As of January 1, 2022, new estate forms are required for probate applications in Ontario. O. Reg. 709/21, filed in October 2021, aligns the Ontario estate court forms with the amendments to the Succession Law Reform Act (SLRA) made through the Accelerating Access to Justice Act, Schedule 9, which received Royal Assent in April 2021.
Namely, these amendments permitted audio-visual communication technology for the execution of documents and repealed the provision that automatically revoked a will upon marriage. Additionally, this Bill eliminated property rights on death to separated spouses.
This streamlines the Rule 74 probate process by consolidating 43 forms into 8 and making administrative changes to 15 court forms.
Most notably:
A single Application for Appointment as Estate Trustee (Form 74A) replaces six forms and eliminates the Notices of an Application (Forms 74.7 and 74.17).
One Application after proceedings have been initiated (Form 74J) replaces an additional six forms
The following conditions no longer require a different form:
Whether the applicant is a person or corporation
Whether there is a will or not
Whether the certificate is limited to the assets referred to in the will or not
To learn more about the changes, see details below.
1. Application for a Certificate of Appointment of Estate Trustee
Form 74A Application for a Certificate of Appointment of Estate Trustee replaces:
Form 74.4 Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant)
Form 74.4.1 Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) Limited to the Assets Referred to in the Will
Form 74.5 Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant)
Form 74.5.1 Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) Limited to the Assets Referred to in the Will
Form 74.14 Application for Certificate of Appointment of Estate Trustee without a Will (Individual Applicant)
Form 74.15 Application for Certificate of Appointment of Estate Trustee without a Will (Corporate Applicant)
Form 74.7 Notice of an Application for a Certificate of Appointment of Estate Trustee with a Will
Form 74.17 Notice of an Application for a Certificate of Appointment of Estate Trustee without a Will
Form 74.8 Affidavit of Execution of Will or Codicil becomes Form 74D
Form 74.9 Affidavit Attesting to the Handwriting and Signature of a Holograph Will or Codicil becomes Form 74F
Form 74.10 Affidavit of Condition of Will or Codicil becomes Form 74E
Form 74.20.2 Nomination of Applicant by Foreign Estate Trustee becomes Form 74K
Form 74.32 Bond – Insurance or Guarantee Company becomes Form 74L
Form 74.33 Bond – Personal Sureties becomes Form 74M
Form 74.34 Registrar's Notice to Estate Trustee Named in a Will or Codicil Deposited with the Court becomes Form 74N
Form 74.35 Registrar's Notice to Applicant in an Application for a Certificate of App ointment of Estate Trustee becomes Form 74O
Form 74.3 Request for Notice of Commencement of Proceeding becomes Form 74P
Renumbered Ontario forms for 2022
Meanwhile, the following Small Estate Certificate forms have been updated to clarify wording and to add a new field to collect the deceased's county/district of residence.
Form 74.1A Application for a Small Estate Certificate
Form 74.1B Request to file an Application for a Small Estate Certificate or an amended Small Estate Certificate
Form 74.1C Small Estate Certificate
Form 74.1E Application to Amend Small Estate Certificate
This and all other 2022 Ontario Probate form changes are now published and available in Estateably. Want to see how Estateably can save you and your practice hours by automating forms, precedents, and accounting? Book a 40-minute demo here or contact us to get started!
More Articles
Estate Administration
Smarter Estate Administration: Find Your Competitive Edge With AI
.jpeg)
