To transfer securities registered in the name of a deceased person whose representatives have not been confirmed by the court, we need the following documents.
- Probate waiver bond
- Security certificate or statement of ownership
- Declaration of transmission
- Last will and testament (if available)
- Death certificate
- Securities transfer form (if you want to transfer the securities to someone other than the legal representatives)
Please contact us to find out what type of bond, if any, will be acceptable to your securities issuer(s). We will require details of the securities you wish to transfer, including the name of the issuer, number of shares or principal amount of bonds and certificate numbers. The requirements vary from issuer to issuer and also depend on the value of the securities involved.
We require a security certificate or statement of ownership for shares, warrants, units, rights, bonds, debentures, etc. that the deceased owned. Some companies issue statements of ownership instead of certificates. If this is the case in your situation, please send us the statement.
We require two original copies of the declaration of transmission. The declaration of transmission is an affidavit sworn before a notary public or commissioner for oaths by the deceased person's legal representatives. It provides formal evidence of the following information regarding the securities:
- The death of the security holder
- The existence of legal representatives
- The ownership of the securities
- The deceased's place of residence
Please visit the declaration of transmission for non-probated estates page to read about preparing a declaration of transmission.
If you are dealing with more than one class of securities or with securities in more than one issuer, we will need a separate declaration of transmission for each class or issuer.
Please provide two original or notarial copies of the deceased person's will.
Please provide two original or notarial copies of the death certificate.
Once we have these documents in satisfactory form, we will issue a new certificate or security ownership statement in the name of the legal representatives.
If you want to have the securities transferred to someone else, you will need to give us the name(s) and an address for them. You will also need to provide a securities transfer form.
To transfer the securities to someone other than the legal representatives, please learn about completing a securities transfer form. In particular, please follow the instructions with respect to signature guarantees - we cannot complete the transfer without signature guarantees.
What do I have to do to get the declaration signed?
You need to sign the form in the presence of a notary public or commissioner for oaths to take the affidavit. Outside Québec, lawyers are usually notaries public and some financial institutions may have people on staff who are commissioners for oaths.
Where do I send the securities for transfer?
Please send the securities and any supporting documents by a secure means of delivery through registered mail or another reputable courier, with acknowledgement of receipt requested.
Depending on the service you use, you may be able to insure the contents. CST assumes no responsibility for certificates that are lost in transit.
Alternatively, you can deliver the securities in person to the courier address below.
CST Trust Company
P.O. Box 700
Montréal, QC H3B 3K3
CST Trust Company
2001 University Street
Montreal, QC H3A 2A6
If you have any questions, please contact us.
Why do I need a declaration of transmission?
CST Trust Company agents must have sworn information on the facts confirmed in the declaration of transmission in a form that, if required, will be acceptable evidence in court as to the information it contains.
Why do I need a waiver bond?
As established by provincial statute, the normal procedure for dealing with the estates of deceased persons is that the executors, or other personal representatives, obtain their authority from the courts by means of a grant of probate, letters of administration or other certificate of appointment.
The company that issued the securities being transferred has the discretion to waive this requirement. For example, the requirement for probate may be waived in exchange for a satisfactory indemnity bond.