Articles

About Articles The following articles are published by the Trusts and Estates Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Rebecca Kennedy

Today
Today

OBA Trusts and Estates Section EDI Subcommittee Finishes its First Year

  • June 30, 2022
  • Nicole Woodward, Miller Thomson LLP

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.

Student Forum, Trusts and Estates Law

Special Planning Required for Special Needs Beneficiaries

  • June 30, 2022
  • Tori Joseph, Tupman & Bloom LLP

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?

Student Forum, Trusts and Estates Law

Brown Bag Lunch – May 17, 2022

  • June 30, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

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.

Student Forum, Trusts and Estates Law

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - April 4 and 6, 2022

  • June 30, 2022
  • Ontario Estates Bench-Bar Liaison Committee

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.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – April 19, 2022

  • June 30, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

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.

Student Forum, Trusts and Estates Law

Time for Change: Ontario’s Intestacy Rules

  • June 30, 2022
  • Marly Peikes, O'Sullivan Estate Lawyers LLP

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?

Student Forum, Trusts and Estates Law

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - January 31, 2022

  • May 07, 2022
  • Ontario Estates Bench-Bar Liaison Committee

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.

Student Forum, Trusts and Estates Law

British Columbia Allows Electronic Wills – A Glimpse into Ontario’s Future?

  • April 30, 2022
  • Stephen Hsia, Miller Thomson LLP, Vancouver

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.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – March 15, 2022

  • April 30, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

Members of the OBA's Trusts and Estates Law Section gathered in March for the monthly Brown Bag Lunch. As always, participants raised fascinating practice questions, including an animated discussion about the concept of making a gift to an executor in lieu of compensation. One participant also previewed that some additional proposed changes to the probate forms and Rules would be coming shortly.

Student Forum, Trusts and Estates Law

Multiple Will Mishap

  • April 30, 2022
  • Honor Lay, Miller Thomson LLP

Multiple Wills can be a helpful estate planning strategy, which can result in significant estate administration tax savings. However, prudent drafting is key, as an error can lead to confusion and delay, as well as increased costs to the estate. Fortunately, the result in Gordon v Gordon, 2022 ONSC 550 was a good one for the executors and the drafting lawyer, but the decision serves as a reminder that even a simple error could potentially have significant negative consequences.

Student Forum, Trusts and Estates Law