Administration Bonds, Part 1 of 2: Dispensing with the Bond

This article provides an overview of the situations in which an estate trustee will be required to post an administration bond, and the common issues members of the bar face when attempting to dispense with that requirement. Due to the lack of instructions provided for in the Estates Act[1] and the Rules of Civil Procedure[2], counsel have found themselves in a position of uncertainty with regard to the level of detail necessary to include in an application seeking to dispense with the bond. In Henderson (Re)[3], Justice Brown sought to provide some direction to help counsel navigate such applications. The direction given by Justice Brown will be analyzed with regard to what sufficient evidence to dispense with the bond requirement includes and how such information ought to be set out.