Commercial surety · Fiduciary bonds

Fiduciary bonds for court-appointed trustees, administrators and guardians.

A fiduciary bond, also called a court bond, guarantees that a person trusted with someone else’s property will manage it honestly and account for it. Here is the full set Ontario courts require, who is exempt, and how to place each one.

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The 60-second version

What you need to know before you call the client back.

Three answers for the broker with a client on the other line. The full guide is below for when you have ten minutes.

What it is

Fiduciary bonds are financial guarantees that protect against losses from dishonest acts or mismanagement by fiduciaries: people or entities entrusted with managing or administering assets on behalf of others.

When your client needs one

When a court order, a statute or the Public Guardian and Trustee makes security a condition of the appointment. The most common are estate administration bonds and guardianship of property bonds.

What you send

The court requirement, the value of the property involved, the fiduciary's personal financial statement and the lawyer's name.

The full guide

Every fiduciary bond in one place.

What makes a bond fiduciary

A fiduciary holds property for someone else and owes them a duty of loyalty and care. When the law makes that person post security, the bond is a fiduciary bond. The obligee is the court, and the people protected are the beneficiaries, the creditors or the person whose property is managed.

Fiduciary bonds serve several purposes. They protect beneficiaries with compensation when a fiduciary fails. They promote accountability. And in many situations, such as the administration of estates, they are a legal requirement before the appointment takes effect.

Fiduciary bonds Ontario courts require

Most fiduciary bonds placed in Ontario fall into one of these appointments.

AppointmentAuthorityBond rule
Estate trustee without a will, or not named in the willEstates Act s. 35 and 37Bond at double the estate value unless the judge orders otherwise. See estate bonds.
Non-resident estate trustee with a willEstates Act s. 6Same security as an administrator, unless reduced or dispensed with.
Temporary administratorEstates Act s. 14(2)Security as the court directs.
Administrator appointed in special circumstancesEstates Act s. 29(3)Security as the court directs.
Statutory guardian of property replacing the PGTSubstitute Decisions Act s. 17(6)Security as the PGT requires. See guardianship bonds.
Court-appointed guardian of propertySubstitute Decisions Act s. 25(2)Security if the order requires it.
Non-resident guardian of propertySubstitute Decisions Act s. 24(3)Security for the value of the property unless the court orders otherwise.
Guardian of a child's propertyChildren's Law Reform Act s. 55Bond payable to the child, unless a parent is appointed and the court waives it.

Other orders can require security too: a trustee appointed by the court, a receiver of property, or a person given control of funds in a family or civil matter. If the order says "security" or "bond", send it.

Who does not need a bond

  • The Public Guardian and Trustee, and trust corporations appointed as guardian of property (Substitute Decisions Act s. 25(3)).
  • The Government of Ontario and its ministries, commissions and boards acting as executor, administrator, trustee or guardian (Estates Act s. 36(1)).
  • A surviving spouse administering an intestate estate within the preferential share, with an affidavit of debts (Estates Act s. 36(2)).
  • Most small estates of $150,000 or less, unless a beneficiary is a minor or incapable (Estates Act s. 36(3)).
  • Anyone the court excuses by order. Courts can reduce or dispense with most fiduciary bonds on a motion.

How fiduciary bonds are underwritten

Fiduciary bonds are personal credit. The fiduciary signs the indemnity, and the underwriter looks at the person first and the property second.

  • Character and credit. A clean record and some personal net worth.
  • The property. Its size, type and how easy it is to value and control.
  • Oversight. A lawyer on the file, passing of accounts and any conditions in the order.
  • Duration. An estate may close in a year or two. A guardianship can run for decades.
  • Disputes. Family conflict or competing claims raise the risk.

Fiduciary bonds end by court order

Unlike most commercial bonds, a fiduciary bond does not lapse on a renewal date. It stays in force until the court discharges it, usually after the fiduciary passes final accounts. If a surety needs to come off the bond, or the fiduciary wants to substitute security, the Estates Act lets the judge allow it on terms (s. 41). If the security becomes inadequate, the judge can require more (s. 40).

Working with the lawyer

For estate lawyers and law clerks. Most court bonds arrive through the lawyer acting on the application. If you are the lawyer, send the draft application or the court's direction and the client's broker details, or ask us to work with the client's broker. Approved works through brokers on these files.

What to send

What to send with a fiduciary bond request.

Underwriters move fast on files that give them what they need and slow on files that make them chase. Send the package below to submit@approvedcasualty.com or through the bond request form, and tell us the date the obligee needs the bond in the first line.

  1. 01
    The court requirement

    The draft application, the court's direction or order, or the form the bond must follow.

  2. 02
    The value of the property

    An inventory or valuation of the estate or the property under management. The bond amount comes from it.

  3. 03
    Applicant details

    Full name, address, occupation and residence. Non-resident applicants should say so up front.

  4. 04
    Applicant's personal finances

    A personal financial statement and consent to a credit check.

  5. 05
    The lawyer of record

    Name and firm of the lawyer acting on the application.

  6. 06
    The family picture

    Beneficiaries or the person whose property is managed, any minors or incapable persons involved, and any dispute.

The 60-second fit check

If the file clears all five, send it today.

  • The court order, rule or form that requires the bond is in hand.
  • The applicant has a clean credit and financial record.
  • The estate or property has been valued, with an inventory.
  • A lawyer is acting on the application.
  • The applicant can show personal assets or will accept conditions on the funds.

Every bond is subject to underwriting. Capacity, terms and premium are set from the file. Nothing on this page is a commitment to issue a bond.

Underwriter's desk with a navy folder, a financial statement, a government form on a clipboard and a calculator

Where the work is

Provincial and cross-border notes.

Ontario

The Estates Act, the Substitute Decisions Act and the Children's Law Reform Act set most fiduciary bond requirements. Rule 74 sets the estate bond forms.

Other provinces

Every province has its own probate, guardianship and trustee rules. Send the order and we will read it. Western Canada surety files can run through Surwest Surety Source.

Non-residents

Ontario requires security from non-resident estate trustees and non-resident guardians of property unless the court orders otherwise.

Approved places business across Canada outside Quebec. Western Canada surety files are handled by Surwest Surety Source; US bonds through the USA bonding program.

Broker FAQ

The questions brokers ask on the first call.

Not covered here? Call 1-877-495-8777 and ask for the surety desk.

Who needs a fiduciary bond?

A person appointed to manage someone else's property where a court order, statute or the PGT requires security. The most common are estate trustees without a will and guardians of property.

Is a fiduciary bond the same as a court bond?

In practice, yes. Fiduciary bonds are the main family of court bonds. Other court bonds, such as appeal or injunction bonds, guarantee a party to litigation rather than a fiduciary.

Can a fiduciary bond be waived?

Often. Courts can reduce or dispense with most fiduciary bonds on a motion, and the statutes exempt some fiduciaries outright. The lawyer on the file will advise.

What happens if the fiduciary mismanages the property?

The court can let the people affected claim on the bond. The surety pays valid losses up to the bond amount, then recovers from the fiduciary under the indemnity.

How much does a fiduciary bond cost?

The surety sets the premium on each file, based on the bond amount, the type of appointment and the fiduciary's finances and record. We quote it with the terms.

How long does the bond last?

Until the court discharges it, usually when final accounts are passed or the property is handed over.

From the blog

Commercial bond articles for brokers.

Next step

Have a client who needs a commercial bond? Send the requirement.

Use the bond request form below, email the package to submit@approvedcasualty.com, or call and ask for the surety desk. A surety underwriter reviews every request and comes back with next steps or questions.

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