Estates Act, R.S.O. 1990, c. E.21

• Jurisdiction: Ontario

Estates Act

R.S.O. 1990, Chapter E.21

Consolidation Period: From April 1, 2021 to the e-Laws currency date.

Last amendment: 2020, c. 11, Sched. 8.

CONTENTS

Definitions

1 (1) In this Act,

“administration” includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for general, special or limited purposes; (“administration”)

“county” includes a territorial district; (“comté”)

“matters and causes testamentary” includes all matters and causes relating to the grant and revocation of letters probate of wills or letters of administration; (“matières et causes testamentaires”)

“registrar” means a local registrar of the Superior Court of Justice; (“greffier”)

“small estate” means an estate that does not exceed the amount prescribed by regulations made under subsection (2); (“petite succession”)

“will” includes a testament and all other testamentary instruments of which probate may be granted. (“testament”) R.S.O. 1990, c. E.21, s. 1; 1999, c. 12, Sched. B, s. 6; 2006, c. 19, Sched. C, s. 1 (1); 2020, c. 11, Sched. 8, s. 1 (1-3).

Regulations

(2) The Lieutenant Governor in Council may make regulations prescribing an amount for the purposes of the definition of “small estate” in subsection (1). 2020, c. 11, Sched. 8, s. 1 (4).

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. B, s. 6 - 31/12/1991

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

2020, c. 11, Sched. 8, s. 1 (1, 2) - 08/01/2021; 2020, c. 11, Sched. 8, s. 1 (3, 4) - 01/04/2021

Depository for the wills of living persons

2 The office of the registrar is a depository for all wills of living persons given there for safekeeping, and the registrar shall receive and keep those wills under such regulations as are prescribed by the rules of court. 2020, c. 11, Sched. 8, s. 2.

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

2020, c. 11, Sched. 8, s. 2 - 08/01/2021

Preservation of testamentary instruments, etc.

3 The registrar shall file and preserve all original wills of which probate or letters of administration with the will annexed are granted, and all other papers used in any matter in the registrar’s court, subject to such conditions as are prescribed by the rules of court. R.S.O. 1990, c. E.21, s. 3.

4 Repealed: 2020, c. 11, Sched. 8, s. 3.

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 8, s. 3 - 08/01/2021

Administration not to be granted to non-resident

5 Letters of administration shall not be granted to a person not residing in Ontario, but this does not apply to resealing letters under section 52. R.S.O. 1990, c. E.21, s. 5.

Probate or letters ancillary to persons not residing in Commonwealth

6 Letters probate shall not be granted to a person not resident in Ontario or elsewhere in the Commonwealth unless the person has given the like security as is required from an administrator in case of intestacy or in the opinion of the judge such security should under special circumstances be dispensed with or be reduced in amount. R.S.O. 1990, c. E.21, s. 6.

Grant of probate or administration, jurisdiction

7 (1) An application for a grant of probate or letters of administration shall be made to the Superior Court of Justice and shall be filed in the office for the county or district in which the testator or intestate had at the time of death a fixed place of abode. R.S.O. 1990, c. E.21, s. 7 (1); 2006, c. 19, Sched. C, s. 1 (1).

Where decedent had no abode in Ontario

(2) If the testator or intestate had no fixed place of abode in Ontario or resided out of Ontario at the time of death, the application shall be filed in the office for the county or district in which the testator or intestate had property at the time of death. R.S.O. 1990, c. E.21, s. 7 (2).

When application may be filed in any office

(3) In other cases the application for probate or letters of administration may be filed in any office. R.S.O. 1990, c. E.21, s. 7 (3).

Rules of court

(4) Except as otherwise provided by this Act, applications for a grant of probate or letters of administration are subject to the procedures set out in the rules of court and, in the case of small estates, to the procedures set out in the rules of court that are specific to small estates. 2020, c. 11, Sched. 8, s. 4.

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

2020, c. 11, Sched. 8, s. 4 - 01/04/2021

Trial of questions of fact by a jury

8 (1) The court may cause any question of fact arising in any proceeding to be tried by a jury. R.S.O. 1990, c. E.21, s. 8 (1).

