Attachment 35 - Probate Records and Will for the Estate of John Henry Cosier
Legal documentation including the Last Will and Testament, probate grant, and statement of assets for the estate related to the property ownership.
VICTORIA LAND TITLE OFFICE
LAND TITLE ACT BRITISH COLUMBIA FORM 17 FEE SIMPLE LAND TITLE AND SURVEY AUTHORITY Mar-06-2017 11:47:48.001 CA5854902
- APPLICANT: (Name, address, phone number of applicant, applicant’s solicitor or agent) SALMOND ASHURST Barristers & Solicitors 1620 Cedar Hill Cross Road Victoria BC V8P 2P6 Phone: 250-477-4143 File No. 19108-002-S-/Int Document Fees: $71.58 Deduct LTSA Fees? Yes [x]
2a. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND: [PID] 003-762-491 [legal description] LOT B, SECTION 91, ESQUIMALT DISTRICT, PLAN 18407 EXCEPT PART IN PLAN 3768 RW STC? YES [ ]
2b. MARKET VALUE: $ 1.00
- NATURE OF INTEREST: Fee Simple TRANSMISSION TO EXECUTOR OR ADMINISTRATOR ADDITIONAL INFORMATION: Attached documents:
- certified copy of Letters Probate
- certified copy of Statement of Assets, Liabilities & Distribution
- PERSON ENTITLED TO BE REGISTERED AS OWNER: (including occupation(s), postal address(es) and postal code(s)) JOHN DANIEL BECKER, PROCUREMENT CONSULTANT EXECUTOR OF THE WILL OF JOHN HENRY COSIER, DECEASED 34 VICKERY ROAD VICTORIA BRITISH COLUMBIA V9B 1M4 CANADA
In the Supreme Court of British Columbia
No. 16/1039 Victoria Registry
In the Matter of the Estate of JOHN HENRY COSIER, deceased
In Probate
WHEREAS JOHN HENRY COSIER also known as JACK COSIER (the “deceased”), whose last known address was 34 Vickery Road, Victoria, BC died on August 31, 2016 and left a will dated November 7, 2014, a copy of which is attached.
Administration of the estate of the deceased is granted to JOHN DANIEL BECKER.
Sealed by the Supreme Court of British Columbia on February 27, 2017.
THIS IS THE LAST WILL AND TESTAMENT of me, JOHN HENRY COSIER
Retired, presently of 12 Vickery Road, in the City of Victoria, in the Province of British Columbia, V9B 1M4.
I HEREBY REVOKE all former wills and codicils at any time heretofore made by me, but do not revoke any designation under any existing Registered Retirement Savings Plan, Registered Retirement Income Fund Plan, or similar plan, or under any Insurance Policy owned by me, save as herein expressly provided.
I APPOINT my Friend, JOHN DANIEL BECKER, presently of 34 Vickery Road, in the City of Victoria, in the Province of British Columbia, V9B 1M4, to be the Executor and Trustee of my Will. If my Friend shall die in my lifetime, or after having taken probate of my Will, leaving all or any part of my estate unadministered or desires to be discharged, or refuses to act, or becomes unfit or incapable of acting as Executrix and Trustee; THEN I APPOINT my Friend, ANNA SEJONJ BECKER, presently of 34 Vickery Road, in the City of Victoria, in the Province of British Columbia, V9B 1M4, to fill the vacancy in the office of the Executrix and Trustee that may occur by reason of such death, desire to be discharged, refusal or incapability. I DECLARE that in the interpretation of my Will, the expression "my Trustee" shall, where the context permits, mean and include the Executor and Trustee for the time being hereof, whether original or substituted and when referring to my Trustee, the masculine/feminine gender shall include the feminine/masculine and the singular/plural shall include the plural/singular as the context requires.
I GIVE my Trustee all my property of whatever kind and wherever located ("my estate") in trust and I direct my Trustee to distribute my estate as set out in this Will.
