Letter of Consent to Appointment of Trust Corporation (with WIll)

The document titled 'Letter of Consent to Appointment of Trust Corporation (with Will)' is a legal document that serves the purpose of obtaining consent for the appointment of a trust corporation as the executor and trustee of the estate of a deceased individual. This document is important as it ensures that the wishes of the deceased, as stated in their last will, are carried out effectively and legally.

 

The entire document consists of several sections, each serving a specific purpose. The first section provides the background information about the deceased, including their name, address, and marital status. It also mentions the court of domicile where the document is being submitted.

 

The second section explains the circumstances surrounding the appointment of the executor and trustee. It states that the deceased had made a last will, dated [insert date], in which they appointed the executor as the sole executor/executrix and trustee. It also mentions the residuary legatees and devisees named in the will.

 

The third section addresses a potential scenario where the executor predeceased the deceased. If this is the case, it states that the executor died before the deceased or after the deceased without having proved the will. Alternatively, if the executor renounced their right and title to probate and execution of the will, it mentions the renunciation.

 

The fourth section introduces the letter of authorization, which is a document issued by one of the residuary legatees and devisees named in the will. This letter authorizes and requests the named individual, along with their address, to apply for letters of administration (with the will annexed) on behalf of the residuary legatees and devisees.

 

The fifth section is the main focus of this document. It is the letter of consent to the appointment of the trust corporation. It states that the residuary legatee and devisee named in the will, who is also the author of the letter of authorization, hereby consents to the grant of letters of administration (with the will annexed) to the trust corporation in respect of the deceased's estate.

 

The final section is the conclusion of the document, where the executor signs, seals, and delivers the letter of consent. It also provides space for a witness to sign and provide their name, title/occupation, and address.

 

In summary, this document is crucial for obtaining consent for the appointment of a trust corporation as the executor and trustee of a deceased individual's estate. It covers various sections, including background information, appointment details, potential scenarios, letter of authorization, and the letter of consent itself.

How to use this document?

1. Obtain the necessary background information about the deceased, including their name, address, and marital status.

2. Identify the court of domicile where the document will be submitted.

3. Understand the circumstances surrounding the appointment of the executor and trustee, as stated in the deceased's last will.

4. Determine if the executor predeceased the deceased or renounced their right to probate and execution of the will.

5. Familiarize yourself with the letter of authorization issued by one of the residuary legatees and devisees, which authorizes and requests the named individual to apply for letters of administration.

6. Prepare the letter of consent to the appointment of the trust corporation, ensuring that it clearly states the consent of the residuary legatee and devisee.

7. Sign, seal, and deliver the letter of consent, ensuring that it is witnessed by a suitable individual.

8. Record the witness's signature, name, title/occupation, and address.

9. Ensure that all required information is accurately filled in the document.

10. Submit the document to the appropriate court of domicile for further processing and consideration.