Updates to Ontario Estate Forms Coming on July 1, 2022
On July 1, 2022, ten Ontario estate forms will come into effect pursuant to O. Reg. 435/22.
Of significance, both Forms 74A (Application for Certificate of Appointment of Estate Trustee) and 74.1A (Application for a Small Estate Certificate) include a new section requiring an explanation if the date for a Will or codicil is missing. Specifically, the section states: “If the date for a Will or codicil is missing, explain here or in an attached schedule how the date was determined.”
Searching the Canada Will Registry is an effective, thorough, and cost-effective way to prove you’ve done your due diligence to search for a missing will. The Canada Will Registry contains hundreds of thousands of registered wills across Canada and after each search, you will receive a Search Certificate that you can include as evidence in the schedule for Part 2 of Forms 74A and 74.1A.
The Canada Will Registry provides two types of searches - a Standard Search and a Combined Search.
The Standard Search produces a Search Certificate as confirmation a due diligence search was completed, and if the search matches a will registered by a law firm, the law firm is provided 30 days to reach out and connect with the searcher directly.
The Combined Search provides all of the benefits of the Standard Search, plus the system checks for any unregistered wills by publishing a Knowledge of a Will notice which is sent to numerous law libraries, societies, partners, and law firms directly. A Knowledge of a Will notice also allows you to search for a will created only after a certain date (e.g., wills later than May 15, 1997) and it can include the Testator’s occupation. In addition to the Search Certificate, you are also provided with an affidavit of publication for your Knowledge of a Will notice, which you can include in the schedule for Part 2 of Forms 74A and 74.1A.
To complete a Standard or Combined Search of the Canada Will Registry, click here.
About the Canada Will Registry
The Canada Will Registry is a national registry of hundreds of thousands of wills, POA’s and codicils for Canadians. Operated by NoticeConnect, the service is critical in connecting stakeholders with the legal profession to ensure the latest wishes of a Testator/Will Maker are captured and acted upon.
