Articles 2020

RESPs are a great tool to save money for a child’s post-secondary education. But who actually owns the funds in an RESP? The recent decision of Labatte v Labatte considered the matter of an RESP created by spouses who later divorced, and the question of when an RESP might be held in trust.

The last Brown Bag Lunch of 2021-2022 was held in June. OBA members gathered, as usual, to discuss interesting practice questions and to share their experiences. Topics discussed in June included issues relating to the storage of original Wills and what constitutes a first dealing.

This past term, the OBA Trusts and Estates Section created its first Equity, Diversity and Inclusion Subcommittee. The Subcommittee first worked on identifying and developing its vision and mission, and then went on to propose a number of strategies to further that vision and mission. The EDI Subcommittee looks forward to the next steps in advancing equity, diversity and inclusion initiatives at the OBA.

Estate planning can be particularly difficult for parents of special needs children. Such children may need to be treated differently in the estate planning context, perhaps by receiving an unequal distribution from the parents’ estates to ensure they are provided for sufficiently. This raises an important question: will an unequal distribution for this purpose lead to a Will challenge by other family members?

The Brown Bag Lunch is a great forum to raise interesting and challenging practice questions among Trusts and Estates colleagues. In May, OBA members met for another monthly Brown Bag Lunch. Topics discussed included a recent decision about pour-over Wills, practical issues in obtaining an ancillary grant of probate, and more.

In April, the Ontario Estates Bench-Bar Liaison Committee held two meetings: the regularly scheduled meeting, and a special meeting at which Justice Dietrich made an announcement regarding the Toronto Estates and Commercial Lists. During the regular quarterly meeting, the committee discussed, among other things, the adoption or adaptation of the Toronto estates practice direction in other regions, and whether consent orders are permitted to be sought at 9:30 scheduling appointments.

The April Brown Bag Lunch was as interesting as ever. Attendees shared their experiences and gave input on a number of topics raised, including how to draft clauses for executor’s compensation and other practical matters.

When someone dies without a Will in Ontario, there are several issues that can come up vis-à-vis the deceased person’s spouse. One is the spouse’s preferential share, which was recently increased to $350,000, and another is whether the spouse will even be entitled to share in the distribution of the deceased person’s estate on an intestacy. Is Ontario behind the times in dealing with spouses in its intestacy rules?

A new bench-bar committee has been established at the request of the Superior Court of Justice’s Regional Senior Judges Council. The Ontario Estates Bench-Bar Liaison Committee had its first meeting in January 2022. At the January meeting, the Committee discussed several topics, including Estates List model orders, tracking decisions made pursuant to recent changes to the Succession Law Reform Act, and clarification regarding scheduling and court bookings for the Toronto Estates Office.

In December 2021, British Columbia became the first province to allow electronic Wills. Although there are certainly some potential pitfalls of electronic Wills, there are also a great deal of benefits, including practical considerations. Time will tell how successful BC's foray into electronic Wills is, and whether other provinces may also develop their own legislation in that regard.