Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Regulation - Minister
Bill or Act:
Courts of Justice Act
Summary of Decision:
This regulation amending Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure) is available online at: https://www.ontario.ca/laws/regulation/r23188
Analysis of Regulatory Impact:
There are no new administrative costs anticipated in relation to this proposal.
Summary of Proposal:
The regulation amends the Rules of Civil Procedure (RCP) to amend 3 probate application forms (Forms 74A, 74.1A and 74J) and create a new transition rule to permit service and filing of the old forms and new forms for a specified period.
The changes are expected to make it easier and less costly for applicants to complete probate applications and reduce errors in the applications, thereby facilitating the review and resolution of issues by judges and court staff. The transition rule is expected to reduce confusion about service and filing requirements and spare the time and expense which would otherwise be incurred to address the filing of the wrong versions of forms.
1) Form amendments
Forms 74A, 74J and 74.1A are amended to:
- provide estate court users with more guidance on the necessary disclosures relating to a deceased's relationships and potential estate beneficiaries;
- improve question and section flow, by moving Part 3 to Part 7 and breaking certain questions down into shorter questions;
- allow space on the form for certain answers, removing the need to attach a schedule;
- remove the need to duplicate information in two different sections;
- allow applicants to more easily disclose a court order which was made appointing them as an estate trustee and dispensing with the requirement to post a bond;
- clarify that consents and renunciations do not need to be attached to the copy of the application which is served on the beneficiaries;
- provide guidance on the documents and information which should be submitted in support of an application for a Certificate Limited to the Assets referred to in a Will;
- inform beneficiaries that the estate value disclosed in the application does not necessarily reflect the amount that will be available for distribution to beneficiaries; and
- highlight form instructions to improve readability.
The new forms 74A, 74.1A and 74J (May 2023 versions) can be prepared and served as of July 6, 2023. The new forms 74A and 74J can be filed as of July 6, 2023 and the new form 74.1A can be filed as of August 8, 2023.
The old versions of the forms (February 2022 versions) can be filed until November 3, 2023 in accordance with the rule amendment below.
2) Rule amendment
The regulation introduces a new transition subrule to authorize service and filing of the old probate application forms for a defined period.
The new rule 1.06(3) provides a formal grace-period to permit the use of completed and commissioned old (February 2022 version) application forms:
o Old Form 74A and 74J application forms: Applicants can serve and file the February 2022 versions of these application forms until November 3, 2023.
o Old Form 74.1A forms: Applicants can serve the February 2022 version of this form until October 2, 2023 and can file it until November 3, 2023.
Rule 1.06(3) is revoked on November 4, 2023.
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 7th Floor
Toronto, ON M7A 2S9
July 6, 2023