How to Amend Probate in Ontario, Canada?

Question from Steve, How to Amend Probate in Ontario, Canada?

Answer from AI:

What “Amending Probate” Means in Ontario

Probate is the court process that confirms a will is valid and gives the named Estate Trustee (Executor) the legal authority to deal with the deceased’s assets. Once a probate order is issued, it can be altered if a mistake is discovered, a new will or codicil is found, or other circumstances require a change. This is called amending the probate.

Common Reasons to Seek an Amendment

• Clerical errors in the original probate order (e.g., misspelled names, incorrect dates).
• Discovery of a later‑dated will or codicil that changes the distribution.
• New assets or liabilities that were not known at the time of the original application.
• Court‑ordered changes (e.g., a challenge to the will that results in a different outcome).

Steps to Amend Probate in Ontario

1. Prepare the Application

   • Complete the appropriate court form, usually Form 7A – Application to Amend a Grant of Probate (available on the Ontario Courts website).
   • Attach supporting documents, such as:
     • The original will and any newly discovered codicils or wills.
     • A copy of the original probate grant.
     • An affidavit or statutory declaration explaining why the amendment is needed.
     • Any new asset schedules, valuations, or other relevant evidence.

2. File the Application with the Superior Court of Justice

   • File the documents in the court location where the original probate was granted (the county or district court).
   • Pay the required filing fee (the amount is set by the Ontario Court Fees Act).

3. Serve Notice on Interested Parties

   • Under the Courts of Justice Act and the Rules of Civil Procedure, you must give notice of the amendment application to all beneficiaries, legatees, and any other parties who had a right to notice in the original probate.
   • Service can be done personally, by registered mail, or by an approved electronic method, depending on the court’s rules.

4. Court Review and Possible Hearing

   • The judge will review the application and supporting materials.
   • If the amendment is straightforward (e.g., correcting a typographical error), the court may issue an order without a hearing.
   • For more substantive changes (e.g., a new will that alters beneficiaries), a hearing may be scheduled so that all parties can be heard.

5. Obtain the Amended Grant

   • Once the court approves the amendment, it will issue an Amended Grant of Probate.
   • The Estate Trustee should keep both the original and amended grants in the estate’s records and use the amended grant when dealing with banks, land registries, and other institutions.

Key Legislation and Rules

• Courts of Justice Act, R.S.O. 1990, c. C.43 – governs the jurisdiction and powers of the Superior Court in probate matters.
• Rules of Civil Procedure, O. Reg. 450/07 – sets out procedural requirements for filing and serving court documents.
• Probate Rules, O. Reg. 484/07 – provides specific rules for probate applications and amendments.

You can review the statutes directly through the Ontario e‑Laws portal:

• Courts of Justice Act – Ontario e‑Laws
• Probate Rules – Ontario e‑Laws

When to Seek Professional Help

Amending probate can involve nuanced procedural steps and may affect the rights of beneficiaries. While the above outline gives a general roadmap, consulting a lawyer who specializes in estates and trusts is advisable to ensure the amendment complies with all legal requirements and to address any disputes that may arise. A legal professional can also help draft the necessary affidavits, manage service of notice, and represent you at any court hearing.