As of May 2026, a Notice of Objection completely halts the Ontario probate process. To resolve this and protect the estate, the named executor must file a Request for Directions at the Superior Court of Justice (utilizing a Notice of Motion for $339 CAD or a Notice of Application for $243 CAD under O. Reg. 293/92) to force a formal “Proof of Will” hearing.
Being named as an executor (formally called an Estate Trustee in Ontario) is a heavy responsibility. Generally, applying for a Certificate of Appointment of Estate Trustee is a paperwork-heavy but smooth process. However, if a disgruntled family member believes the Will is fake, that the deceased lacked mental capacity, or that they were unduly influenced, they can file a Notice of Objection at the courthouse. Whether you are managing an estate in Toronto, Ottawa, or Windsor, this single document immediately freezes your application.
When an objection is filed, the local court registrar cannot issue your probate certificate. ⚠ You lose the legal authority to sell the deceased’s real estate, access their bank accounts, or distribute funds. Many executors feel blindsided and unsure of how to proceed. This guide will walk you through the precise legal steps to respond to a Notice of Objection, clear the legal roadblock, and force the objector to prove their claims in the Superior Court of Justice.
Step-by-Step Process in Ontario
Ignoring a Notice of Objection will not make it go away; in fact, the estate will remain in legal limbo indefinitely. The Ontario Rules of Civil Procedure (Rule 75) strictly govern how executors must respond. You must take proactive legal action to compel the objector to either back down or face a judge.
Step 1: Receiving the Notice and Pausing Estate Activity
Once you are notified that an objection has been filed, you must immediately halt any actions related to the estate’s assets. You cannot remove items from the deceased’s home or attempt to pay out beneficiaries. The objector has to serve you with the Notice, which formally explains their grounds for contesting the Will, such as alleged dementia or a newer hidden Will.
Step 2: Waiting for the Notice of Appearance
Filing an objection is only the objector’s first step, but it does not trigger an automatic countdown. 🕐 To start the clock, the executor must formally serve the objector with a “Notice to Objector” (Form 75.3). Under Rules 75.03(4) and (5), the objector has 20 days after service to file a “Notice of Appearance” (Form 75.4). If they fail to do so, your lawyer can ask the court registrar to cancel the objection; without active service by the executor, the objection can legally remain effective on the court record for up to three years.
Step 3: Filing a Request for Directions
If the objector is serious and files their Appearance, the dispute is now active. As the executor, your next step is to file a Request for Directions (or a Notice of Motion for Directions) at the Superior Court of Justice. This document formally asks a judge to step in, manage the conflict, and establish a strict timetable for how the litigation will unfold.
Step 4: Attending the Motion for Directions
At the hearing for your motion, the judge will issue an Order for Directions. 📋 This order acts as a roadmap for the lawsuit. The judge will dictate the deadlines for exchanging medical records, scheduling discoveries (sworn questioning of witnesses), and whether the parties must attempt mandatory mediation before proceeding to a final trial.
Step 5: Proceeding to Proof of Will in Solemn Form
If the dispute cannot be settled through mediation, the case proceeds to a formal trial, known as “Proof of Will in Solemn Form.” During this trial, your law firm will call the original witnesses who signed the Will to testify that the deceased was of sound mind. If the judge agrees the Will is valid, they will dismiss the objection and officially grant you the Certificate of Appointment.
How Much Does it Cost in Ontario?
Estate litigation is incredibly expensive and rapidly depletes estate funds. Below is a breakdown of typical costs you can expect to encounter in Canadian dollars (CAD) as of May 2026.
| Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Motion or Application Fee | $339 or $243 | Filing fee under O. Reg. 293/92 ($339 for Notice of Motion or $243 for Notice of Application). |
| Estate Litigation Lawyer | $400 – $800+ per hour | Specialized counsel to defend the Will’s validity. |
| Mandatory Mediation | $3,000 – $6,000 | Split between parties to attempt an out-of-court settlement. |
| Medical Expert Witnesses | $5,000 – $15,000 | To review medical records and testify on mental capacity. |
How Long Does the Process Take?
Litigating a contested Will is a marathon, not a sprint. If the objector fails to file a Notice of Appearance, the delay might only be 30 to 45 days. However, if you must proceed to a Motion for Directions, it takes about 3 to 6 months to get a hearing date. If the case goes all the way to a full trial for Formal Proof of the Will, the entire process typically takes 1.5 to 3 years.
Frequently Asked Questions (FAQ)
Do I have to pay the lawyer fees out of my own pocket?
Generally, an executor defending a Will in good faith is entitled to have their legal fees paid directly from the estate’s assets. However, if a judge determines you acted maliciously or had a conflict of interest, you could be ordered to pay the costs personally.
Can I just resign as executor if there is an objection?
If you have not started dealing with the estate’s assets (intermeddling), you can formally renounce your role as executor. Once you renounce, the alternate executor named in the Will, or a court-appointed administrator, will have to step in and handle the litigation.
Does the Notice of Objection stop the CRA tax deadlines?
No. The Canada Revenue Agency (CRA) still expects the deceased’s final tax returns to be filed on time. If the estate is frozen and you cannot access funds to pay the taxes, you must communicate with the CRA to request relief from late penalties.
What happens to the deceased’s house while we wait for trial?
The house usually sits empty. You must ensure the property insurance remains active, often switching to a “vacant property” policy. If the mortgage falls behind, your lawyer may need to ask the court for a special order allowing an “Estate Trustee During Litigation” to sell the house to prevent foreclosure.
What is a “Caveator”?
A Caveator is an older legal term for the person who files the Notice of Objection (the “caveat”). In modern Ontario estate law, they are simply referred to as the objector or the opposing party.
Leave a Reply