The issue

(2) The question directed to be tried by a jury shall be reduced to writing in such form as the court may direct. R.S.O. 1990, c. E.21, s. 8 (2).

Production of instruments purporting to be testamentary

9 (1) Whether a suit or other proceeding is or is not pending in the court with respect to a probate or administration, the Superior Court of Justice may, on motion or otherwise in a summary way, order any person to produce and bring before the registrar, or otherwise as the court may direct, any paper or writing being or purporting to be testamentary that is shown to be in the possession or under the control of such person. R.S.O. 1990, c. E.21, s. 9 (1); 2006, c. 19, Sched. C, s. 1 (1).

Examination of persons touching such instruments

(2) If it is not shown that such paper or writing is in the possession or under the control of such person, but it appears that there are reasonable grounds for believing that he or she has knowledge of such paper or writing, the court may direct such person to attend for the purpose of being examined in open court or before the registrar or such person as the court may direct, or upon interrogatories respecting the same, and to produce and bring in such paper or writing, and such person is subject to the like process in case of default in not attending or in not answering questions or interrogatories or not bringing in such paper or writing, as the person would have been subject to if he or she had been a party to a suit in the court and had made such default, and the costs of such motion or other proceeding are in the discretion of the court. R.S.O. 1990, c. E.21, s. 9 (2).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

Right of appeal

10 (1) Any party or person taking part in a proceeding under this Act may appeal to the Divisional Court from an order, determination or judgment of the Superior Court of Justice if the value of the property affected by such order, determination or judgment exceeds $200. R.S.O. 1990, c. E.21, s. 10 (1); 2006, c. 19, Sched. C, s. 1 (1).

Rights of persons interested to appeal

(2) Where the claimant or personal representative having a right of appeal does not appeal from the order, judgment or determination, the Children’s Lawyer or any person beneficially interested in the estate may, by leave of a judge of the Divisional Court, appeal therefrom. R.S.O. 1990, c. E.21, s. 10 (2); 1994, c. 27, s. 43 (2).

Rights of persons interested to be heard at appeal

(3) The Children’s Lawyer or any person beneficially interested in the estate, may, by leave of a judge of the Divisional Court, appear and be heard upon any such appeal. R.S.O. 1990, c. E.21, s. 10 (3); 1994, c. 27, s. 43 (2).

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 43 (2) - 03/04/1995

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

Where deceased resided in Ontario

11 (1) On every application for probate of a will or for letters of administration where the deceased was resident in Ontario at the time of his or her death, the deceased’s place of abode at the time of his or her death shall be made to appear by affidavit of the person or one of the persons making the application, and thereupon and upon proof of the will or, in case of intestacy, upon proof that the deceased died intestate, probate of the will or letters of administration, as the case may be, may be granted. R.S.O. 1990, c. E.21, s. 11 (1).

Death or absence of witnesses of will of member of forces or mariner

(2) Where, upon the application for probate of the will of a person who at the time of the execution of the will was a member of the forces or was a mariner or sailor at sea or in the course of a voyage, it appears that the witnesses are dead or are incompetent or that the whereabouts of the witnesses, or either of them, is unknown, the judge of the Superior Court of Justice to whom the application is made may accept such evidence as he or she considers satisfactory as to the validity and proper execution of such will, despite anything in this Act or in the rules of court to the contrary. R.S.O. 1990, c. E.21, s. 11 (2); 2006, c. 19, Sched. C, s. 1 (1).

Definition

(3) In subsection (2),

“member of the forces” means a member of a component of the Canadian Forces,

(a) that is referred to in the National Defence Act (Canada) as a regular force, or

(b) while placed on active service under the National Defence Act (Canada). R.S.O. 1990, c. E.21, s. 11 (3).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

Where deceased had no fixed place of abode in Ontario

12 On every application for probate of a will or for letters of administration where the deceased had no fixed place of abode in or resided out of Ontario at the time of his or her death, the same shall be made to appear by affidavit of the person or one of the persons making the application to the court, and that the deceased died leaving property, or leaving no property in Ontario, as the case may be, and thereupon and upon proof of the will or, in case of intestacy, upon proof that the deceased died intestate, probate of the will or letters of administration, as the case may be, may be granted. R.S.O. 1990, c. E.21, s. 12.

Proof, etc...