2022 Ontario Probate Form Changes
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Namely, these amendments permitted audio-visual communication technology for the execution of documents and repealed the provision that automatically revoked a will upon marriage.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
Click here for more details and important considerations about form 74A.
2. Application for a Certificate of Appointment of Estate Trustee (after proceedings have been initiated)
Form 74J Application for a Certificate or Confirmation of Appointment of Estate Trustee replaces:
- Form 74.21 Application for Certificate of Appointment of Succeeding Estate Trustee with a Will
- Form 74.21.1 Application for Certificate of Appointment of Succeeding Estate Trustee with a Will Limited to the Assets Referred to in the Will
- Form 74.24 Application for Certificate of Appointment of Succeeding Estate Trustee without a Will
- Form 74.20.1 Application for Certificate of Appointment as a Foreign Estate Trustee’s Nominee as Estate Trustee without a Will
- Form 74.30 Application for Certificate of Appointment of Estate Trustee During Litigation
- Form 74.27 Application for Confirmation by Resealing of Appointment or Certificate of Ancillary Appointment of Estate Trustee
Click here for more details and important considerations about form 74J.
3. Affidavit of Service
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)
Click here for more details and important considerations about form 74B.
4. Certificate of Appointment of Estate Trustee
Form 74C Certificate of Appointment of Estate Trustee replaces:
- Form 74.13 Certificate of Appointment of Estate Trustee with a Will
- Form 74.13.1 Certificate of Appointment of Estate Trustee with a Will Limited to the Assets Referred to in the Will
- Form 74.20 Certificate of Appointment of Estate Trustee without a Will
- Form 74.20.3 Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will
- Form 74.23 Certificate of Appointment of Succeeding Estate Trustee with a Will
- Form 74.23.1 Certificate of Appointment of Succeeding Estate Trustee with a Will Limited to the Assets Referred to in the Will
- Form 74.26 Certificate of Appointment of Succeeding Estate Trustee without a Will
- Form 74.29 Certificate of Ancillary Appointment of Estate Trustee with a Will
- Form 74.31 Certificate of Appointment of Estate Trustee During Litigation
Click here for more details and important considerations about form 74C.
5. Renunciation
Form 74G Renunciation replaces:
- Form 74.11 Renunciation of Right to a Certificate of Appointment of Estate Trustee (or Succeeding Estate Trustee) with a Will
- Form 74.18 Renunciation of Prior Right to a Certificate of Appointment of Estate Trustee without a Will
Click here for more details and important considerations about form 74G.
6. Consent
Form 74H Consent replaces:
- Form 74.12 Consent to Applicant’s Appointment as Estate Trustee with a Will
- Form 74.12.1 Consent to Applicant’s Appointment as Estate Trustee with a Will Limited to the Assets Referred to in theWill
- Form 74.19 Consent to Applicant’s Appointment as Estate Trustee without a Will
- Form 74.22 Consent to Applicant’s Appointment as Succeeding Estate Trustee with a Will
- Form 74.22.1 Consent to Applicant’s Appointment as Succeeding Estate Trustee with a Will Limited to the Assets Referred to in the Will
- Form 74.25 Consent to Applicant’s Appointment as Succeeding Estate Trustee without a Will
Click here for more details and important considerations about form 74H.
7. Orders
Form 74I Order in an Estates Proceeding replaces:
- Form 74.13.2 Order for a Certificate of Appointment of (Succeeding) Estate Trustee with a Will Limited to the Assets Referred to in the Will
- Form 74.36 Order to Accept or Refuse Appointment as Estate Trustee with a Will
- Form 74.37 Order to Accept or Refuse Appointment as Estate Trustee without a Will
- Form 74.38 Order to Consent or Object to a Proposed Appointment of an Estate Trustee
- Form 74.39 Order to File a Statement of Assets of the Estate
- Form 74.40 Order to Beneficiary Witness
- Form 74.41 Order to Former Spouse
- Form 74.42 Order to Pass Accounts
Click here for more details and important considerations about form 74I.
8. Administrative Changes
The following forms are renumbered:
- 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
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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
- Form 74.1F Amended Small Estate Certificate
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