Regulation - Other
Amendment to Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Regulation Number(s):
Rules of Civil Procedure, R.R.O. 1990, Reg. 194
Instrument Type:
Regulation - Other
Bill or Act:
Courts of Justice Act
Summary of Decision:
This regulation amends estate court rules and forms prescribed by the Rules of Civil Procedure (RCP) to simplify probate proceedings in the Superior Court of Justice. It amends an RCP form (Form 74F), revokes 2 forms (Forms 74G and 74H), creates a new form (Form 74G) and makes complementary amendments to 4 rules (rule 74.04, 74.06, 74.07 and 74.11) and 3 forms (Forms 74A, 74.1A and 74J).
1) Form amendments
Form 74F, Affidavit regarding a holograph will, is amended. The amendments:
- expand the guidance regarding the information that may be relevant to the issue of the validity of a holograph will.
- take the form of new optional statements to facilitate a determination of whether the deponent of the affidavit has a potential interest that may conflict with the interests of estate beneficiaries and reduce the need for judicial endorsements seeking such evidence.
Forms 74G Renunciation and Form 74H Consent dated September 1, 2021 are revoked.
Form 74G Renunciation and Consent is created. This form:
- combines the content of Forms 74G Renunciation and 74H Consent and provides instructions on when a renunciation and when a consent should be filed, reducing risk of applicant errors, thereby reducing the risk of refusal to grant a probate certificate due to missing form filings.
- reduces the number of forms that must be prepared and filed to demonstrate the consent of beneficiaries and renunciation of persons who are entitled to act as estate trustees.
Forms 74A and 74J are amended by:
- replacing the reference to Form 74H with a reference to the new Form 74G.
Form 74.1A is amended by:
- replacing the reference to Form 74H with a reference to the new Form 74G.
- removing the optional line about a will with the assets referred to in the will since this type of will cannot be probated through a small estate application.
As of April 1, 2024, the revised Forms 74A, 74.1A, 74F, and 74J and new Form 74G (dated November 1, 2023), must be filed with the Superior Court of Justice.
Before April 1, 2024, the revised Forms 74A, 74.1A, 74F and 74J and new Form 74G (dated November 1, 2023), will be accepted for filing.
2) Rule amendments
Rules r.74.04(1)(e)(f), 74.06(1) (b)(c), 74.07(1)(b) and 74.11(6) are amended to:
- replace the references to Form 74H with a reference to the new Form 74G.
1) Form amendments
Form 74F, Affidavit regarding a holograph will, is amended. The amendments:
- expand the guidance regarding the information that may be relevant to the issue of the validity of a holograph will.
- take the form of new optional statements to facilitate a determination of whether the deponent of the affidavit has a potential interest that may conflict with the interests of estate beneficiaries and reduce the need for judicial endorsements seeking such evidence.
Forms 74G Renunciation and Form 74H Consent dated September 1, 2021 are revoked.
Form 74G Renunciation and Consent is created. This form:
- combines the content of Forms 74G Renunciation and 74H Consent and provides instructions on when a renunciation and when a consent should be filed, reducing risk of applicant errors, thereby reducing the risk of refusal to grant a probate certificate due to missing form filings.
- reduces the number of forms that must be prepared and filed to demonstrate the consent of beneficiaries and renunciation of persons who are entitled to act as estate trustees.
Forms 74A and 74J are amended by:
- replacing the reference to Form 74H with a reference to the new Form 74G.
Form 74.1A is amended by:
- replacing the reference to Form 74H with a reference to the new Form 74G.
- removing the optional line about a will with the assets referred to in the will since this type of will cannot be probated through a small estate application.
As of April 1, 2024, the revised Forms 74A, 74.1A, 74F, and 74J and new Form 74G (dated November 1, 2023), must be filed with the Superior Court of Justice.
Before April 1, 2024, the revised Forms 74A, 74.1A, 74F and 74J and new Form 74G (dated November 1, 2023), will be accepted for filing.
2) Rule amendments
Rules r.74.04(1)(e)(f), 74.06(1) (b)(c), 74.07(1)(b) and 74.11(6) are amended to:
- replace the references to Form 74H with a reference to the new Form 74G.
Analysis of Regulatory Impact:
There is no regulatory impact to business anticipated in relation to this proposal.
Further Information:
O. Reg. 388/23: RULES OF CIVIL PROCEDURE
Proposal Number:
23-MAG009
Posting Date:
Summary of Proposal:
Contact Address:
Ministry of the Attorney General
Court Services Division
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9
Court Services Division
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9
Effective Date:
April 1, 2024
Decision:
Approved