My Trustee has the following powers: a. To convert any part of my estate into money or investments in such manner and upon such terms and either for cash or credit or for part cash and part credit as my Trustee in his or her uncontrolled discretion decides upon, with power and discretion to postpone such conversion or any part or parts thereof for such length of time as my Trustee may think best; b. The separate power to retain any part of my estate in the form in which it is at my death notwithstanding that it may not be in the form of an investment in which trustees are authorized to invest trust funds and whether or not there is a liability attached to any such portion of my estate for such length of time as my said Trustee may in his discretion deem advisable; c. My Trustee is not limited to investments authorized by law for trustees when my Trustee invests or retains any part of my estate; d. My Trustee is not responsible for any loss to my estate that might occur from investing or retaining any part of my estate if my Trustee has acted in good faith; e. To appoint an agent to attend to all matters of administration of my estate other than those matters requiring the exercise of the discretion of an executor or trustee, and from time to time in the discretion of my Trustee to terminate any such appointment and make another. My Trustee shall be further authorized to fix the remuneration to be paid to any such agent and such remuneration shall be a charge upon my estate and payable out of the capital or income thereof in such proportions as my Trustee from time to time may determine, but the amount of any such remuneration is to be taken into account and deducted from the compensation to which my Trustee would from time to time be otherwise entitled. In making such appointment as aforesaid, I authorize my Trustee to place all or any part of the investments of my estate in the custody of such agent and to transfer such investments or any of them into the name of any such agent or any nominee thereof; f. To grant leases and surrenders of leases and to grant options and releases on whatever terms my Trustees see fit; g. If any real or leasehold property forming part of my estate shall remain unsold, my Trustees shall be at liberty to let or lease the same from month to month, year to year, or for any term of years and subject to such covenants and conditions as they shall think fit; to accept surrenders of leases and tenancies, to expend money on repairs and improvements and generally to manage the property, and with a view to the sale thereof to give any options they may consider advisable; h. To make allowances and remissions of rent and to make arrangements with tenants and others and to condone and to grant licences to commit breaches of covenants and to accept surrenders of leases and tenancies at the Executors' sole discretion.
I DIRECT that every gift and benefit given by me by this my will or any Codicil thereto to any of my personal Trustees shall not be in lieu of any compensation to which they may be entitled for acting as a Trustee of this my Will.
I DIRECT my Trustee to pay out of the capital of my estate: a. My debts; b. My funeral and testamentary expenses; c. All other fees, taxes and duties imposed by any jurisdiction wheresoever situate which may be payable by reason of my death on assets owned by me or over which I have a general power of appointment at the time of my death out of the capital of the residue of my estate in the same manner and with like effect as though the said fees, taxes and duties were debts owing by me at the date of my death and I DIRECT that all bequests contained in my Will or any Codicil hereto and all gifts made by me during my lifetime and all property passing by survivorship to any person by reason of joint tenancy or otherwise and all policies of insurance on my life shall be free of succession duties.
I AUTHORIZE my Trustee to make any division of my estate or set aside or pay any share or interest either wholly or in part, in the assets forming my estate at the date of my death, or at the time of such division, setting aside or payment, and I DECLARE that my Trustee shall in his absolute discretion fix the value of my estate or any part or parts thereof for the purpose of making any such division, setting aside or payment and that the decision of the Trustee shall be final and binding upon all persons concerned.
WITHOUT in any way derogating from the powers herein granted to my Trustee, and in further amplification of them, I give to my Trustee, power to make all such allocations, elections and distributions as he shall from time to time or at any time or times, in his full, absolute and unfettered discretion deemed to be in the best interest of my estate as a whole and specifically any allocations and elections as may be necessary under the Income Tax Act (Canada) as amended from time to time. Where any specific funds, shares or residue are created under my said Will, my Trustee shall have the absolute power of determination as to the specific assets which shall form such funds, shares or residue as the case may be. I specifically exonerate my Trustee from any responsibility with respect to any such allocations or elections which may result in liability to my estate, or any beneficiary thereof, if he acts bona fide in the exercise of such power.
