While estate trustees are not required to advertise for creditors, failure to do so can, in certain circumstances, leave an estate trustee personally liable should a creditor or creditors make claims against an estate once it has been distributed. There are no specific requirements for advertising for creditors in the Trustee Act, RSO 1990, c T.23, however, it is generally accepted practice to place a Notice to Creditors in the deceased’s local newspaper or to advertise for creditors with the Ontario Gazette. These options are often expensive, and estate trustees can face a difficult choice between expending significant estate assets on advertising to creditors or leaving themselves exposed to personal liability down the line.
However, in a Judgment rendered on July 7, 2017, in the Estate of Corrol Allen Dale, Justice Conway held that a Notice to Creditors posted on noticeconnect.com was sufficient to grant a trustee protection from personal liability under section 53(1) of the Trustee Act. The fee for posting a Notice to Creditors online with Notice Connect is $130, providing estate trustees with an additional, and in many cases less expensive, means of protecting themselves against personal liability with respect to creditors of an estate.