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Notices/Forms Wills & Estates

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Recent notices

New Estate Forms under Rules 74 & 75 of the Rules of Civil Procedure are effective January 1, 2022. Link to New Forms.

NOTICE TO LEGAL PROFESSION - On October 15, 2021, a regulation was filed to amend court rules and forms for estates proceedings in the Superior Court of Justice: O. Reg. 709/21, amending the Rules of Civil Procedure. The regulation: 

  •  streamlines the Rule 74 probate process;
  • aligns the Rule 74 application forms with Succession Law Reform Act amendments to sections 15(a), 16, 17 and 43.1 that were made through the Accelerating Access to Justice Act, 2021, Schedule 9; and
  • makes administrative amendments to 15 estate court forms.

These estate court rule and form amendments will come into force on January 1, 2022. Summary. Link to New Forms.

Documents submitted to the court in electronic format – Document naming protocol  - Effective January 11, 2021. Below are sample document names:

Expert Report – Defendant – Loblaws Inc. – 13-MAR-2021
Financial Statement Form 13.1 – Respondent – A. Wong – 21-NOV-2021

11b Application  Defence  Nathanson  12-JAN-2021

Notice to the Profession – Civil Matters in the Superior Court of Justice, Central East Region (Effective January 4, 2021)  - November 17, 2021 section E amended -  March 8, 2021 Amendment: A request for a pre-trial on an action commenced at any location in the CE shall be made to  newmarket.civilpretrial@ontario.ca.

Consolidated Notice to the Profession, Litigants, Accused Persons, Public and the Media Re Expanded Operations of Ontario Superior Court of Justice - Effective May 19, 2020 (Latest amendment November 8, 2021 re filing instructions)

Commercial List and Estates List Filing Direction - August 17, 2020 (Updated March 15, 2021)

Order in Council Amending 0. Reg. 129/20 - April 22, 2020

O. Reg. 129/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - SIGNATURES IN WILLS AND POWERS OF ATTORNEY - April 7, 2020 Under the Emergency Management and Civil Protection Act 

COVID-19 Wills & Estate Planning (from Hull and Hull)

April 23, 2020 - Once again thanks to Ian Hull, for sharing the following practice points to assist you with will preparation during this time. Here is a link to some practice points for counterpart signing of wills: 

https://hullandhull.com/2020/04/witnessing-wills-and-poas-in-counterpart/


April 7, 2020 - Hull and Hull have shared their precedent checklist for conducting video wills and a precedent Form for the affidavit of execution on their blog: 

https://hullandhull.com/2020/04/witnessing-wills-and-poas-by-video-ontario-enacts-emergency-measures/

https://hullandhull.com/2020/04/witnessing-wills-by-video-affidavits-of-execution/

Free CPD on demand webcast (see link on Members Only page): Your Wills and Estates Practice and the COVID-19 Pandemic: What You Need to Know Right Now

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