There have been many changes to the legal profession in the last year and a half. In Ontario estate matters, we have seen significant changes specifically to the process of obtaining a certificate of appointment of estate trustee, including the process of filing probate applications by email and the process of applying for probate for a “small estate”.
Another change, a substantial one, to the process of applying for a certificate of appointment of estate trustee becomes effective on January 1, 2022.
On October 15, 2021, Ontario Regulation 709/21 was filed, which amends the process of obtaining a Certificate of Appointment, as outlined in the Rules of Civil Procedure.
This new process, which comes into effect on January 1, 2022, streamlines the process of obtaining a Certificate of Appointment of Estate Trustee by revoking Rule 74.04 and Rule 74.05, and providing one set of requirements for applications with or without a will.
In addition, the applicant is required to serve every person entitled to share in the distribution of the estate, including charities and contingent beneficiaries, with (i) the application for a certificate of appointment (including any attachments), and (ii) if there is a Will, then a copy of the Will or Codicil. It should be noted that if the person is entitled only to a specified item or stated or determinable amount of money, a copy of the applicable portion of the Will or Codicil will suffice.
In streamlining this process, the content of 43 estate court forms have been consolidated into 8 new estate court forms and amendments have been made to 15 estate court forms, with a simpler format, better guiding language, and numbering the forms alpha-numerically for easier identification.
Further, this new process aligns the estate court forms with the Succession Law Reform Act amendments (which also come into effect on January 1, 2022), where spousal relationship information is collected with modifications to align with the recent legislative amendments relating to a will made prior to marriage and relating to a separated spouse’s entitlements.
It is expected that this new process will reduce costs and simplify the process of obtaining probate. As a result, the streamlining of this process will likely make it easier, cost effective and more accessible for those unfamiliar with estate administration to obtain a certificate of appointment of estate trustee.
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