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Patrick Hartford

Patrick Hartford

Patrick is the Founder and CEO of NoticeConnect.

Toronto •
70 posts •
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.

Patrick Hartford Patrick Hartford
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.

Patrick Hartford Patrick Hartford
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.

Patrick Hartford Patrick Hartford
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.

Patrick Hartford Patrick Hartford
28 September 2020 TAGS: Case Law

Case Brief - The meaning of "residence"

In Poole v Dailey, 2020 SKQB 226, the Queen's Bench for Saskatchewan considered the case of a will that left a residential property to a couple's daughter, on condition that she occupy it as her residence.

Patrick Hartford Patrick Hartford
27 August 2020 TAGS: Case Law

Case Brief - Rebutting the presumption of revocation

Levitz v. Hillel Lodge Long Term Care Foundation, 2017 ONSC 6253 is a case about a missing will and what it takes to rebut the presumption of revocation.

Patrick Hartford Patrick Hartford
29 July 2020 TAGS: Case Law

Case Brief - The costs implications of a weak position, for counsel and client

In Eisenrieder Estate v Eisenrieder, 2020 ABQB 392, the Court of Queen's Bench considered the issue of costs, following a dispute over interpretation of a Will in which one party advanced a weak position.

Patrick Hartford Patrick Hartford
24 June 2020 TAGS: Discussion

e-Wills coming to British Columbia

The BC Government has put forward legislation that would allow for remotely-witnessed, electronically-signed, self-proving wills.

Patrick Hartford Patrick Hartford
18 June 2020 TAGS: Case Law

Case Brief - Appealing a decision interpreting a will

In Kirst Estate (Re), 2020 ABCA 233, the Alberta Court of Appeal considered an appeal of a trial judge's interpretation of a will.

Patrick Hartford Patrick Hartford
21 May 2020 TAGS: Case Law

Case Brief - Removing a co-executor due to conflict of interest

In Durand v. Durand et al., the Court of Queen's Bench of Manitoba considered an application to remove a co-executor of an estate on the grounds that his ownership of a corporation was at odds with his fiduciary duty to the beneficiaries.

Patrick Hartford Patrick Hartford
23 April 2020 TAGS: Case Law

Case Brief - A holographic will and Alzheimer's disease

In Arena Estate (Re), 2020 ABQB 206, the Court of Queen's Bench of Alberta considered whether a collection of letters, written by a woman with Alzheimer's disease, constituted a valid will.

Patrick Hartford Patrick Hartford
30 March 2020 TAGS: Wills

Case Brief - The Rule Against Perpetuities

In Goss Estate (Re), 2020 ABQB 121, the Court of Queen's Bench of Alberta considered whether provisions of a will violated the Rule Against Perpetuities.

Patrick Hartford Patrick Hartford
23 March 2020 TAGS: Will Registry

How our Canada Will Registry helps professionals work from home

As law firms across the country institute work-from-home policies in response to COVID-19, the centrality of paper records in wills and estates is causing problems.

Patrick Hartford Patrick Hartford
25 February 2020 TAGS: Case Law

Case Brief - Mental Health and Testamentary Capacity

In the Leonard case, 2020 ONSC 662, the Superior Court considered the case of a will challenged on the grounds that the testator's history of bipolar disorder meant she lacked testamentary capacity.

Patrick Hartford Patrick Hartford
14 February 2020 TAGS: PracticeConsiderations

Client doesn't want to advertise for creditors? Have them sign an Acknowledgement and Direction

If your client is an estate trustee who doesn't want to advertise for creditors, it's important to have them sign an Acknowledgement and Direction confirming they were warned of the risks.

Patrick Hartford Patrick Hartford
11 February 2020 TAGS: Company Updates

With Will Builder's new Export feature, it's easy to join the Canada Will Registry

If you're using WillBuilder by DoProcess to keep a list of your firm's estate planning documents, you can use the new "Export" feature to register your entire vault on the Canada Will Registry.

Patrick Hartford Patrick Hartford
16 January 2020 TAGS: Case Law

Case Brief: Disinheriting your only living heir

In Re Vaudrey, 2019 ONSC 7551, the Superior Court of Justice considered a case where a deceased individual's only living heir was expressly disinherited by the will.

Patrick Hartford Patrick Hartford
12 December 2019 TAGS: Will Registry

Connecting the Canada Will Registry with Willful

The Canada Will Registry has partnered with Willful to make it easier for individuals to register their wills on the Canada Will Registry.

Patrick Hartford Patrick Hartford
21 November 2019 TAGS: Case Law

Case Brief - A disinherited granddaughter challenges two wills

In Balanko v. Logan De Chavez*, 2019 ABQB 860, the Court of Queen's Bench of Alberta considered the case of a disinherited granddaughter who challenged two wills.

Patrick Hartford Patrick Hartford
19 November 2019 TAGS: Discussion

Q&A with Kavina Nagrani, JD, TEP

We caught up with estate lawyer and longtime NoticeConnect advisor Kavina Nagrani this month.

Patrick Hartford Patrick Hartford
24 October 2019 TAGS: Case Law

Case Brief: Holding up the administration of an estate

In Maloney v. Maloney, 2019 ONSC 5632, the Superior Court considered a motion related to an estate administration held up by a notice of objection.

Patrick Hartford Patrick Hartford
21 October 2019 TAGS: Wills

Register your own will on the Canada Will Registry

The Canada Will Registry isn't just for law firms and trust companies. Anyone can use it to register their will and ensure that this important document is found when it's needed.

Patrick Hartford Patrick Hartford
22 September 2019 TAGS: Wills Registry

The Canada Will Registry is Open for Searches

We've opened up the Canada Will Registry for searches. Searching our database of 100,000 wills is effective due diligence to identify forgotten, missing, or competing wills.

Patrick Hartford Patrick Hartford
20 September 2019 TAGS: Case Law

Case Brief - What happens when the co-owner of a house dies?

In Guz v Olszowka, 2019 ONSC 5308, Justice D.A. Broad considered motions related to a dispute over two properties inherited by two sisters.

Patrick Hartford Patrick Hartford
15 August 2019 TAGS: Case Law

Case Brief - Testamentary Capacity and Second Languages

In Silano v Silano, the Superior Court considered a will challenge involving an Italian-speaking testator who made a substantial change to his will shortly before his death.

Patrick Hartford Patrick Hartford


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