Statutory Notification of Death
Relevant legislation for Canada
Province | Testate (With a Will) |
Ontario | 1) Succession Law Reform Act (SLRA), R.S.O. 1990, c. S.26, Part I. Section 2: Validity of wills and appointment of executors. Section 5: Formalities for valid execution of wills. 2) Estates Act, R.S.O. 1990, c. E.21. Section 3: Application for Certificate of Appointment of Estate Trustee With a Will. Section 16: Executor powers and authority to act upon probate. 3) Personal Information Protection and Electronic Documents Act (PIPEDA). Section 7(3)(h.2): Disclosure of personal information to an executor or administrator for estate settlement. Schedule 1, Principle 4.5: Limits collection and use of personal data to what is necessary for estate administration. Schedule 1, Principle 4.7: Security safeguards for protecting estate-related personal information. |
British Columbia | 11) Wills, Estates and Succession Act (WESA), S.B.C. 2009, c. 13. Part 4, Division 1: Formal requirements for making a valid will. Part 6: Role and powers of executors in administering the estate. 2) Probate Rules, B.C. Reg. 149/2013. Rule 25-3: Procedure for obtaining a Grant of Probate. Rule 25-10: Duties and powers of executors. 3) Freedom of Information and Protection of Privacy Act (FIPPA). Section 30: Responsibility to protect personal data during probate. Section 31: Regulations for data retention and destruction post-administration. |
Quebec | 1) Civil Code of Quebec, Articles 703–807. Article 705: Requirements for holograph wills and wills made in the presence of witnesses. Article 785: Role and appointment of a liquidator. Article 802: Liquidator’s obligation to account for and distribute estate assets. 2) Code of Civil Procedure, Chapter C-25.01, Article 817 (Amendment integrated into the Civil Code, a. 237). Steps for probate of wills that are not notarial (e.g., holograph wills). 3) Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information. Section 59: Grants access to records needed for estate administration. Section 64: Sets obligations for protecting personal information during probate. |
Alberta | 1) Wills and Succession Act, S.A. 2010, c. W-12.2. 2) Estate Administration Act, S.A. 2014, c. E-12.5. Part 3: Application process for Grant of Probate. Section 14: Executor’s authority and responsibilities. 3) Personal Information Protection Act (PIPA). Section 19: Limits on the collection and use of personal information. Section 35: Rules for secure destruction of personal data once probate is complete. |
Manitoba | 1) Wills Act, C.C.S.M. c. W150. Section 4: Validity of wills and required formalities. Section 15: Revocation of wills and related procedures. 2) Court of King’s Bench Rules, Rule 74. Rule 74.07: Application process for Grant of Probate. Rule 74.14: Executor’s responsibilities to account for and distribute the estate. 3) Freedom of Information and Protection of Privacy Act (FIPPA). Section 44(1)(h): Allows for disclosure of personal information for estate settlement. Section 41: Requirements for securing personal data. Section 40: Regulations for retention and destruction of information post-settlement. |
Saskatchewan | 1) The Wills Act, 1996, S.S. 1996, c. W-14.1. Section 7: Formal execution of wills. Section 11: Revocation and alterations to wills. 2) The Administration of Estates Act, S.S. 1998, c. A-4.1. 3) Local Authority Freedom of Information and Protection of Privacy Act. Section 30: Responsibilities for secure handling and retention of data. |
Newfoundland and Labrador | 1) Wills Act, R.S.N.L. 1990, c. W-10. 2) Access to Information and Protection of Privacy Act (ATIPPA). Section 68(1)(m): Permits disclosure of personal information necessary for estate settlement. Section 61: Requirements for safeguarding estate-related information during administration. Section 66: Retention and secure disposal of personal information. |
Prince Edward Island | 1. North Carolina General Statutes (N.C.G.S.), Chapter 28A Article 2, S1. North Carolina General Statutes (N.C.G.S.), Chapter 28A 2. North Carolina General Statutes Section 28A-13-3 & Gramm-Leach-Bliley Act (15 U.S.C. § 6802(c)) 3. Gramm-Leach-Bliley Act (15 U.S.C. § 6801 – 6809) |
Yukon | 1) Estate Administration Act, RSY 2002, c. 77. 2) Wills Act, R.S.Y. 2002, c. 230. Section 6: Formal requirements for valid wills. Section 15: Revocation and alterations to wills. 3) Access to Information and Protection of Privacy Act (ATIPP). Division 5: Permits disclosure of personal data necessary for probate. Division 7: Safeguards for protecting sensitive information related to estate administration. Section 22: Rules for retention and secure destruction of personal information. |
Northwest Territories | 1) Intestate Succession Act, R.S.N.W.T. 1988, c. I-10 (applies alongside wills for incomplete dispositions). 2) Access to Information and Protection of Privacy Act (ATIPP). Section 48(1)(g): Permits disclosure of personal information for settling estates. Section 42: Obligations for secure handling of information. Section 49(c): Requirements for data retention and destruction. |
Nunavut | 1) Intestate Succession Act, R.S.N.W.T. 1988, c. I-10 (as adapted for Nunavut law). 2) Access to Information and Protection of Privacy Act (ATIPP). Section 48(1)(g): Allows for the use of personal data to administer estates. Section 42: Security standards for protecting information during estate management. Section 49(c): Disposal of information upon completion of probate. |