Probate applications are governed by Rule 74 of the Rules of Civil Procedure and sweeping changes to the process came into effect on January 1, 2022 through the Accelerating Access to Justice Act, 2021. 

If you have not read my previous blog on the changes to the new probate application form, known as Form 74A, please start there for the A to these “A, B, C’s”.

The new Form 74B replaces the former forms for the affidavit service in a probate application.  The new Form 74B applies to all individual and corporate applicants in each of these three categories of probate applications:

1. Certificate of Appointment of Estate Trustee with a Will (the former Form 74.04);
2. Certificate of Appointment of Estate Trustee with a Will Limited to Assets Referred to in the Will (the Former 74.04.01)
3. Certificate of Appointment of Estate Trustee without Will (the former 74.14).

The notice requirements have not changed.  The new Form 74B appears to be reformatted so that it reads more clearly.

The new Form 74C is the new form of the probate certificate, and it is to be used for all categories of probate certificates under the Rules:

• Certificate of Appointment of Estate Trustee with a Will
• Certificate of Appointment of Estate Trustee with a Will Limited to the Assets Referred to in the Will
• Certificate of Appointment of Estate Trustee without a Will
• Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will
• Certificate of Appointment of Succeeding Estate Trustee with a Will
• Certificate of Appointment of Succeeding Estate Trustee without a Will
• Certificate of Appointment of Succeeding Estate Trustee with a Will Limited to the Assets Referred to in the Will
• Certificate of Appointment of Estate Trustee During Litigation
• Certificate of Ancillary Appointment of Estate Trustee with a Will
• Confirmation by Resealing of Appointment of Estate Trustee

The new Form 74A, 74B, and 74C can be downloaded from the province’s court services website: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/pre-formatted-fillable-estates-forms/

The old, obsolete forms can still be accessed here for comparison.

Thanks for reading!

Doreen So