Estates - NoticeConnect Blog

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?

15 May 2018 TAGS: Case Law

Case Brief: Koster v. Koster, 2018 ONSC 2321

George Koster died in 2014 at the age of 94. George's nieces and nephews brought an application challenging the validity of George's will on the grounds that George's mistress-turned-wife, Elizabeth, had unduly influence George.

14 May 2018 TAGS: Estates

Which estate trustees should advertise for creditors?

Every estate trustee should advertise for creditors on NoticeConnect to protect themselves from liability. If an estate trustee fails to advertise for creditors, they can be held liable for the full amount of the deceased's outstanding debts.

11 May 2018 TAGS: Company Updates

We're at the CCLA East Region Solicitors Conference

NoticeConnect is at the County of Carleton Law Association's 24th East Region Solicitors Conference, as a sponsor and as the subject of one of this year's presentations.

2 May 2018 TAGS: Executors

What happens if someone doesn't want to be an estate trustee?

Many people consider it an honour to be the estate trustee for a friend or family member - a privilege reserved for a special, trusted person. But being an estate trustee isn't easy. It's a massive time-consuming responsibility that should not be taken on lightly.

1 May 2018 TAGS: Estates

Key Considerations When Administering Insolvent Estates

Estate trustees have an ongoing fiduciary obligation to pay all estate debts in full, which means that trustees handling insolvent or bankrupt estates must be extra cautious when administering the estate.

30 April 2018 TAGS: Collections

What are estate notices to creditors and how do they help with collections?

Estate notices to creditors are advertisements that alert the public about an estate being administered. The idea is that when someone dies, the lawyer or estate trustee handling their affairs needs to pay the deceased's debts before they can distribute the estate.

27 April 2018 TAGS: Estates

Estate law horror stories: the unruly trustee

Many testators provide clear direction on the administration of their assets and appoint trusted and responsible friends or family members as their estate trustees. But there are many instances where these individuals ignore their fiduciary duties to the testator’s estate, with disastrous results.

25 April 2018 TAGS: Estates

Three situations where an estate trustee should retain a lawyer

It's always a good idea for an estate trustee to retain a lawyer. Estates and trust litigation is a complex area of law, and making mistakes can mean personal liability.

23 April 2018 TAGS: Estates

Five Things Estate Trustees Should Do Right Away

The estate trustee is the person who is primarily responsible for the administration of the estate. They have a fiduciary duty to hold the estate in trust for the beneficiaries unless a contrary intention is expressly provided in the will.