Filing a Notice of Objection to a Will in Ontario

If you have serious concerns about a will and probate has not been granted yet, you may not need to wait for a certificate to be issued before doing something about it. Filing a Notice of Objection to a will in Ontario can pause the probate process while the underlying dispute gets sorted out. It is one of the more practical tools available early in a will dispute, but it comes with real responsibilities once it is filed.

What a Notice of Objection Actually Does

Filing a Notice of Objection tells the court that someone disputes the will, or disputes who should be appointed as estate trustee. This procedure operates under Rule 75 of Ontario’s Rules of Civil Procedure, which governs will challenges and objections to probate applications. Once the objection is on file, the court registry generally will not issue a Certificate of Appointment of Estate Trustee while it remains outstanding, effectively freezing the formal probate process without requiring you to have already filed a full court application.

This is different from starting a full will challenge. Filing the objection itself does not require you to prove your case up front — it simply puts the court registry on notice that an appointment should not go ahead until the underlying dispute has been addressed, either through negotiation or a formal application.

When It Makes Sense to File One

A Notice of Objection is generally appropriate when:

• You have a genuine, specific concern about the will’s validity, not simply disappointment with the distribution
• Probate has not yet been granted, or you have reason to believe an application is about to be filed
• You need time to investigate further, such as gathering medical records or speaking to witnesses, before committing to a full will challenge

It is not meant to be used as a delay tactic without a genuine basis, and courts can take a dim view of objections filed without real grounds.

The General Process

1. Confirm the estate and court location. You will need to know which Superior Court of Justice office is, or will be, handling the estate.
2. Prepare and file the Notice of Objection. This is done with the court, identifying who is objecting and the general nature of the concern.
3. The registry notes the objection. Once filed, the court will not issue a certificate of appointment while it remains outstanding.
4. Follow through with next steps. An objection alone does not resolve anything; it buys time. You will generally need to either negotiate a resolution or move toward a formal court application if the dispute cannot be settled.

What Happens After You File

An objection is not permanent or automatically enforced forever. It can end in a few ways:

• You withdraw it, once concerns are resolved or a settlement is reached
• The court removes it, if the person seeking probate applies to have it set aside and succeeds
• It lapses under the court’s own rules if it is not followed up on within the timeframe those rules allow; ask a lawyer about the current time limits, since court rules on this point can change and should be verified before you rely on them

Practical Realities to Keep in Mind

• Filing an objection does not itself prove anything about the will’s validity; it simply preserves the status quo while the dispute is addressed.
• Someone seeking probate can apply to the court to have a groundless objection removed, which can create cost consequences for the person who filed it.
• An objection is generally most useful as a short-term tool alongside real steps toward resolving the underlying dispute, not as a standalone strategy.

Frequently asked questions