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.

When can a will be signed by someone other than the testator?

One of the formal requirements of a valid will in Ontario is that it is signed by the testator or by some other person in his or her presence and on his or her direction. This means, that a will may be signed by an agent, or by amanuensis.

Revocation of Wills

Wills, by nature are revocable. In essence, testators have the freedom to change their mind about their testamentary dispositions. All they have to do is make a new Will.

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."

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.

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.

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.

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

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

It's easy to register your entire will vault on the Canada Will Registry

We're launching the Canada Will Registry this May. Your firm can start preparing to register its entire will vault in one bulk upload. Registration is simple, free, and beneficial to you and your clients.

Electronic Wills

For many decades, the formalities associated with wills have undergone little modification. With the rise of technology and the use of apps for just about everything, the rise of unforeseen circumstances for probate courts to confront is a new reality.

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