND EMPOWER my Trustees to lend such part or parts of my estate upon any
security which they may deem sufficient or upon no security whatever, to enter into guarantees or
indemnifications for the benefit of the beneficiaries of this my Will and firms or corporations in
which my estate or one or more of the beneficiaries of this my Will may have an interest and to give
security therefor as my Trustees may in their discretion decide and to renew and keep renewed such
guarantees and indemnifications as my Trustees see fit, to borrow money from themselves
individually or from others either without security or upon the security of any of the property, real or
personal, entrusted to them or from time to time held by them under this my Will for such purposes
and upon such terms and conditions as they shall deem advisable and without limiting the generality
of the foregoing for the payment of taxes, debts, duties, legacies or expenses and to mortgage,
pledge, hypothecate or otherwise encumber any or all of such property to secure the repayment of
money borrowed and to extend or modify any such encumbrance. My Trustees may borrow from
any person or corporation notwithstanding that such person or corporation may be a member of my
family or a beneficiary or trustee under my Will, and the person or corporation from whom my
Trustees borrow shall nevertheless be entitled to receive and be paid, for its, his or her own benefit,
such interest as my Trustees in their absolute discretion deem advisable.
XI. MY TRUSTEES shall be fully protected in exercising any discretion granted to them in this my Will
and shall not be liable to the beneficiaries or their heirs or personal representatives by reason of the
exercise of such discretion. My Trustees shall exercise the powers, authority and discretion given to
them in what they deem to be the best interest, whether monetary or otherwise, of the beneficiaries,
whether or not such exercise may have the effect of conferring an advantage on any one or more of
the beneficiaries or would otherwise, but for the foregoing, be considered as being other than an
impartial exercise of their duties hereunder or as not being maintenance of an even-hand among the
beneficiaries and all such exercise of their powers, authority and discretion shall be binding upon all
of the beneficiaries and shall not be subject to any question or review, by any person, official,
authority, court or tribunal whatsoever or whomsoever.
XII.
I AUTHORIZE my Trustees to employ and pay out of my estate such professional advisors
as my Trustees may deem necessary in the discharge of their duties and to act upon such advice and
opinions as they may receive from any such professional so employed and my Trustees shall not be
liable or responsible for any loss that may be occasioned to my estate by reason of their so doing.
XIII.
claim or claims at any time owing by my estate or which my estate may have against others for such
consideration or no consideration and upon such terms and conditions as my Trustees may deem
advisable and to refer to arbitration all such claims if my Trustees deem same advisable.
XIV.
I DECLARE that no gift, or the income therefrom, under this my Will shall be assigned or
anticipated, or fall into any community of property, partnership or other form of sharing or division
of property which may exist between any beneficiary and his or her spouse or partner, and every gift
together with the income therefrom shall remain the separate property of a beneficiary hereunder,
free from all property rights or controls by his or her spouse or partner. Without limiting the
generality of the foregoing, I direct that all of the gifts and other benefits granted by me under this
my Will and all the income derived therefrom shall be excluded from net family property of a
beneficiary and the value thereof shall not be subject to division between a beneficiary and his or her
spouse or partner pursuant to the Ontario Family Law Act, or any successor legislation thereto. All
references to income contained in this paragraph of this my Will are intended by me and shall be
deemed to include capital gains as well as any other accretions to capital arising from a gift or benefit
hereunder.
IN WITNESS WHEREOF I have to this my Last Will and Testament, written upon this and nine (9)
preceding pages, subscribed my name this 8th day of October, 2014.
SIGNED by the testator, FRED
FLINTSTONE, as his last Will,
in the presence of us, both present
at the same time, who at his
request, in his presence and in the
presence of each other have
hereunto subscribed our names as
witnesses.
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WITNESS:
Signature: ________________________
Name:
Nancy Bellantino
Address:
105 Garon Ave.
Welland, Ontario L3B 1B7
_______________________________
Fred Flintstone
Occupation:
Barrister/Solicitor
WITNESS:
Signature: ________________________
Name:
Andrea Rocca
Address:
105 Garon Ave.
Welland, Ontario L3B 1B7
Occupation: Law Clerk
2.
All former powers of attorney for the management of property or other such delegation of
authority to an agent given by me are hereby revoked.
3.
Without limiting the generality of this continuing power of attorney for property, my Attorney
shall be authorized to act on my behalf as fully as if I were acting personally and in particular:
(i)
(ii)
my Attorney shall be authorized to deal on my behalf with any person, including financial
institutions and government institutions and to provide and obtain information on my
behalf;
(iii)
my Attorney shall be authorized to have access to and examine, deposit, and remove any
and all documents, securities and articles of any nature or kind which may be held in any
safety deposit box in my name, whether alone or otherwise, in any bank, trust company
or other financial institution; and
(iv)
4.
my Attorney shall be authorized to review my Will and any other testamentary instrument
disposing of property upon my death.
those expenditures that are reasonably necessary for my support, education and care;
(ii)
those expenditures that are reasonably necessary for the support, education and care of
my dependants including the support, education and care of my attorney; and
(iii)
those expenditures that are necessary to satisfy any other legal obligations I may have.
