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

Estate Planning for Millennials and Gen Z: Tips from Practitioners

  • January 04, 2023
  • Demetre Vasilounis, Fasken Martineau DuMoulin LLP

A proper estate plan is just as important for Millennial and Gen Z individuals as it is for older generations. However, Millennial and Gen Z clients may have unique estate planning considerations, including non-traditional assets such as cryptocurrency or collections. Some aspects of an individual’s relationships or sexuality may also require special attention in creating an estate plan. Demetre Vasilounis reviews some of these factors as discussed at a recent CPD program.

Student Forum, Trusts and Estates Law

Q&A with Doreen So

  • December 22, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

In this first of a series of interviews with our colleagues in the estates bar, we are getting to know a bit more about Doreen So, an estate litigator and partner at Hull & Hull LLP.

Student Forum, Trusts and Estates Law

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - October 17, 2022

  • December 22, 2022
  • Ontario Estates Bench-Bar Liaison Committee

The Ontario Estates Bench-Bar Liaison Committee held their regularly scheduled quarterly meeting in October 2022. At this meeting, committee members considered various issues, including the next steps towards drafting a consolidated provincial practice direction for estates, possible amendments to the estates forms, and processing times for over-the-counter motions and applications for a certificate of appointment of estate trustee.

Trusts and Estates Law

Dependant’s Support: What Factors Determine a “Settled Intention” to Treat a Person as a Child of the Family?

  • December 22, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The recent decision in P.C.L., by her Litigation Guardians, E.C. et. al. v The Estate of B.L. et. al. considered in what circumstances a person will be found to have demonstrated a “settled intention” to treat an individual as a child, particularly in the context of a SLRA dependant’s support application. Notably, in this case, the court distinguished between an intention and a settled intention, and found on these particular facts that there was no settled intention.

Student Forum, Trusts and Estates Law

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - June 6, 2022

  • December 22, 2022
  • Ontario Estates Bench-Bar Liaison Committee

During the Ontario Estates Bench-Bar Liaison Committee's June meeting, the committee discussed several matters of importance to the Estates Bar. Topics addressed included estate model orders, updates to the practice direction, and other ongoing discussion points.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – November 15, 2022

  • December 22, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

In November, members of the Trusts and Estates Law Section gathered for the monthly Brown Bag Lunch. As always, attendees shared recent developments, and raised interesting practice questions. Topics discussed included a change to the practice direction for the Toronto Estates List, undertakings pursuant to s. 4(3) of the Estate Administration Tax Act, and how to deal with estate trustee compensation where there is tension with the beneficiaries.

Student Forum, Trusts and Estates Law

Brown Bag Lunch - October 18, 2022

  • December 22, 2022
  • Jennifer A.N. Corak and Jennifer Katz, Minden Gross LLP

At the October Brown Bag Lunch meeting, OBA Trusts and Estates Law Section members discussed a variety of interesting topics, including the Law Society of Ontario’s recent decision to terminate the Certified Specialist Program, holograph Wills, partial intestacies, and situations where most or all assets pass outside of the estate leaving insufficient assets to satisfy debts.

Student Forum, Trusts and Estates Law

Are Estate Litigators FDR Professionals?

  • October 13, 2022
  • Nick Esterbauer, Hull & Hull LLP

Estate law and family law share a number of common features. The focus of many files in both areas of law is resolving the dispute and allowing clients to move on with their lives (and, where possible, preserving a relationship with the other parties to the dispute). With so much overlap, it may be helpful for estate and family lawyers, respectively, to share perspectives and experiences, and hear of alternative strategies for resolving family disputes.

Student Forum, Trusts and Estates Law

Dependent Support Claims: Liabilities of the Estate Trustee

  • October 07, 2022
  • Kimberly Gale and Palak Mahajan, Gale Law

When a testator dies without providing adequate support for any of his or her dependants, a dependant may bring an application for support under the Succession Law Reform Act. There is a limitation period for bringing such an application. As discussed by Kim Gale and Palak Mahajan, to avoid certain negative consequences, estate trustees would be well-advised not to distribute the estate assets until that time is up.

Student Forum, Trusts and Estates Law