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Estates

A collection of 62 posts

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...

Joe Crawford
8 October 2020 TAGS: Estates

5 Things to Talk About When Managing Your Estate Plans

Managing estate plans can be intimidating. In fact, many people are so afraid of the thought of it that they fail to plan adequately. Or, it may seem that with so much to learn and do, you simply don’t know where to start.

Joe Crawford
24 September 2020 TAGS: Estates

Tips for Choosing an Executor

Choosing an executor is like hiring an employee. You have to consider the candidate's qualifications, experience, and if they're the right fit. In this blog, I review some factors to think about when selecting the right person for the job.

Stephanie Repic Stephanie Repic
9 July 2020 TAGS: Estates

4 Frequently Asked Questions About Posting a Notice to Creditors

Whether you're posting for a client or you're an estate trustee yourself, publishing a Notice to Creditors on NoticeConnect.com is an important step to protect the estate trustee from personal liability.

Stephanie Repic Stephanie Repic
11 June 2020 TAGS: Estates

HBO's Succession and Estate Planning Tips

HBO's hit show Succession chronicles the intertwined business and family drama of a high profile media family. The characters may be billionaires but the estate planning elements of the show are a reality for anyone doing succession planning.

Stephanie Repic Stephanie Repic
16 March 2020 TAGS: Estates

Death and Taxes: 5 Tips for Executors

Administering an estate? If you've never been an estate administrator before, it can seem like an overwhelming task with many bases to cover. It is helpful to know what you are getting yourself into and the best practices to properly administer an estate so that no stone is left unturned.

Stephanie Repic Stephanie Repic
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
4 February 2020 TAGS: Wills

Planning For Your Digital Assets

Simply put, Digital Assets can be anything stored on a physical device or on the cloud. Anything from an online account to a digital camera can be a digital asset.

Stephanie Repic Stephanie Repic
21 January 2020 TAGS: Estate Law

Practice Considerations: How to Avoid Solicitor Negligence

Negligence claims against estate practitioners have steadily increased. By following these simple best practice considerations avoid solicitor negligence.

Thijiba Sinnathamby Thijiba Sinnathamby
7 January 2020 TAGS: Guest Post

Case Brief: Executor Sought and Denied Indemnity From Beneficiaries for Income Tax Liability of Estate

In this recent Alberta Court of Queen's Bench case, Much Estate, the executor was found to be personally responsible for paying a significant portion of the estate's tax liability.

Kim Whaley Kim Whaley
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
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
22 September 2019 TAGS: Wills

Three Reasons to Search the Canada Will Registry

NoticeConnect's Canada Will Registry is open for searches. Searching our database of 100,000 wills is a vital step for estate administration. Here are three reasons why searching the Canada Will Registry should be part of your estate administration checklist.

Nathalie Siah Nathalie Siah
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
29 July 2019 TAGS: Estates

Five Elderly Fraud Scams to Watch Out For

There is sometimes a more sinister reason for people not passing down their wealth - it has been taken from them by scammers.

Lexie Hinde Lexie Hinde
22 July 2019 TAGS: Estates

Estate Plans of the Rich and Famous

Here are five billionaires with philanthropic estate plans.

Lexie Hinde Lexie Hinde
12 June 2019 TAGS: Wills

Estate Planning in Ancient Egypt

Writing a will ensures that you have a say over how your estate is handled after you die. This is nothing new. The oldest known will was created in Ancient Egypt.

Lexie Hinde Lexie Hinde
7 June 2019 TAGS: Estates

Where to Store Your Will

When thinking of where to store your will, it is important that you think of storing it in a secure place that will be safe from fire, water damage and theft.

Lexie Hinde Lexie Hinde
6 May 2019 TAGS: Executors

Terminal Tax Returns

When a person passes away, his or her executor or estate administrator is required to file a final income tax return. It is important to ensure that any outstanding tax returns from previous years are also completed and filed. Failure to file previous returns may result interest or penalty charges.

Patrick Hartford Patrick Hartford
26 April 2019 TAGS: Discussion

What Happens When a Will is Lost or Destroyed

Wills are required to legally administer the estate and should be kept somewhere safe (typically, in a safety deposit box at a bank, at the client’s lawyer’s office, or, a secure location at home).

Lexie Hinde Lexie Hinde
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.

Patrick Hartford Patrick Hartford
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."

Patrick Hartford Patrick Hartford
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.

Lexie Hinde Lexie Hinde
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.

Lexie Hinde Lexie Hinde
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.

Patrick Hartford Patrick Hartford


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