Probate

Ontario overhauls probate application process

Experts divided over whether streamlined application forms will make applying easier.

The Ontario government has overhauled the province’s probate application process in an effort to simplify it and align it with changes to provincial estate law that take effect next year.

In mid-October, the province announced it was reducing the number of forms to 23 from 58, and reformatting them to feature a larger font, fillable text boxes and simplified language. The new forms will be effective Jan. 1, 2022.

The government is replacing 43 existing forms with eight new forms, while introducing a new unified procedure for filing for probate whether or not the deceased had a will. Under the current rules, different forms are required depending on whether a person died with or without a will.

The province is also making administrative changes to 15 current estate court forms to incorporate amendments to the province’s Succession Law Reform Act (SLRA) enacted in April, which come into force on Jan. 1, 2022.

The new forms and procedures also put a greater focus on ensuring beneficiaries learn about their potential entitlement in an estate, and expressly require that applicants confirm they have served notice of application with the Office of the Children’s Lawyer or the Office of the Public Guardian and Trustee in estates where minors and incapable adults are involved.

While these changes appear small, they are noteworthy and commendable because they shall make it easier for the government to protect the interests of vulnerable beneficiaries.

Information on the forms about where applicants and other parties with an interest in an estate can find free resources online about their rights under provincial estate law “should help Ontarians learn more about the probate process,

• Ontario take 12 months to 18 months to settle the estate after going through lengthy and gruesome process.

• Check with us how you can avoid probate so that your surviving loved ones get access to your investments, insurance claim faster and with lesser hassle.

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Source: advisor edge