NoticeConnect Blog

27 May 2021 TAGS: Case Law

Case Brief - Varying a Will in British Columbia

In Scurek v. Scurek, 2021 BCCA 178, the Court of Appeal for British Columbia reviewed a case in which the trial judge varied the testator's will to give a larger share to the testator's daughter.

26 May 2021 TAGS: Discussion

Tips to Avoid Work From Home Burnout

As we move through the third wave of the pandemic, it’s easy to feel fatigue building up. This is especially true for professionals who’ve been working from home and dealing with all the changes that brings.

20 May 2021 TAGS: Estate Law

Marriage No Longer Revokes a Will in Ontario

In February we broke down Bill 245, the Accelerating Access to Justice Act and last month the bill received Royal Assent. One of the act's biggest changes is the repeal of ss. 15(a) and 16 of Ontario's Succession Law Reform Act (the "SLRA"), meaning that marriage no longer revokes a will.

29 April 2021 TAGS: Features

New Feature - Custom Location

Posting a Notice to Creditors and not seeing the city or town you're looking for on our location drop-down field? We've launched a new feature for listing custom locations.

28 April 2021 TAGS: PracticeConsiderations

Is your client dealing with an insolvent estate?

There may be circumstances where your client is “inheriting” an insolvent estate. Insolvency, which is different from bankruptcy, is where a person, living or dead - is unable to meet his or her liabilities or has an excess of liabilities over assets.

28 April 2021 TAGS: Case Law

Case Brief - Holographic wills and incorporation by reference

In Re: Lacroix Estate, 2021 ONSC 2929, the Superior Court considered the case of a holograph will prepared by a terminally ill woman in the hospital, who was unable to see her lawyer due to COVID-19 restrictions. The court ultimately found the will invalid.

9 April 2021 TAGS: Company Updates

You can now join the Canada Will Registry within Will Builder

The Canada Will Registry integration with Will Builder allows legal professionals to manage their will vaults, and receive alerts if someone is looking for a will in their firm's possession.

31 March 2021 TAGS: Estates

Carefully searching for a will for small estates

As of last month the Application for a Small Estate Certificate asks, in cases of intestacy, for the Applicant to declare that they "have carefully searched for a will of the deceased and was unable to locate a will."

30 March 2021 TAGS: Case Law

Case Brief - The Slayer Rule and Will Interpretation

In The Bank of Nova Scotia Trust Company v. Rogers, the Superior Court considered the case of a man who murdered his parents.

16 March 2021 TAGS: Tech

Securing Unparalleled Safety with the Cloud

The cloud. If you use a computer or cell phone, odds are you’ve heard of it. Often. Over the past ten years or so, this term has become increasingly common in everything from how we store our personal photos to how we do business.

25 February 2021 TAGS: Case Law

Case Brief - Standing and financial gain

In Moses v. Moses, 2021 ONSC 587, the S.C.J. considered whether a son had standing to challenge his father's will, given that the father's previous will also left nothing to his son.

24 February 2021 TAGS: PracticeConsiderations

Accelerating Access to Justice Act

We are a year into life with Covid-19 and while we’ve certainly adjusted to the changes introduced by the Ontario Government in an effort to modernize the justice system, there are more noteworthy changes that will likely come into effect this April.

22 February 2021 TAGS: Estate Law

New regulations approve NoticeConnect in Saskatchewan

Saskatchewan has updated its estate administration rules and now requires Notices to Claimants to be published on NoticeConnect.

17 February 2021 TAGS: Search

Locate Missing Wills with the Canada Will Registry

Submitting a search with the Canada Will Registry is simple and takes less than five minutes. All you have to do is tell us who you are, whose will you're searching for, and how to reach you. Follow these simple steps below to submit a search for any estate.

29 January 2021 TAGS: Will Registry

Case Study - Finding a Missing Will with the Canada Will Registry

Davies Spina Falquez LLP (“DSF”) is a law firm in Toronto that discovered a missing will as a direct result of searching the Canada Will Registry. Susan Davies, founder and partner at DSF, has been using NoticeConnect since 2017.

29 January 2021 TAGS: Case Law

Case Brief - Void for uncertainty?

In Barsoki v. Wesley, 2020 ONSC 7407, the SCJ looked at a will with some less-than-clear provisions that gave the deceased's friend an unclear proprietary interest in her home.

26 January 2021 TAGS: Discussion

4 Steps to Start the Year Right

With 2020 finally behind us, it’s time to step forward into a new year that’s hopefully much less turbulent than the last one. But, there’s no need to do it alone. Below, we’ve outlined four steps legal professionals can take to kick off the year on a high note and carry it all the way through.

15 January 2021 TAGS: Company Updates

Connecting Queen's Elder Law Clinic and the Canada Will Registry

Last month we onboarded the Queen’s Elder Law Clinic onto the Canada Will Registry! Serving the Kingston community since 2010, the Queen's Elder Law Clinic offers free legal services to elders that may not have the resources to seek legal counsel.

30 November 2020 TAGS: Case Law

Case Brief - When can you replace an estate trustee?

In Viertelhausen v. Viertelhausen, 2020 ONSC 6744, the Ontario Superior Court considered an application to remove an estate trustee due to an alleged conflict of interest and personal animus.

27 November 2020 TAGS: PracticeConsiderations

What to Tell Your Client About a Passing of Accounts

Acting as a fiduciary can be particularly onerous for a lay person. As a lawyer whose client may be considering taking on the role (or is currently in the role) of an estate trustee, attorney for property or a trustee, it is of utmost importance to equip your clients with the knowledge...

26 November 2020 TAGS: Wills

Lessons to Learn From Unconventional Will Provisions

Creating a will is critical to ensuring a smooth transition upon your passing. However, this process can be greatly disrupted if it contains unconventional or difficult-to-follow provisions. To help you understand what’s realistic and what to avoid...

19 November 2020 TAGS: Will Registry

5 Common Misconceptions About the Canada Will Registry

I'm a Business Development Representative at NoticeConnect and every day I speak with lawyers about our Canada Will Registry.

30 October 2020 TAGS: Tech

Protecting Your Firm From Ransomware Attacks

You’ve probably heard of the term “ransomware”, but what is it? Ransomware is a form of cyber attack in which malicious outside actors take over a computer system and hold it hostage. They won't return your access or your data until you send them a payment.

26 October 2020 TAGS: Company Updates

Search the Canada Will Registry Within Estate-a-Base

We are excited to announce that Estate-a-Base users now have access to the Canada Will Registry! The Canada Will Registry integration with Estate-a-Base by DoProcess allows legal professionals to carry out effective due diligence by searching our database of 225,000+ wills.

23 October 2020 TAGS: Case Law

Case Brief - Testamentary Capacity and Dementia

In McAndrew Estate (Re), 2020 ABQB 614, the Court of Queen's Bench of Alberta considered the validity of three wills made by a woman diagnosed with dementia.