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Wills, estates & power of attorney

Renunciation of Right to a Certificate of Appointment of Estate Trustee

A sworn renunciation by a person entitled to act as estate trustee, giving up that right so someone else can apply — required by the Ontario estates court when a named executor will not act.

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Also known as

  • Renunciation of Executorship
  • Executor Renunciation
  • Renunciation of Prior Right to a Certificate of Appointment

RENUNCIATION OF RIGHT TO A CERTIFICATE OF APPOINTMENT OF ESTATE TRUSTEE

In the estate of ______, deceased, who died on ______.

I, ______, of ______, in the Province of Ontario, DO SOLEMNLY DECLARE that:

  1. I am entitled to apply for a Certificate of Appointment of Estate Trustee for the estate of the deceased, as ______.

  2. I have not received or dealt with any part of the property of the estate, and I have not done anything that amounts to accepting the office of estate trustee.

  3. I renounce all my right and title to a Certificate of Appointment of Estate Trustee for this estate.

  4. I consent to the appointment of ______, of ______, as estate trustee in my place.

  5. My reason for renouncing is: .

  6. I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

DECLARED before me at the ______________________ of ______________________, in the Province of Ontario, this ______ day of ______________, 20______.

_______________________________ _______________________________

A Commissioner for taking Affidavits Signature of Deponent

The blanks fill themselves in as you type.

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Walkthrough · Step 01 of 04

Renunciation of Right to a Certificate of Appointment of Estate Trustee

A compact preview of this template

01Person Renouncing

Your full legal name (the person renouncing)

Full legal name of the deceased

Full name of the person who will apply instead

RENUNCIATION OF RIGHT TO A CERTIFICATE OF APPOINTMENT OF ESTATE TRUSTEE

In the estate of ______, deceased, who died on ______.

I, ______, of ______, in the Province of Ontario, DO SOLEMNLY DECLARE that:

  1. I am entitled to apply for a Certificate of Appointment of Estate Trustee for the estate of the deceased, as ______.

  2. I have not received or dealt with any part of the property of the estate, and I have not done anything that amounts to accepting the office of estate trustee.

  3. I renounce all my right and title to a Certificate of Appointment of Estate Trustee for this estate.

  4. I consent to the appointment of ______, of ______, as estate trustee in my place.

  5. My reason for renouncing is: .

  6. I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

DECLARED before me at the ______________________ of ______________________, in the Province of Ontario, this ______ day of ______________, 20______.

_______________________________ _______________________________

A Commissioner for taking Affidavits Signature of Deponent

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How it works

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  1. 01

    What is a renunciation?

    It is a sworn statement giving up the right to be appointed estate trustee for a particular estate.

    The Ontario estates court expects a renunciation from anyone with an equal or prior right to apply who is not applying, so the court can see that the applicant's path is clear.

  2. 02

    When you might need one

    You may be asked to sign a renunciation when:

    • You are named executor in a will but do not want to act.
    • You are a spouse or child with a prior right to apply on an intestacy, and someone else will apply.
    • A co-executor is applying alone and the court requires the other to renounce.
    • An estates lawyer preparing the application asks for it as a supporting document.
  3. 03

    What you'll need to fill it in

    Have the following ready:

    • The deceased's full name and date of death.
    • The will, if there is one, so you can cite its date.
    • The full name and address of the person who will apply instead.
  4. 04

    Renounce before you deal with the estate

    You can only renounce if you have not already started acting as estate trustee. Collecting assets, paying estate debts, or otherwise intermeddling can amount to accepting the office, after which stepping aside requires a court order rather than a renunciation.

    The court also publishes its own prescribed estates forms. Where a lawyer or the estates office has asked for a specific court form, use that form; this template is for the situations where a plain sworn renunciation is what is wanted.

  5. 05

    How to get it notarized in Ontario

    Fill in the form on this page and download a clean, ready-to-sign PDF. Do not sign it yet — an affidavit or statutory declaration must be signed in front of a notary public or commissioner for taking affidavits.

    When you are ready, book an appointment with Minute Notary. We administer your oath or affirmation, witness your signature, and apply the notarial seal. Where the document is eligible, you can do this online from anywhere in Ontario; otherwise we meet in person in Ottawa.

Notary’s docket

Good to know

Before you fill it in.

Short notes from our notary on this template. Worth a minute before you start.

  1. 01

    Reviewed for use in Ontario by a notary public.

  2. 02

    Fill it in online and download a clean, ready-to-sign PDF — no account needed.

  3. 03

    Sign only in front of the notary; we administer the oath and apply the seal.

Frequently asked

Questions about the Renunciation of Right to a Certificate of Appointment of Estate Trustee

01
Can I change my mind after renouncing?
Generally no. A renunciation is intended to be final, and reversing it requires a court order. Be sure before you swear it.
02
Do I still inherit if I renounce?
Yes. Renouncing the role of estate trustee is separate from any gift left to you. Giving up the job does not give up your inheritance.
03
Should I use the court's own form instead?
If the estates office or the lawyer handling the application has named a specific prescribed form, use it. Check the current Ontario estates court forms before your appointment.

Keep exploring

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  1. 01
    Statutory Declaration of Small Estate

    A sworn declaration setting out the value and assets of a modest estate — used to support a small estate certificate application in Ontario, or to satisfy a bank or transfer agent that formal probate is not needed.

    Fill it out
  2. 02
    Affidavit of Domicile

    A sworn affidavit confirming where a deceased person lived at the time of death — often required to transfer securities, accounts, or other estate assets. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.

    Fill it out
  3. 03
    Affidavit of Intestacy (No Will)

    A sworn affidavit confirming that a person who died left no will (died intestate) — used to support administering the estate. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario. Obtain legal advice for estate matters.

    Fill it out
  4. 04
    Proof of Life Affidavit

    A sworn affidavit confirming that you are alive — often required by pension and benefit providers, including those abroad, to continue payments. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.

    Fill it out

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