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Notices/Forms Wills & Estates

(Also see Notices/Forms Civil)

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Bare trusts are exempt from trust reporting requirements for 2023 - March 28, 2024

White v White, 2023 ONSC 7286 (CanLII) - Justice Myers - (4) Has the scope of s. 9 and peoples’ entitlement to look for a deceased person’s testamentary documents changed with the enactment of s. 21.1 of the SLRA? [6] The issue in this case is whether a possible beneficiary is entitled to compel disclosure of documents in the possession of a lawyer for a deceased person to look for evidence to see if any paper or writing held by the lawyer might be sufficiently close to a will to be recognized as a will under the new authority under s. 21.1 of the SLRA. [33]  No one knows with certainty yet whether there are any limits on the types of documents that might be recognized as wills or what limits may apply. [57]  In any event, I am prepared to order the disclosure in light of the positions of the interested parties.
[58]   I wish to be clear that this decision is very fact specific. In considering the relationship between s. 9 of the Estates Act and s. 21.1 of the SLRA, I am concerned about the risk of unleashing unintended or unanticipated consequences that may be harmful.

Recent notices

Estate Forms under Rule 74 and 75 of the Rules of Civil Procedure - O Reg. 388/23 amendments effective April 1, 2024 - new form 74G, amended forms 74F, Affidavit Regarding a Holograph will, 74A, 74.1A, 74J Table of Amendments  Information Form

Virtual Verification of Client Identity (LSO) - new rules begin January 1, 2024

Notice to the Professions: Virtual Verification of Client Identity with Authentication - July 27, 2023 

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

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