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ontario regulation 203/17

made under the

Courts of Justice Act

Made: May 5, 2017
Approved: June 26, 2017
Filed: June 27, 2017
Published on e-Laws: June 27, 2017
Printed in The �������� Gazette: July 15, 2017

Amending Reg. 194 of R.R.O. 1990

(RULES OF CIVIL PROCEDURE)

1. Subrule 74.02 (7) of Regulation 194 of the Revised Regulations of ��������, 1990 is revoked and the following substituted:

Request for Delivery of Will or Codicil to Estate Trustee, Person Named by Court

(7) After the death of the testator, the registrar may, on the filing of the following documents, deliver the will or codicil of the testator that is on deposit to an estate trustee named in the will or to such other person as the court may direct:

1. A request for the delivery, stating the testator’s date of birth.

2. Proof of death.

3. If no order directing delivery of the will or codicil has been made, an authorization signed by every estate trustee named in the will specifying the estate trustee as the person to whom the will or codicil is to be delivered.

4. If an order directing delivery of the will or codicil has been made, a copy of the order.

Request for Delivery of Will or Codicil to Estate Trustee’s Lawyer

(7.1) After the death of the testator, the registrar may, on the filing of the following documents, deliver the will or codicil of the testator that is on deposit to the lawyer for an estate trustee named in the will:

1. A request for the delivery, stating the testator’s date of birth.

2. Proof of death.

3. Subject to subrule (7.2), an authorization, signed by every estate trustee named in the will, specifying the estate trustee’s lawyer as the person to whom the will or codicil is to be delivered.

Same

(7.2) The following documents may be filed instead of the authorization referred to in paragraph 3 of subsection (7.1):

1. An authorization signed by every estate trustee named in the will specifying the estate trustee as the person to whom the will or codicil is to be delivered.

2. An authorization signed by the estate trustee specifying his or her lawyer as the person to whom the will or codicil is to be delivered.

Authorization

(7.3) If an estate trustee is not available to provide his or her signature for the purposes of an authorization under subrule (7) or (7.1) or paragraph 1 of subrule (7.2), the requirement to provide an authorization signed by every estate trustee named in the will may be satisfied by filing an authorization signed by every available estate trustee, together with a written explanation satisfactory to the registrar as to the reason for each missing signature.

Proof of Identification

(7.4) The registrar may, before delivering a will or codicil to a person, require that the person provide such proof of identification as the registrar specifies.

Duties of Registrar

(7.5) If the registrar delivers a will or codicil under subrule (7) or (7.1), the registrar shall send a notice of the withdrawal (Form 74.2) to the Estate Registrar for ��������, and shall retain,

(a) a copy of the will and any codicil, certified to be a true copy by the registrar;

(b) the receipt of the person to whom the will or codicil was delivered;

(c) a copy of any authorizations filed under the subrule; and

(d) a copy of any order directing the delivery of the will or codicil.

2. The row for Form 74.45.1 in the Table of Forms to the Regulation is amended by striking out the date in the Column titled “Date of Form” and substituting “May 1, 2017”.

Commencement

3. This Regulation comes into force on the later of July 1, 2017 and the day it is filed.

Made by:
Pris par��:

Civil Rules Committee:
Le Comité des règles en matière civile��:

Alison Warner

Senior Legal Officer and Secretary to the Civil Rules Committee /
Avocate principale et sécretaire du comité des règles en matière civile

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Date made:May 5, 2017
Pris le��: 5 mai 2017

I approve this Regulation.
J’approuve le présent règlement.

Le procureur général,

Yasir Naqvi

Attorney General

Date approved: June 26, 2017
Approuvé le��: 26 juin 2017

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