Articles 2019

Today
Today

Remembering Justice Glenn Hainey

  • January 04, 2022
  • Ian M. Hull, Hull & Hull LLP, and Rebecca Kennedy, Hull & Hull LLP,

The Honourable Justice Glenn Hainey passed away in October. He had a remarkable career and his contributions to the estates world during his time on the bench at the Toronto Estates List cannot be overstated. He will be greatly missed by the estates bar.

Student Forum, Trusts and Estates Law

Your Comprehensive Guide to Will Challenges (Part 4 of 6): Preparing for Trial

  • January 04, 2022
  • Charlotte Hobson, summer student, Lenczner Slaght LLP

The manner in which the steps leading up to a Will challenge trial are dealt with can have a significant impact on how the proceeding is ultimately concluded. In this article, Charlotte Hobson shares a summary of the fourth session of the Trusts and Estates Sections program dealing with Will challenges. This session addressed important steps including mediation, examinations, and retaining an expert witness.

Student Forum, Trusts and Estates Law

Your Comprehensive Guide to Will Challenges (Part 3 of 6): Navigating the Procedure and Orders Giving Directions

  • January 04, 2022
  • Charlotte Hobson, summer student, Lenczner Slaght LLP

At the third session of the OBA's Will Challenges program series, the speakers' focus was on procedure and orders giving directions. