Updates to Wills and Estates 5e (August 2022)
Rules of Civil Procedure
Please be advised that regulations introduced in Ontario in 2022 have affected the coverage of Rules of Civil Procedure in several chapters in this book, most notably chapter 9 and chapter 14. Emond Publishing will be undertaking to update the book into a revised 5th edition tentatively for 2023, to address this and other recent changes. In the meantime, the following notice from the Ontario Ministry of the Attorney General includes links to information that instructors will find useful:
On April 26, 2022, a regulation was filed to amend court rules and forms for estates proceedings in the Superior Court of Justice: O. Reg. 435/22, amending the Rules of Civil Procedure.
A summary of the regulation is available on Ontario’s Regulatory Registry at: 22-MAG007.
The revised estates forms are published on the Ontario Court Forms website.
The rule and form amendments come into effect on July 1st, 2022.
Court Services Division
Ministry of the Attorney General
New Forms for Applications
Chapter 9 / Applying for a Certificate of Appointment of Estate Trustee: As of January 1, 2022, the procedure to be used in applying for certificates of appointment of estate trustee, as well as any of the less common certificates of appointment, has been simplified with the introduction of a new, smaller, set of forms. The following table published by the Ministry of the Attorney General outlines the new or revised forms:
http://ontariocourtforms.on.ca/static/media/uploads/courtforms/civil/o-reg-709-21-rcp-form-and-rule-amendment-changes.pdf
The estate forms in place up to December 31, 2021 will no longer be accepted by the court, with the exception of older affidavits of execution of a will or codicil (old Form 74.8 or 74.08) and affidavits of condition of will or codicil (old Form 74.10).
Spouse’s Preferential Share
The spouse’s preferential share (the amount that automatically goes to a surviving spouse in the event of the death of a spouse where there is no will) changed in Ontario on March 1, 2021 from $200,000 to $350,000. Please note this change for the following pages. The text will be updated when it is reprinted.
• Chapter 4: Pages 63-65, 72, 74
• Chapter 7: Page 129
• Chapter 8: Pages 155
Miscellaneous Updates
Chapter 8 / Preliminary Steps
Page 141, paragraph 3: Change Mr. Larise to Mr. Tremblay: “…and an authorization and direction from Mr. Tremblay.”
Page 149, figure 8.6: Estate administration tax should be changed from $2,725 to $2,475.
Page 150, figure 8.7: In main paragraph, amount should be changed from $2,725 to $2,475.
Chapter 9 / Applying for a Certificate
Page 160, figure 9.1: Under “county or district,” the information “Municipality of Metropolitan Toronto” can be removed.
Page 167, paragraph 3: Signature of Deponent should be changed from Mr. Larise to Mr. Tremblay.
Page 181, middle of form: “In person” box should be checked off.
Chapter 14 / Challenging the Conduct of the Estate Trustee
Page 307, top paragraph, fee should be changed from $390 to $407.