Notice of Objection in Ontario: How to Object to a Certificate

If you think someone is about to apply for probate and you disagree with the will or with who is applying, you may want a way to be heard before the court gives anyone authority over the estate. In Ontario, a notice of objection is that first step.

This article explains who can object, how the form works, and what the applicant must do once an objection is filed. What happens afterward depends on the facts, so a lawyer can help you plan the next steps.

What a notice of objection is

Probate is the court process that results in a certificate of appointment of estate trustee. A notice of objection is a short court form that tells the court someone disputes that application. Under Rule 75.03(1), the right to object arises before the certificate is issued.

It is not a full lawsuit.

Who can file one and how

Anyone who appears to have a financial interest in the estate may object. Whether your interest is enough in your situation is worth confirming with a lawyer.

• Use the Notice of Objection, Form 75.1.
• File it with the registrar or the Estate Registrar for Ontario.
• State the nature of your interest in the estate and the nature of your objection.

Be specific about your reasons. Typical grounds include doubts about capacity, undue influence, or whether the will was properly signed, though the form itself asks you to describe your own objection.

What happens after you file

If the Registrar tells a probate applicant that a Notice of Objection (Form 75.1) has been filed, the applicant must send a notice to the objector on Form 75.3. The applicant must then file a copy of it with the court along with an affidavit of service.

From there, the matter may become a contested estate. In the Toronto Region, the Estates List of the Superior Court of Justice hears estate, trust and capacity matters, and Rule 75.06 gives the court considerable discretion and flexibility in setting a process. Before the court requires a will to be formally proved, the person challenging it must adduce, or point to, some evidence that, if accepted, would call the will's validity into question, which is a minimal threshold.

Related steps to consider

An objection does not replace other deadlines. For example, a dependant support application cannot be made more than six months after the grant of letters probate or of administration, although the court may allow a late application against any undistributed part of the estate.

What to do next

• Confirm whether a probate application has been made or is expected.
• Gather the will, any earlier wills and records that show your interest.
• Write out your reasons for objecting in plain terms.
• Complete Form 75.1 and file it before any certificate is issued.
• Speak with a lawyer about evidence and next steps.

Frequently asked questions