On December 14, 2023, Ontario Regulation 388/23 was filed to amend the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (“Rules”) and forms for Estate Court proceedings in the Superior Court of Justice.
The regulation will come into effect on April 1, 2024. The main objective is to simplify the probate application processes.
The amendments are as follows:
Form Amendments
- Form 74F, which is now named Affidavit Attesting to the Handwriting and Signature of a Holograph Will or Codicil, amended to Affidavit Regarding a Holograph Will or Codicil; [1]
The amendments are mainly to expand the information that may be relevant to the issue of the validity of a holograph will.
- Forms 74G (Renunciation) and Form 74H (Consent) dated September 1, 2021, are revoked;
- New Form 74G (Renunciation and Consent) is created;
This form is a combination of Forms 74G and 74H and provides instructions on when a renunciation and when a consent should be filed and reduces the number of forms that must be prepared and filed to demonstrate the consent of beneficiaries and renunciation of persons who are entitled to act as estate trustees.[2]
- Consequential amendments to Forms 74A (Application for a Certificate of Appointment of Estate Trustee) and 74J (Application for Certificate or Confirmation of Appointment) to replace Form 74H with a new reference to New Form 74G;
- Form 74.1A (Application for Small Estates Certificate) consequential amend to replace Form 74H with a new reference to New Form 74G, and it removes the optional line about a will with the assets referred to in the will since this type of will cannot be probated through a small estate application.[3]
Rule Amendments
Rules 74.04(1)(e)(f), 74.06(1) (b)(c), 74.07(1)(b) and 74.11(6) of the Rules are amended to replace the references to Form 74H with a reference to the new Form 74G.[4]
It is recommended for estate practitioners to be diligent and be familiar with the amendments to reduce risk of applicant errors, thereby reducing the risk of refusal to grant a probate certificate due to missing form filings.[5]
A summary of all of the amendments can be found on the Ontario Regulatory Registry.
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[1] Ontario’s Regulatory Registry
[2] Ontario’s Regulatory Registry
[3] Ontario’s Regulatory Registry