Estates - NoticeConnect Blog

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.

20 April 2018 TAGS: Company Updates

"Estate Law 2.0" Event Recap

Thank you to everyone who came out last night to Estate Law 2.0, our joint CPD event with Lexis Nexis Canada.

19 April 2018 TAGS: Estates

Why should an estate trustee advertise for creditors?

If you’re an estate trustee then you should advertise for creditors to protect yourself from personal liability.

18 April 2018 TAGS: Estates

Is someone looking for a will in your vault?

If you draft wills for clients, you need to know if someone is looking for one of the wills stored in your vault.

4 April 2018 TAGS: Estates

Case Brief: Fica v Dmytrshyn

Nadia Dmytryshyn had two sons, Taras and Bryan, and a brother Ned. Taras and Ned had power of attorney over Nadia's property in the six months before her death and were then her Estate Trustees.