Ontario probate / wills / executor question
February 27, 2022 7:28 PM Subscribe
I keep googling about this but every resource I find is the same level of vague (almost the same words) and this is way too tiny and stupid of a question to bother a lawyer about, so I'm hoping someone here knows. When an estate goes to probate in Ontario, the executor must notify the named beneficiaries. What types of 'notifications' are considered acceptable? Mail? Phone call? Something with a signature?
Ontario doesn't require the will to be read to the entire family or made public. Only the named beneficiaries are required to be notified.
Does there have to be any documentation that the beneficiary definitely did receive the notification? Could the executor just not notify the beneficiary and say they did? (In this case, the beneficiary wouldn't have had any idea they'd been named so they wouldn't be asking about the will at all.)
It would be great if I could find something on an official government website that clearly and specifically outlines the required notification procedures. If not a government site, a law firm site would also work. Personal experience is helpful too but not as solid. Thanks!
Ontario doesn't require the will to be read to the entire family or made public. Only the named beneficiaries are required to be notified.
Does there have to be any documentation that the beneficiary definitely did receive the notification? Could the executor just not notify the beneficiary and say they did? (In this case, the beneficiary wouldn't have had any idea they'd been named so they wouldn't be asking about the will at all.)
It would be great if I could find something on an official government website that clearly and specifically outlines the required notification procedures. If not a government site, a law firm site would also work. Personal experience is helpful too but not as solid. Thanks!
Response by poster: Thank you! If anyone's got anything to add I'd love to hear it but I think this answers my question: registered mail or some sort of proof that the beneficiary received the document (or proof that it was sent at all) is not required. This process is so weirdly convoluted and arcane yet also not in any way secure or proof against tampering.
posted by 100kb at 11:38 PM on February 27, 2022
posted by 100kb at 11:38 PM on February 27, 2022
If it's any reassurance, I received notice as a beneficiary from another Canadian jurisdiction via good old snail mail. IANAL but I'm guessing it wouldn't pass probate if the executor just vaguely waved their hands and said they couldn't track down the beneficiaries... but maybe an actual lawyer could speak to that.
posted by bighappyhairydog at 4:27 AM on February 28, 2022 [1 favorite]
posted by bighappyhairydog at 4:27 AM on February 28, 2022 [1 favorite]
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You need to send the named beneficiaries a copy of the application (form 74A):
"If you are serving these individuals on or after January 1, 2022, you must send or give them a copy of the Application Form (new Form 74A) instead of a Notice of Application form.
You can send the application by either:
- email, to the person’s last known e-mail address
- regular letter mail or courier to the person’s last known address
If there are minors or incapable adult beneficiaries involved, you may need to send the application form to:
- the Office of the Children’s Lawyer
- the Office of the Public Guardian and Trustee
You must send or give the Application to the estate beneficiaries before you file your application with the court."
I hope this helps!
posted by bighappyhairydog at 8:21 PM on February 27, 2022 [2 favorites]