5.
My Attorney shall not be authorized to make expenditures of my behalf for the purpose of
making gifts or loans to my friends and relatives, nor for the purpose of making charitable gifts.
6.
In accordance with the Substitute Decisions Act, 1992, I declare that this power of attorney may
be exercised during any future incapacity on my part to manage property.
XV.
I hereby declare that my attorneys shall not be entitled to compensation from my estate
for acting as my attorneys for personal care during any future incapacity on my part.
8.
9.
10.
IN WITNESS WHEREOF I have signed my name to this continuing power of attorney for the
management of my property, this 8th day of October, 2014, in the presence of both witnesses, both
present at the same time.
_________________________
Signature of Witness
Name: Nancy Bellantino
Address: 105 Garon Ave.
Welland, Ontario L3B 1B7
Occupation: Barrister and Solicitor
_________________________
Signature of Witness
Name: Andrea Rocca
______________________________
Fred Flintstone
This POWER OF ATTORNEY FOR PERSONAL CARE is given by FRED FLINTSTONE of the City
of Welland, in the Regional Municipality of Niagara.
1.
2.
All other former powers of attorney for personal care given by me are hereby revoked.
3.
I confirm that I am at least sixteen (16) years of age and that the attorneys appointed herein for
my personal care are also at least sixteen (16) years old.
4.
5.
In the event my capacity for personal care is in issue and an assessment of my capacity is
required, my personal physician shall perform the assessment, or if my physician is unable or
unwilling to do so, then any other physician selected by my attorneys shall perform such
assessment.
6.
If this power of attorney has been validated under the Substitute Decisions Act, 1992 and my
attorneys have reason to believe I have regained my capacity for personal care decisions, my
attorneys shall arrange for an assessment of my capacity.
XVI.
I hereby declare that my attorneys shall not be entitled to compensation from my estate
for acting as my attorneys for personal care during any future incapacity on my part.
XVII.
I confirm that I believe the attorneys appointed hereunder have a genuine concern for my
welfare and appreciate that my attorneys may have to make decisions regarding my personal care
on my behalf.
XVIII.
IN WITNESS WHEREOF I have signed my name to this continuing power of attorney for
personal care, this 8th day of October, 2014, in the presence of both witnesses, both present at the same
time.
______________________________
Signature of Witness
Name: Nancy Bellantino
Address: 105 Garon Ave.
Welland, Ontario L3B 1B7
Occupation: Barrister and Solicitor
_____________________________
Signature of Witness
Name: Andrea Rocca
Address: 105 Garon Ave.
Welland, Ontario L3B 1B7
Occupation: Law Clerk
____________________________________
Fred Flintstone
ONTARIO
SUPERIOR COURT OF JUSTICE
at Welland
This application is filed by (insert name and address)
Fred
Surname
Flintstone
And if the deceased was known by any other name(s), state below the full name(s) used including surname.
First given name
Second given name
Third given name
Surname
11 Jan 1960
Address of fixed place of abode (street or postal address) (city or town)
(county or district)
Regional
Niagara
Municipality
If the deceased person had no fixed place of abode in Ontario, did Last occupation of deceased person
he or she have property in Ontario?
No
Yes
Place of death (city or town; county or district)
Crane Operator
Date of death
(day, month, year)
31 Oct 2014
8 Oct 2014
of
Was the deceased person 18 years of age or older at the date of the will (or 21 years of age or older if the
No
Yes
will is dated earlier than September 1, 1971)?
If not, explain why certificate is being sought. Give details in an attached schedule.
Date of codicil (marked as Exhibit B)
Date of codicil (marked as Exhibit C)
(day, month, year)
(day, month, year)
N/A
N/A
Unmarried
Married
Marital Status
Widowed
Did the deceased person marry after the date of the will?
If yes, explain why certificate is being sought. Give details in an attached schedule.
Was a marriage of the deceased person terminated by a judgment absolute of divorce, or declared a
No
Divorced
Yes
No
Yes
No
Yes
477,250.00
No
Yes
If a person named in the will or a codicil as estate trustee is not an applicant, explain.
N/A
If a person not named in the will or a codicil as estate trustee is an applicant, explain why that person is entitled to apply.
N/A
If the spouse of the deceased is an applicant, has the spouse elected to receive the entitlement under
No
Yes
AFFIDAVIT(S) OF APPLICANT(S)
(Attach a separate sheet for additional affidavits, if necessary)
I, an applicant named in this application, make oath and say/affirm:
1. I am 18 years of age or older.
2. The exhibit(s) referred to in this application are the last will and each
codicil (where applicable) of the deceased person and I do not know of
any later will or codicil.
3. I will faithfully administer the deceased persons property according to
law and render a complete and true account of my administration
Occupation
Flintstone, Wilma
Domestic Engineer
(city or town)
(province)
(postal code)
Welland
Ontario
L3B 3W3
of Ontario..
Signature of applicant
this 26th... day of November, 2014...
Wilma Flintstone
A Commissioner for taking Affidavits (or as may be)
ONTARIO
Commissioner for Taking Affidavits (or as
, deceased.
