With the new year upon us, it is important to mark in our calendars changes to estate court forms that will soon be implemented.

Effective April 1, 2024 are:

• Amendments to Form 74F, Affidavit Regarding a Holograph Will or Codicil
• Implementation of new Form 74G, Renunciation
• Consequential amendments to Forms 74A, 74.1A, and 74J (to reference new Form 74G)

Amended Form 74F

In regard to Holograph Wills, the main changes are deponents will now have to:

• check off whether listed statements apply to them – some of which are: “I am 18 years of age or older.”, “I am not named as a beneficiary of the estate” – and provide explanation for any statements not checked; and
• provide any other relevant information regarding the holograph will or codicil – this may include circumstances the deponent is aware of regarding its creation or execution.

New Form 74G

This Form will replace 74G Renunciation and Form 74H Consent, both dated September 1, 2021. As a result, deponents will now fill out which situation applies to them: this may be either or both.

Regarding Renunciation, this refers to the deponent renouncing the right to a Certificate of Appointment of Estate Trustee.

Regarding Consent, this refers to the deponent, whom is entitled to share in the distribution of the estate, consenting to (a) the application by the named applicant for a Certificate of Appointment of [chosen from applicable list]; (b) an order dispensing with the filing of an estate administration bond by the named applicant; or (c) an order reducing the amount of the estate administration bond payable by the named applicant to x amount.

For more detailed information on these changes, and the implementation of such, please refer to our upcoming Solicitor’s Tip and the summary chart here.

Thanks for reading!

Megan Zanette