TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Wills & Estates/Can someone withdraw a Notice…
Wills & Estates

Can someone withdraw a Notice of Objection to a will after filing it in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. A person who filed a Notice of Objection can withdraw it, and often does once they've had a chance to review the will file, get disclosure, or reconsider the strength of their concern. Withdrawal is generally straightforward: the person who filed it notifies the court and the other interested parties that they no longer object, which clears the way for the probate application to proceed once the withdrawal is on the record.

Withdrawing doesn't necessarily end the matter of costs. If the objection caused the estate to incur legal fees defending the will, or delayed the estate significantly, the estate trustee can ask the court to order the person who withdrew to pay some or all of those costs, particularly if the objection appears to have been filed without a reasonable basis. Courts have discretion here and consider the circumstances, including whether the objection was withdrawn promptly once new information came to light or only after significant expense had already been incurred. Anyone thinking about withdrawing an objection should get advice on how withdrawal might affect their exposure to costs, rather than assuming that walking away ends their involvement in the matter entirely.

Key takeaways

  • A Notice of Objection can be withdrawn at any time by the person who filed it.
  • Withdrawal clears the way for the probate application to proceed.
  • Withdrawing doesn't automatically avoid a costs order if the objection caused the estate expense.
  • Get advice on cost exposure before withdrawing, especially if significant legal fees were already incurred.
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.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →