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Probate Application

Can a Non-Resident Apply for Probate?

Section 5 of the Estates Act (the “Act”) states “Letters of Administration shall not be granted to a person not residing in Ontario”. The statute appears to be a definite and full answer to our question. But, when answering a legal question, a thorough reading of the statutes and secondary sources dealing with the question together with a full review of how judges interpret the statute is necessary. As the Armstrong case demonstrates, reading only one section of the Act could lead to an erroneous conclusion.
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When is Probate Not Needed

For those who wish to stop the distribution of non probatable assets it is important to know that more might be required then simply blocking probate by filing a notice of objection.
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Stopping Probate

Probate in Ontario is called "a certificate of appointment of estate trustee with a will". This article addresses what steps have to be taken in Ontario to stop the process of getting a Will probated.
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