In August 2015, we published a blog post to inform our readers of a new online service, called NoticeConnect, which makes it possible for estate trustees to advertise for creditors online, rather than in print.
Recently, on July 7, 2017, a judge with the Superior Court of Justice in Toronto confirmed that advertising for creditors on NoticeConnect satisfies the advertising requirement under section 53(1) of the Trustee Act.
What is section 53(1) of the Trustee Act?
This section absolves from personal liability an estate trustee who has advertised for creditors, in the event a creditor later steps forward after the estate has been administered. This is because estate trustees have an obligation to ascertain and pay all debts owed by the deceased before administering the estate.
Estate trustees have historically published this notice in the local newspaper where the deceased resided. However, the Superior Court of Justice in Ontario has now confirmed that this requirement can be met by publishing online through NoticeConnect.
In a press release from July 10, 2017, co-founder of NoticeConnect, Patrick Harris, indicated that this “is a win for access to justice.”
For more information about advertising for creditors, contact our Wills and Estates Group.
