Department of Justice

Public Guardian and Trustee

Estate Administration

The Public Guardian and Trustee may administer the estates of those who have no known next-of-kin.

A will is one of the most important documents that you should complete in your lifetime. A will is a legal document that sets out what you want done with your possessions after you die, and may include instructions for your burial or cremation. A will is the key element of estate planning and provides you with peace of mind that comes with knowing all your estate matters will be dealt with according to your wishes. Without a will, settling your estate could be more complicated and costly to your loved ones.

*Please note that the Public Guardian and Trustee can charge fees for the services provided.

 

Estate Administration Publications

Guides

Fact Sheets

 

Estate Administration Forms

2017 Practice Direction - NEW! With revised timelines

Rules and Forms  - Supreme Court Rule 64 or 65 and forms 74-89 apply to estate administration depending on the case.

Form 4- Requisition for: A) Grant of Probate (Will) 

                                         OR B) Letters of Administration (No Will)

                                         OR C) Letters of Administration (Will annexed)

Form 72A – Affidavit of Executor

Form 73A - Affidavit of Notice of Application (with Exhibit)

(Use if the deceased died with a will. Serve on the Public Guardian and Trustee if a beneficiary is under 19 years of age or is an incapable adult - include the date of birth and current address of any beneficiary younger than 19 years old.)

Form 74- Affidavit of Proposed Administrator (No will)

Form 75A - Affidavit of Administrator (Will annexed)

Form 76 - Notice to Next of Kin

(Use if the deceased died without a will. Serve on the Public Guardian and Trustee if a beneficiary is under 19 years of age or is an incapable adult - include the date of birth and current address of any beneficiary younger than 19 years old.)

Form 115A - Grant of Probate

Form 116A - Letters of Administration (No will)

Form 116B - Letters of Administration (Will annexed)

 

Additional Information

Who is Considered a Common-law Spouse?

As of April 1, 1999, the Estate Administration Act defines common-law spouse as:

  • a person who is united to another person by a marriage that, although not a legal marriage, is valid by common law, or
  • a person who has cohabitated with another person as a couple for a least 12 months immediately before the other person's death.

Additional Terms Related to Estate Administration (not included in List of Key Words publication)

Codicil - A formal supplement or an addition to the will made by the testator. It modifies, adds, subtracts from, qualifies, alters, restrains or revokes provisions in a will. It must be prepared and executed in the same manner as a will.

To Devise or Bequeath - To give a gift (can be worded in a will as "I give").

Holograph Will - A will written entirely in the handwriting of the deceased and signed and dated by him or her is considered a valid will in Yukon. A holograph will does not require a signature by a witness. Will forms purchased in stationary stores are not holograph wills.