Can I Freeze an Estate or Stop Probate in Ontario While We Dispute the Will?

A person with a financial interest may object before probate is granted. Before a certificate of appointment of estate trustee is issued, anyone who appears to have a financial interest can object under Rule 75.03(1) by filing a Notice of Objection (Form 75.1) with the registrar or the Estate Registrar for Ontario, stating the nature of their interest and of the objection.

If the Registrar tells the applicant about the objection, the applicant must send you a notice (Form 75.3) and file a copy with the court along with an affidavit of service. You can also file Form 74P to ask the court to notify you when someone starts a proceeding involving the estate. Separately, once a personal representative has been served with a dependant support application, they must not distribute the estate until the court has decided it, unless everyone entitled to apply consents or the court orders otherwise.

In a dependant support case, the court may suspend administration of the estate in whole or in part. The court may also remove a personal representative, but removing a trustee the deceased chose is treated as serious. Whether any of this fits your situation is worth confirming with a lawyer.