Fred Flintstone
IN THE ESTATE OF
1.
2.
11, 1960.
(A) If the notice is sent to or in respect of a person entitled only to a specified item of property or stated amount of money, an extract of the part or parts
the will or codicil relating to the gift, or a copy of the will (and codicil(s), if any).
(B) If the notice is sent to or in respect of any other beneficiary, a copy of the will (and codicil(s), if any).
(C) If the notice is sent to the Children's Lawyer or the Public Guardian and Trustee, a copy of the will (and codicil(s), if any), and if it is not included in
the notice, a statement of the estimated value of the interest of the person represented.
3.
The applicant named in this notice is applying for a certificate of appointment of estate trustee with a will.
APPLICANT
Name
Address
Wilma Flintstone
4.
The following persons who are less than 18 years of age are entitled, whether their interest is contingent or vested, to share in the distribution of the estate:
Name
Date of Birth
(day, month, year)
Not Applicable
* Note: The Estimated Value of Interest in Estate may be omitted in the form if it is included in a separate schedule attached to the notice sent to the Children
Lawyer.
5.
The following persons who are mentally incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in t
proceeding, and who have guardians or attorneys acting under powers of attorney with authority to act in the proceeding, are entitled, whether their interest
contingent or vested, to share in the distribution of the estate:
Name and Address of Person
Not Applicable
* Specify whether guardian or attorney
6. The following persons who are mentally incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the
proceeding, and who do not have guardians or attorneys acting under powers of attorney with authority to act in the proceeding, are entitled, whether their intere
is contingent or vested, to share in the distribution of the estate:
Name and Address of Person
Not Applicable
* Note: The Estimated Value of Interest in Estate may be omitted in the form if it is included in a separate schedule attached to the notice sent to the Publ
Guardian and Trustee.
7.
Unborn or unascertained persons may be entitled to share in the distribution of the estate. (Delete if not applicable)
Not Applicable
8.
All other persons and charities entitled, whether their interest is contingent or vested, to share in the distribution of the estate are as follows:
Name
Address
9. This notice is being sent, by regular lettermail, to all adult persons and charities named above in this notice (except to an applicant who is entitled to share i
the distribution of the estate), to the Public Guardian and Trustee if paragraph 6 applies, to a parent or guardian of the minor and to the Children's Lawyer if
paragraph 4 applies, to the guardian or attorney if paragraph 5 applies, and to the Children's Lawyer if paragraph 7 applies.
10. The following persons named in the Will or being a member of a class of beneficiaries under the Will may be entitled to be served but have not been serve
for the reasons shown below:
Name of person (as it appears in will, if applicable)
ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE ESTATE OF
Fred Flintstone
, deceased.
Wilma Flintstone, of the City of Welland in the Regional Municipality of Niagara, make oath and say/affirm:
1.
I am an applicant for a certificate of appointment of estate trustee with a will in the estate.
2.
I have sent or caused to be sent a notice in Form 74.7, a copy of which is marked as Exhibit A to this affidavit, to all adult persons and
charities named in the notice (except to an applicant who is entitled to share in the distribution of the estate), to the Public Guardian and Trustee if
paragraph 6 of the notice applies, to a parent or guardian of the minor and to the Childrens Lawyer if paragraph 4 applies, to the guardian or attorney
if paragraph 5 applies, and to the Childrens Lawyer if paragraph 7 applies, all by regular lettermail sent to the persons last known address.
3.
4.
The following persons and charities specifically named in the Will are not entitled to be served for the reasons shown:
Name of person (as it appears in will, if applicable)
Not Applicable
If paragraph 4 does not apply insert Not Applicable.
5. The following persons named in the Will or being a member of a class of beneficiaries under the Will may be entitled to be served but have not
been served for the reasons shown below:
Name of person (as it appears in will, if applicable)
Not Applicable
If paragraph 5 does not apply insert Not Applicable.
6.
To the best of my knowledge and belief, subject to paragraph 5 (if applicable), the persons named in the notice are all the persons who are
entitled to share in the distribution of the estate.
Sworn/Affirmed before me at the City
........)
)
of Welland
......)
)
in the Province
..............)
)
ofOntario .)
)
Signature of applicant
Wilma Flintstone
)
)
A Commissioner for taking Affidavits (or as may be)
COURTFILENO___________________
ONTARIO
SUPERIORCOURTOFJUSTICE
INTHEESTATEOFFred
Flintstone,deceased,
lateoftheCityofWellandintheProvinceofOntario
occupationCraneOperator
whodiedonOctober31,2014
CERTIFICATEOFAPPOINTMENT
OFESTATETRUSTEEWITHAWILL
Applicant
Address
Wilma Flintstone
Domestic
Occupation
Welland, Ontario
Engineer
L3B 3W3
ThisCERTIFICATEOFAPPOINTMENTOFESTATETRUSTEEWITHAWILLisherebyissuedunderthesealofthecourtto
theapplicantnamedabove.Acopyofthedeceasedslastwill(andcodicil(s),ifany)isattached.
............................................................................................
Registrar
Address of court office