New Probate Forms and Rules to be In Place as of January 1st, 2022

As most estate practitioners are aware, significant changes to the Succession Law Reform Act (“SLRA”) are coming into force on January 1^st, 2022.[1]   To reflect the substantive changes in the SLRA, the Ministry of the Attorney General has made important changes to the Rules of Civil Procedure regarding court rules and forms in probate applications.[2]  In the process of modifying existing forms, the Ministry of the Attorney General has also attempted to simplify the probate application process by reducing the number of forms, making them fillable and attempting to simplify the requirements of filing for probate.

Generally

The procedural updates primarily amend Rule 74 and forms under that rule, but also make ancillary changes to other rules to reflect the estate amendments and reference the new estate forms.  

Eight new court forms are created, while fifteen remaining forms see various administrative amendments.  All of these forms will receive new alphanumeric numbering, allowing for easier identification of the forms, with the most commonly used forms designated 74A to 74H. The forms can already be accessed online.[3]

After January 1^st, the old estate court forms will not be accepted for filing with two exceptions: Affidavits of Execution of Will or Codicil (74.8) and Affidavits of Condition of Will or Codicil (74.10).

The Ministry Court Services Division has provided summary of the rules at the Ontario Regulatory Registry website.[4]  As well, there is a comprehensive table comparing the old forms and procedure with the new forms and procedure.[5]

Lastly, the Ministry’s online guide to probate has been updated to provide basic guidance to applicants.[6]