I DIRECT my Trustee to do the following: a. To deliver my oldest tenor saxophone to my Nephew, GREG COSIER, for his own use absolutely if he survives me for a period of thirty (30) days or greater. b. To deliver my alto saxophone to my Friend, ANNA SEJONJ BECKER for own use absolutely if she survives me for a period of thirty (30) days or greater. c. To deliver my newest tenor saxophone, all of my phonograph records, and any interest I may have in my 1992 Subaru, to my good Friend, JOHN DANIEL BECKER, for his own use absolutely if he survives me for a period of thirty (30) days or greater. d. To deliver all of my photographs to my Niece, DONNA COSIER, for own use absolutely if she survives me for a period of thirty (30) days or greater; PROVIDED THAT if my Executors cannot locate her or she is not then alive, to deliver all of my photographs to my Nephew, TONY COSIER, presently of 8 Jerrilynn Crescent, in the City of Nepean, in the Province of Ontario, K2J 1H4.
I DIRECT my Trustee to pay or transfer all copyrights to my song, titled “Evening Mist” to my Nephew, TONY COSIER, for his own use absolutely if he survives me for a period of thirty (30) days or greater; including all written copies of said music in my possession at the time of my death.
I DIRECT my Trustee: a. To divide TEN PERCENT (10%) of the residue of my estate equally between those of the following persons who survive me for a period of thirty (30) days or greater; i. My Nephew, TONY COSIER; and ii. My Nephew, BARRY COSIER. b. To pay or transfer the remaining NINETY PERCENT (90%) of the residue of my estate to JOHN DANIEL BECKER; PROVIDED THAT if he predeceases me, or surviving me dies within thirty (30) days of the date of my death, to pay or transfer his share to ANNA SEJONJ BECKER for her own use absolutely.
I DIRECT my Trustee to make arrangements for the care and maintenance of any cats under my care at the time of my death.
IT IS MY DESIRE that my body be cremated and I DIRECT my Trustee to make suitable arrangements for that purpose.
IN TESTIMONY WHEREOF I have to this my last Will written on this and the preceding three (3) pages of paper subscribed my name this 7th day of November, 2014.
SIGNED, PUBLISHED AND DECLARED ] by the said Testator as and for his said last ] Will and Testament in the presence of us, ] both present at the same time, who at his ] JOHN HENRY COSIER request in his presence, and in the presence ] of each other, have hereunto subscribed ] our names as witnesses: ]
Robert J. Salmond Barrister & Solicitor 1620 Cedar Hill X Road Victoria BC V8P 2P6
ROBINSON Legal Assistant 1620 Cedar Hill X Road Victoria BC V8P 2P6
ESTATE OF JOHN HENRY COSIER, DECEASED
STATEMENT OF ASSETS, LIABILITIES, AND DISTRIBUTION
| Part I—Real Property | Within or Without B.C. | Value at Death |
|---|---|---|
| Property known and described as: Lot B Section 91 Esquimalt District Plan 18407 Except part in Plan 3768 RW. Parcel Identifier: 003-762-491. Civic Address: 34 Vickery Road Victoria, BC V9B 1M4. Name of Owner: John Henry Cosier Valued at | Within | $320,000.00 |
| TOTAL: | $320,000.00 |
| Part II—Personal Property | Within or Without B.C. | Value at Death |
|---|---|---|
| A. Tangible Personal Property | ||
| 1. Personal Effects, Clothing, Furniture and Other Household Goods, No Commercial Value | Within | $0.00 |
| B. Intangible Personal Property | ||
| 1. Monies on Deposit | ||
| (a) CIBC #9-310 Goldstream Avenue, Victoria BC V9B 2W3 | ||
| (i) Chequing/Savings Account | Within | $53.31 |
| Accrued interest to date of death | $0.00 | |
| (ii) Investor's Rate Account | Within | $284,167.33 |
| Accrued interest to date of death | $0.00 | |
| Both in the name of John Henry Cosier | ||
| TOTAL: | $284,220.64 |
GROSS VALUE OF ESTATE: $604,220.64
| Part III—Debts and Liabilities | Paid or Unpaid | Amount |
|---|---|---|
| NIL | ||
| TOTAL: | $0.00 |
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