Probating a Will That Has Multiple Codicils in Ontario

A Last Will and Testament is meant to be a final set of instructions, but life circumstances often change. Instead of rewriting their entire will, many Ontarians historically used a “codicil”-a legal document that amends, adds to, or revokes specific parts of the original will. When a deceased person leaves behind a will attached to one or several codicils, the probate process becomes notably more complex.

In Ontario, a will and its codicils are not treated as entirely separate entities; they must be read together as one single testamentary document. As the Estate Trustee, you cannot simply pick and choose which documents to present to the court. You have a strict legal duty to locate all testamentary documents and prove their validity to the Superior Court of Justice, ensuring the deceased’s final wishes are honoured precisely as they intended.

Step-by-Step Process in Ontario

Whether you are probating an estate in London, Brampton, Kingston, or Sudbury, the rules for submitting multiple testamentary documents remain uniform across the province. Managing multiple codicils often involves deciphering conflicting instructions, which is why most executors rely on an experienced Ontario estate lawyer to guide them through this intricate process.

Step 1: Locating the Original Documents

The probate court demands original documents, not photocopies. You must conduct a thorough search to find the original Last Will and Testament, alongside every original codicil. Sometimes, codicils are physically stapled to the will; other times, they are kept in separate safety deposit boxes or held by different law firms. You must compile the complete history of the deceased’s estate planning.

Step 2: Interpreting the Combined Documents

Once you have all the documents, you must read them chronologically. A codicil typically overrides the specific clause in the original will it addresses, but leaves the rest of the will intact. For example, if the original will gives a house to a son, but a later codicil gives that same house to a daughter, the codicil takes priority. If multiple codicils contradict each other, the one with the most recent date generally governs.

Step 3: Obtaining Affidavits of Execution

Under Ontario law, you must prove that the will and every single codicil were signed correctly. This requires Form 74D (Affidavit of Execution of Will or Codicil) under the Rules of Civil Procedure, which was updated by O. Reg. 709/21. You generally need one sworn Form 74D from one of the witnesses who watched the deceased sign the original will, plus separate Form 74D affidavits from the witnesses who watched the deceased sign each codicil. Tracking down these witnesses years or decades later can be a significant challenge.

Step 4: Filing the Probate Application

When you apply for a Certificate of Appointment of Estate Trustee with a Will, your application forms must accurately reflect the existence of the codicils. On your court application, you will list the date of the original will, followed by the specific dates of the first, second, or third codicil. All these original documents are then submitted to the local Superior Court of Justice, along with the required Estate Administration Tax (EAT).

Step 5: Serving Notice to All Beneficiaries

You must notify everyone who has a stake in the estate. If a codicil removed a beneficiary who was named in the original will, that removed individual often still needs to be notified of the probate application. Transparency is critical to prevent estate litigation, as aggrieved parties have the right to challenge the validity of a codicil if they suspect undue influence or a lack of mental capacity.

How Much Does it Cost in Ontario?

Probating an estate with multiple codicils typically incurs higher legal fees because the lawyer must spend more time interpreting the documents and tracking down multiple witnesses. Below are estimated costs in CAD as of May 2026.

How Long Does the Process Take?

Preparing a probate application with multiple codicils usually takes an extra 4 to 8 weeks, primarily because locating the witnesses for each document can be time-consuming. Once the complete package is filed at the Superior Court of Justice, processing times vary wildly by municipality. In smaller cities, it may take 2 to 3 months, whereas busy courthouses in the Greater Toronto Area (GTA) can take 4 to 8 months to issue the final Certificate of Appointment.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca