In estate matters, trustees (estate trustees/executors) must send notices, like the notice of application for probate, to beneficiaries at their last known address, often via mail or courier, and sometimes email, to ensure they are informed and have a chance to respond, with specific rules for minors or incapacitated individuals, and if a beneficiary can't be found, a court order may be needed for alternative notification, like newspaper ads, before proceeding. The consequences of not ensuring delivery at the last known address or by email is breach of trust or charges of deliberate, intentional fraud. Communication must be effective. The consequences in law are law suits in Tort for a failure to fulfill ones duty of care. Communication of the information involving the property for the beneficiary must comply with a certain professional standard to be expected of the reasonably trained and experienced trustee. In some cases, the trustee could be a government entity that sends notice to the property address in question by mail; not the beneficiary's current known address and also currentemail. This is not communication that is pursuant to the law, nor is it effective or sufficient to achieve the goals of the trust to ensure people are notified expeditiously. If we are using technology to a solve a problem, we solve it. Never mind what was done by the old man in the 19th century. We are here to do what is required of us in submitting to the law and order.
In estate matters, trustees (estate trustees/executors) must send notices, like the notice of application for probate, to beneficiaries at their last known address, often via mail or courier, and sometimes email, to ensure they are informed and have a chance to respond, with specific rules for minors or incapacitated individuals, and if a beneficiary can't be found, a court order may be needed for alternative notification, like newspaper ads, before proceeding.
The consequences of not ensuring delivery at the last known address or by email is breach of trust
or charges of deliberate, intentional fraud. Communication must be effective. The consequences
in law are law suits in Tort for a failure to fulfill ones duty of care. Communication of the information
involving the property for the beneficiary must comply with a certain professional standard
to be expected of the reasonably trained and experienced trustee. In some cases,
the trustee could be a government entity that sends notice to the property address in question by mail;
not the beneficiary's current known address
and also currentemail. This is not communication that is pursuant to the law, nor is it effective or sufficient to
achieve the goals of the trust to ensure people are notified expeditiously. If we are using technology to a solve a problem,
we solve it. Never mind what was done by the old man in the 19th century. We are here to do what is required of us in
submitting to the law and order.
- Duty to Inform: Trustees have a fiduciary duty to inform beneficiaries about the estate and their interest.
- Method of Delivery: Notices are typically sent by regular mail or courier to the beneficiary's last known address, or by email if that's the last known contact.
- Content: The notice usually includes information about the application for a Certificate of Appointment (probate) and a copy of the relevant parts of the Will.
- Timing: This notice must be given to beneficiaries before the trustee files the application with the court.
- Minors/Incapacitated Beneficiaries: Notice must also go to the Office of the Children's Lawyer or the Public Guardian and Trustee.
- Missing Beneficiaries: If a beneficiary can't be located, the trustee must apply to the court for an order allowing for alternative notice (e.g., newspaper advertisement) before the estate can be settled.
This process ensures beneficiaries are aware of the estate administration, know their entitlements, and have an opportunity to ask questions or raise concerns, upholding their rights within the estate process.
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