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Wills & Estates

Can a passing of accounts be approved entirely on affidavit evidence without an in-person hearing in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, this is common where the accounts aren't actually disputed. Where every interested party has been given proper notice, no one has filed a formal objection, and the accounting itself appears complete and properly supported, a passing of accounts can often proceed and be approved based on the written material filed with the court — the accounts themselves, supporting affidavit evidence, and confirmation that notice requirements were met — without everyone needing to show up for an in-person hearing.

This uncontested route is significantly faster and less costly than a hearing, which matters given that a contested passing can otherwise involve real legal expense that eats into what beneficiaries ultimately receive. It's precisely why trustees are encouraged to prepare clean, well-organized, properly supported accounts from the outset — an accounting that raises obvious questions is less likely to move through this streamlined path.

The moment a genuine objection is filed, though, this changes — the matter shifts toward requiring an actual hearing where the disputed items can be argued and tested, rather than being resolved on paper alone. Anyone hoping for the faster, affidavit-only route should focus on getting the accounting itself right, since that's what keeps a passing uncontested in the first place.

Key takeaways

  • Uncontested passings can often be approved on written and affidavit material without a hearing.
  • Proper notice and a complete, well-supported accounting are prerequisites for this streamlined path.
  • A filed objection generally shifts the matter toward requiring an actual hearing.
  • Getting the accounting right from the outset is what keeps the process uncontested.
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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