Estates - NoticeConnect Blog

22 April 2019 TAGS: Estates

When is it necessary to advertise for creditors?

Advertising for creditors is an important step to protect an estate trustee from liability for the debts of the deceased. Publishing a notice to creditors is appropriate for most estates. And if a client does not wish to advertise, it is advisable to get a signed direction letter confirming this.

11 April 2019 TAGS: Estates

Case Brief: Challenging a will because of a "material mistake of fact"

In Cavanagh et al. v. Sutherland et al., a mother had made a will disinheriting one of her six daughters. After the mother died, this daughter argued that the will was invalid because the mother's decision to disinherit her was "contingent on a material mistake of fact."

9 April 2019 TAGS: Estates

Photocopies of wills

The general rule for probating a will is that you must submit the original will to the court. You simply cannot send a photocopy of the will to the court as if it were an original.

4 April 2019 TAGS: Wills

Marriage and the Revocation of Wills

If you have executed a will before getting married in Ontario, it is automatically revoked upon marriage. This means, the entire will is invalid. One way to avoid this is to make a will in contemplation of marriage.

1 April 2019 TAGS: Estates

Formal Requirements to make Will in Ontario

There are certain requirements that must be met in order for a will to be valid. Generally, all Canadian provinces and territories have the same or similar formal requirements.

27 March 2019 TAGS: Company Updates

Case Study - Publishing a Notice to Creditors on NoticeConnect Protected this Client from a Five-Figure Debt

Advertising for creditors on NoticeConnect.com protected this lawyer's client from a five-figure debt.

15 March 2019 TAGS: Estates

Does Every Will Need to be Probated?

Generally, a personal representative, or executor, must probate the Will of the deceased. This means it is the executor’s responsibility to prove in court that the Will meets all the legal requirements.

12 March 2019 TAGS: Estates

Testamentary Capacity - Who can make a will?

In the majority of will challenges, testamentary capacity is often the main issue of the case. Will drafting lawyers are strongly encouraged to determine their client’s mental capacity for the purposes of signing a Will.

8 March 2019 TAGS: Estates

Do Millennials Need Wills?

How young is too young to make a will? Probably younger than you think.

19 February 2019 TAGS: Estates

Our will registry keeps your information confidential

We're launching the Canada Will Registry this Spring. We've designed it in a way that keeps your data confidential and we've obtained a legal opinion from a leading Canadian law firm confirming that estate practitioners have the implicit consent of their clients to register their wills with us.

14 February 2019 TAGS: Discussion

The top three strangest wills

Some people think creating a will is a solemn occasion - a way of staring down one’s own mortality and acknowledging that nothing lasts forever. Others, by contrast, have taken it upon themselves to make their wills as eccentric and unique as they were in life.

8 February 2019 TAGS: Discussion

Millions worth of Bitcoin inaccessible because of a lost password

Investors of the Canadian cryptocurrency company QuadrigaCX are left disgruntled and worried after the co-founder and CEO, Gerald Cotten, died. You may be wondering why this is an important story for those of you who are in the business of estates. Well, let’s break it down.

28 January 2019 TAGS: Estates

It's official: wills are not trusts

The Divisional Court has resolved the recent confusion caused by the conflicting Milne and Panda decisions about the validity of certain wills containing "basket clauses".

17 December 2018 TAGS: Company Updates

Introducing the Canada Will Registry

NoticeConnect is launching the Canada Will Registry in 2019. We're building on our Knowledge of a Will notices to solve the problem of identifying missing or competing wills.

30 November 2018 TAGS: Discussion

What We're Reading

For those of us here at NoticeConnect, we like to keep on top of the latest estate news and issues so we don’t lose touch with what’s most important to our clients.

15 November 2018 TAGS: Case Law

Case Brief: What happens when burial arrangements are contested?

In Miller v Miller, 2018 ONSC 6625 the children of the deceased strongly disagreed over where their mother should be buried until an estate trustee could be appointed by the court.

7 November 2018 TAGS: Estates

Make A Will Month

Every year, the Ontario Bar Association makes it their mission to educate Canadians on the importance of having a will by hosting free events across Ontario.

5 October 2018 TAGS: Estates

Five Pets that Inherited Big Money

What happens to your pets after you die? It has become increasingly common for people to set up trusts for their furry friends to make sure they’re being well taken care of after their owners have passed on.

17 September 2018 TAGS: Estates

TLA to Distribute NoticeConnect's Knowledge of a Will Notices

Our Knowledge of a Will notices ask the legal community if anyone has or knows about a particular will. We're proud to announce that the Toronto Lawyers Association will be distributing these notices to its members.

13 September 2018 TAGS: Case Law

Case Brief: When is a will invalid?

In Milne Estate (Re), 2018 ONSC 4174, the Superior Court answers the question: Is a will that grants the executors the discretion to determine what property is subject to the will a valid will?

24 August 2018 TAGS: Case Law

What happens when a beneficiary can't be found?

If a beneficiary can't be found, when is it appropriate to assume they've died? The Superior Court of Justice considered this issue in Steele v. Smith, 2018 ONSC 4601 and granted a motion declaring that a missing beneficiary had died before the testator.

9 July 2018 TAGS: Case Law

Court Approval: One year later

Today marks exactly one year since the Superior Court confirmed in a written decision that publishing a notice to creditors on NoticeConnect satisfies the Trustee Act.

18 June 2018 TAGS: Case Law

How long do surviving spouses have to choose between the FLA and SLRA regimes?

In Aquilina v Aquilina (2018 ONSC 3607), S.F. Dunphy J. explains when it is appropriate to extend the statutory deadline by which a surviving spouse must elect between equalization under the Family Law Act vs the Succession Law Reform Act.

29 May 2018 TAGS: Estates

Partnership Announcement

NoticeConnect is thrilled to announce our partnership with Do Process Software to integrate NoticeConnect with their award-winning program, Estate-a-Base®.

23 May 2018 TAGS: Estates

Four Ways to Find out if the Deceased had a Will

When it comes to administering an estate, it makes a big difference if someone dies with a will or without a will. But how do you actually know if the deceased had a will? And if you find one, how do you know it's the most recent?