This past year was a busy one for your Section Executive and we want to provide you with this somewhat dry, yet very informative update on current and upcoming legislative changes and public affairs issues.
Changes to Probate Forms and Procedures
On January 1st of this year, broad changes were made to Rule 74 of the Rules of Civil Procedure and to the corresponding probate forms. Immediately, issues began to be noted by practitioners and communicated to our Section Executive. In response, a subcommittee was formed to collect and compile comments and questions on the new processes and forms, which were then communicated to our contacts at the Ministry of the Attorney General.
Various problems were quickly addressed through non-substantive changes to the forms, while other substantive changes, requiring legislative amendments, were put in place on July 1st, when O. Reg. 435/22 was passed. A detailed summary of the changes can be found at: https://ontariocourtforms.on.ca/static/media/uploads/courtforms/civil/summary_of_rcp_amendment_regulation_o.reg._435_22_amending_estate_court_rules_and_forms.pdf
The Court Services Division also made it possible for practitioners to sign up to receive automatic updates of the Estates Procedures Manual, which provides guidance on various types of applications and corresponding informational and documentary requirements, as well as instructions on completing probate forms. In the past, practitioners were able to request a copy, however there was no notification system in place for changes to the manual. Going forward, practitioners who have signed up, by sending an email to csdmanual@ontario.ca, will be notified when the manual changes and will be automatically provided with a copy.