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Wills & Estates

Can an estate trustee force someone who filed a Notice of Objection to either prove their case or drop it?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. An estate trustee (or proposed estate trustee) facing an outstanding Notice of Objection isn't required to simply wait indefinitely. They can bring a motion asking the Ontario Superior Court of Justice to require the objecting party to state their grounds properly and either move the challenge forward or have it dismissed. This commonly takes the form of a request for an order directing that the will be "proved in solemn form" — a formal court process requiring the will's validity to be established with evidence, rather than left in limbo by an unresolved objection.

Courts generally aren't willing to let an objection sit unaddressed while beneficiaries and the estate remain stuck, especially where the objecting party hasn't taken any real steps to advance their concern. If, once pressed, the objector cannot show a genuine, evidence-based basis for the objection, the court can dismiss it and allow the probate application to proceed. This process protects the estate from being held hostage by a bare objection while still giving a person with a real concern a fair opportunity to be heard. Anyone on either side of this situation should get legal advice early, since the strength of the evidence available often determines the outcome.

Key takeaways

  • An estate trustee can bring a motion to force an unresolved Notice of Objection forward.
  • The usual mechanism is asking the court to order proof of the will in solemn form.
  • Courts can dismiss an objection that isn't supported by a genuine evidentiary basis.
  • This process prevents an estate from being stalled indefinitely by an unaddressed objection.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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