- A beneficiary can file a Notice of Objection (Form 75.1), and court staff then notify the person applying for the certificate.
- In one reported case, because of an objection the registrar could not issue probate and an order from a judge was required.
- Withdrawing the objection ends the delay it caused.
- Repeated objections can be challenged by a motion to test whether the objector has standing.
You may have learned that someone is applying to be the estate trustee under a will you dispute. You worry that once the court issues a certificate, the estate will be handled and assets moved before your concerns are heard.
A notice of objection is the tool built for this situation. This article explains in plain language what it does, the forms that follow, and what to expect. Procedures have been amended recently, so confirm current details with a lawyer.
What a notice of objection does
When a person applies for a certificate of appointment of estate trustee (commonly called probate), the court normally issues it through the registrar. A notice of objection interrupts that route. In one reported case, because of the objection the registrar could not issue probate and an order from a judge was required.
It is a way to say: do not proceed on this will without the court dealing with my concerns. How this plays out in your situation depends on the facts, so it is worth confirming with a lawyer.
Who files and what happens after
A beneficiary files a Notice of Objection (Form 75.1). Court staff then notify the applicant. The applicant must send the objector a notice to objector (Form 75.3) and file it with the court along with an affidavit of service. The application for a certificate also requires the deceased's original will, if any.
| Step | What happens |
|---|---|
| Objector files | Notice of Objection (Form 75.1) |
| Court staff | Notify the applicant |
| Applicant | Sends notice to objector (Form 75.3) and files it with an affidavit of service |
| Court | In one reported case, a probate order from a judge was required rather than issue by the registrar |
Exact steps and time limits can change, so they may differ from older descriptions you find online. Check current requirements with a lawyer.
Fees, children and what comes next
The Ministry of the Attorney General fee list, updated April 9, 2026, shows $94.00 for a notice of objection other than to accounts. A separate $93.00 fee is listed for a notice of objection to accounts. Fees can change, so confirm before filing.
If the dispute affects a child's interest, the Office of the Children's Lawyer must be served in matters such as will challenges and interpretation.
Mandatory mediation under Rule 75.1 applies to specified estate proceedings, including contested passing of accounts and claims against an estate. Mediation directions normally form part of a Rule 75.06 motion for directions. In the Toronto Estates List, if an objection is received and not withdrawn, parties who agree on terms can still obtain a consent order giving directions at a 9:30 a.m. scheduling appointment.
How long does an objection last?
The length of time an objection stays in effect depends on current rules and on what happens in the case, so we cannot give you a fixed period. What the case law shows is that an objection can end when it is withdrawn, which ends the delay and complication it caused.
Objections are not a free pass to delay. An estate trustee can bring a motion to test whether an objector has standing to keep pursuing objections where repeated objections delay administration. If you object, be ready to explain your interest and move the matter forward.
Protecting assets and costs
If you worry property will be distributed, interim preservation is considered under Rules 45.01 and 45.02, looking at whether the assets are the subject of the dispute, whether there is a serious issue to be tried, and the balance of convenience. One reported preservation application failed at the threshold, and the losing party was ordered to pay costs.
Estate litigation follows the ordinary civil costs regime, and costs come out of the estate only in limited public policy cases. Think about costs before escalating.
What to do next
- Confirm whether an application for a certificate has actually been filed and by whom.
- Collect the reasons you dispute the will, with documents and dates.
- Check the current forms and time limits with a lawyer, since the rules were amended.
- Keep copies of everything you file and every notice you receive.
- Decide whether you will ask for directions, mediation, or preservation of assets.
Frequently asked questions
What form do I file to object?
A beneficiary files a Notice of Objection (Form 75.1). Court staff then notify the applicant, who must send you a notice to objector (Form 75.3).
Does an objection stop probate?
In one reported case, because of the objection the registrar could not issue probate and a probate order from a judge was required. How this applies to your situation depends on the facts, so it is worth confirming with a lawyer.
Can the executor challenge my objection?
In some situations. An estate trustee can bring a motion to test whether an objector has standing to keep pursuing objections where repeated objections delay administration. Whether that applies to your objection depends on your situation, so it is worth confirming with a lawyer.
Is mediation required?
Mandatory mediation under Rule 75.1 applies to specified estate proceedings, including contested passing of accounts and claims against an estate. Whether it applies to your matter is worth confirming with a lawyer.
Sources
- Sawdon Estate v. Sawdon, 2014 ONCA 101 — ontariocourts.ca
- Johnson v. Johnson, 2022 ONCA 682 — ontariocourts.ca
- Superior Court of Justice, Consolidated Practice Direction (Toronto Region), Part F.6 — ontariocourts.ca
- Ontario.ca, Apply for probate of an estate — ontario.ca
- Ducharme Estate v. Thibodeau, 2022 ONCA 661 — ontariocourts.ca
- Appleyard v. Zealand, 2022 ONCA 570 — ontariocourts.ca
- Ontario.ca, Civil court fees — ontario.ca
- Ontario.ca, The Office of the Children's Lawyer and estates and trusts matters — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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