Reseal a Foreign Grant of Probate in Ontario: When It Is Needed

When a relative dies abroad, or in another province, the estate may have been dealt with there already. A court in that place may have issued a grant naming who can act for the estate. Then you find out the person also owned a bank account, investments or property in Ontario, and the question is whether Ontario will accept the foreign document.

Often the answer is that an Ontario court step is needed. Resealing is one way that can work for certain places. This article explains what resealing is, which grants it covers, and the points to confirm with a lawyer, since the right route depends on where the grant came from and what the person owned here.

Why a foreign grant may not be enough on its own

A grant of probate is a court document that names who can act for an estate. Whether an Ontario institution or office will accept a grant from somewhere else depends on your situation, so it is worth confirming with a lawyer.

Ontario's own guidance says that if the deceased owned real property or assets held by a financial institution, the estate normally has to be probated. Where the person lived outside Ontario, the small-estate page directs you to contact the courthouse in the location where they owned Ontario property.

What resealing covers

Rule 74.08 of the Rules of Civil Procedure covers resealing in Ontario of an original appointment made in the United Kingdom, a Canadian province or territory, or a British possession (Commonwealth).

If the grant came from outside those places, do not assume resealing is available. Which route applies depends on your situation, so it is worth confirming with a lawyer.

Forms and what the court looks for

Under the 2021 amendments, the resealing application is on Form 74J. The old Form 74.27 and 74.28 forms are archived. Court forms can change, so make sure you download the current version before you fill anything in.

Form 74C, the draft certificate, has a Part 3 that records the issuing court, the date, and the country or province of the foreign or primary certificate. It is completed only for a foreign nominee certificate, a resealing, or an ancillary certificate.

• Details of the issuing court, the date of the grant, and the country or province.
• Information about who is entitled to share in the estate, since a lawyer can confirm what notice is needed.

The exact documents and any extra requirements for a resealing application are set by the rule and the current forms. Have a lawyer confirm them for your case.

Land and Ontario property

If the Ontario asset is land, the land registry has its own requirements. An applicant for transmission as estate trustee must state they are the estate trustee, executor or administrator. If a certificate of appointment was issued, the application names the court, file number and date and states the appointment remains in full force.

If no certificate was obtained because the estate is $50,000 or less, the application must say so, and a covenant to indemnify the Land Titles Assurance Fund (Form 54) is required. The bulletins that describe this are older, so a lawyer should confirm they remain current.

What to do next

• Get a copy of the foreign grant and note which court issued it and when.
• Identify where the grant came from, since that decides whether Rule 74.08 applies.
• List the Ontario assets: real property, bank accounts, investments, vehicles.
• Ask each institution what it needs; most will tell you whether a court step is required.
• Download the current court forms rather than using older copies, including Form 74J.
• Speak with an Ontario lawyer before filing, especially if the grant is from outside the UK, Canada or the Commonwealth.

Delays in dealing with Ontario assets can cost money, for example if property sits without insurance or taxes go unpaid. Starting early helps.

Frequently asked questions