2022 Changes To Ontario Probate Form 74B

Form 74B is a new Ontario estate court form effective January 1, 2022, replacing probate Forms 74.6 and 74.16. This article reviews the changes in detail.

Changes to Ontario Probate Form 74B

Form 74B Affidavit of Service replaces: 

  • Form 74.6 Affidavit of Service of Notice (Certificate of Appointment of Estate Trustee with a Will) 
  • Form 74.16 Affidavit of Service of Notice (Certificate of Appointment of Estate Trustee without a Will)

Consistent with the changes seen in the Application for Certificate (or Confirmation) of Appointment of Estate Trustee Form 74A and Form 74J, these new forms effective January 1, 2022, consolidate multiple forms into one. Whether the deceased died testate or intestate, the same form should be used. The applicants will be required to check the appropriate box to denote whether the application is one with a will, without a will, or with a will limited to the assets referred to in the will.

Changes of note include:

  • Paragraph 1 must be modified to correctly specify whether or not there is a will in the estate.
  • The deponent will be required to check the appropriate box depending on the situation.
  • The affidavit refers to serving the application, whereas it previously referred to serving the Notice on the beneficiaries.
  • Since this form consolidates the deprecated Forms 74.6 and 74.16 (Affidavit of Service of Notice with and without a will), the deponents must delete or strike Paragraphs 5 and 6 if there is no Will.
  • Paragraphs 6 and 7 may be deleted or struck as appropriate.

Important change: previously, with Form 74.6 and Form 74.16, only one of the applicants was required to swear or affirm the Affidavit of Service, though multiple applicants could if they so chose. Form 74B specifically requires that if there is more than one applicant, each one must sign the affidavit on a separate sheet.

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