When someone applies for probate in Ontario (formally called a Certificate of Appointment of Estate Trustee), the process is usually administrative. If the application is complete and uncontested, the certificate is often issued without a hearing.
Where there is a genuine dispute about whether probate should be granted, to whom, or in what form, an interested person may intervene by filing a Notice of Objection.
A Notice of Objection is a formal procedural step that tells the court the probate application should not proceed routinely and that judicial oversight is required.
What Is a Notice of Objection?
A Notice of Objection (Form 75.1) is filed with the Superior Court of Justice to prevent the registrar from issuing a Certificate of Appointment without a judge’s involvement.
Once filed, the probate application is effectively stopped until the objection is resolved, withdrawn, or the court orders otherwise.
Importantly, a Notice of Objection does not decide the dispute. It:
- does not commence a lawsuit, and
- does not prove the objection.
It functions as a procedural safeguard to preserve the status quo while the underlying issues are addressed.
Because of the powerful effect it has on estate administration, courts expect Notices of Objection to be grounded in legitimate legal concerns, not used as leverage or delay tactics.
When Should a Notice of Objection Be Used?
A Notice of Objection should only be used where there is a proper legal basis to oppose probate, such as:
- concerns about the validity of the will (lack of capacity, undue influence, suspicious circumstances, improper execution);
- disputes over the right of the applicant to act as estate trustee;
- allegations of a later will or revocation;
- disagreement over whether the deceased died intestate; or
- challenges to the applicant’s standing to seek probate.
It is commonly used where probate is imminent and a party needs time to investigate the circumstances surrounding the will or the proposed estate trustee.
However, filing a Notice of Objection without appropriate legal grounds carries risk. Courts may remove improper objections and impose cost consequences where an objection was used to obstruct or delay the administration of an estate.
Where Do You Get the Form?
The prescribed form is:
Form 75.1 – Notice of Objection
It is available through the Ontario Court Services website and may be filed electronically (where permitted) or at the Superior Court of Justice.
The form requires the objector to state:
- their interest in the estate, and
- the grounds of objection.
While detailed evidence is not required at this stage, the grounds must be real, intelligible, and legally relevant.
What Happens After a Notice of Objection Is Filed?
Once filed, the registrar cannot issue probate. The estate administration process is effectively paused.
At that point, one of three things typically happens:
1. The objection is resolved or withdrawn
If the parties resolve the dispute, the objector may file a Withdrawal of Notice of Objection, and the probate application can proceed.
2. The applicant serves a Notice to Objector
The applicant may serve a Notice to Objector (Form 75.2). This document requires the objector, within the prescribed timeframe, to:
- commence a court application or action raising the dispute, or
- bring a motion for directions under Rule 75.
The purpose of this step is to ensure that objections do not remain on the court file indefinitely without being tested.
3. The matter proceeds to formal court proceedings
In most cases, the dispute moves into a formal litigation stream, where evidence is filed, issues are defined, and the court supervises the resolution process.
Why Proper Grounds Matter
A Notice of Objection is not meant to be a placeholder or negotiating tactic. Because it prevents the estate from being administered, courts expect objections to be based on bona fide legal disputes.
If an objection is vague, unsupported, or unrelated to a recognized probate issue, the applicant may bring an application or motion to:
- strike or dismiss the objection,
- compel the objector to commence proceedings, and
- seek costs against the objector personally.
This makes it critical that a Notice of Objection be used carefully, strategically, and with appropriate legal advice.
Conclusion
A Notice of Objection is the procedural gateway between routine probate and estate litigation in Ontario. It freezes the probate process and forces estate disputes into the court’s supervision.
Because it carries serious consequences for the estate and the parties, it should only be used where there is a legitimate legal foundation for opposing probate. Improper objections risk being removed and may expose the objector to adverse cost awards.
Whether you are considering filing a Notice of Objection or responding to one, early legal advice is essential to ensure the process is used properly and effectively.
Cassandra Martino
Partner focusing exclusively on estate litigation. Cassandra acts in will challenges, capacity disputes, guardianship applications, and power-of-attorney litigation, with a practice grounded in settlement of high-conflict matters.