Proving A Copy Of A Will In Ontario: Common Form Vs. Solemn Form
April 23, 2026
BY: IAN ANDREW LAW
A will can be perfectly real and still be procedurally difficult to prove. That problem usually appears when the original is missing, only a copy is available, or the surrounding facts raise enough concern that routine probate is no longer enough.
In Ontario, that is where the distinction between common-form probate and proof in solemn form starts to matter.
Key Takeaways
• Common-form proof is the ordinary route to a certificate of appointment.
• Solemn-form proof is a judicial process used where validity or authenticity must be proved more fully.
• A copy of a will often cannot just be filed like an original.
• The more contentious or uncertain the file, the more likely judicial directions or solemn-form proof will be needed.
• The difference is not just technical; it changes evidence, cost, and timing.
What Common Form Does
In ordinary probate practice, the applicant proves the will in common form by satisfying the court administratively that the will filed is the deceased's last valid will. If the application is in order, the certificate may be issued without a judge hearing viva voce evidence.
That process is efficient, but it is not a final adjudication of every validity issue.
What Solemn Form Does Differently
Proof in solemn form is more exacting. It is a court-driven process used where the will's validity, execution, contents, or surrounding circumstances require fuller proof. Interested parties receive notice, the evidentiary record becomes more robust, and the propounder may have to prove the will's validity in a way that goes well beyond routine certificate practice.
That is why lost-will and copy-will cases so often leave the administrative lane.
Why The Distinction Matters So Much In Copy-Will Files
If only a copy exists, the court may need evidence not only of execution and contents, but also of why the original is missing and whether the presumption of revocation applies. That is not usually something routine common-form probate can absorb without judicial involvement.
In Ontario, a copy of a will may still be proved. The point is that proving it usually requires more than simply filing the photocopy and hoping the certificate issues as if nothing changed.
Sources
• Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rr. 74, 75.02 and 75.06.
• Sorkos v. Cowderoy, 2006 CanLII 31722 (ON CA), 215 O.A.C. 194.
• BMO Trust Company v. Cosgrove, 2021 ONSC 5681.
This article is for general information purposes only and does not constitute legal advice. Reading this article does not create a solicitor-client relationship. If you require advice specific to your situation, contact my office.