Smarter and Stronger Justice Act, 2020, S.O. 2020, c. 11 – Bill 161
Recent changes to the Estates Act were made through the Smarter and Stronger Justice Act, schedule 8. These changes will make life easier for Estate representatives dealing with a modest estate following the death of their loved one.
An estate is essentially the money and property left behind following a person’s death. Probate is the legal process to validate a will and to confirm the authority of the estate trustee, the person who will act on behalf of the estate.
The changes in Ontario law includes amendments to more than 20 acts to update old law and streamline legal processes for how to deal with estates in the province.
With the new changes, effective April 1, 2021, the burden has been reduced on grieving loved ones dealing with small estates valued at $150,000.00 or less. The amount is set out in section one of Ontario Regulation 110/21 under the Estates Act.
The probate process for these smaller estates has become simpler and more accessible. For these smaller estates, there is no longer the requirement to post bond in most probate applications.
The new changes also reflect the modern, technology driven world that we are living in by establishing innovative ways of delivering services remotely and include:
- Allowing for the completion and filing of a new simpler application form;
- Removing requirements for certain supporting documents;
- Guiding applicants on the process for filing;
These changes represent good news for those dealing with small Estates, with the red tape being considerably reduced under the new simplified process.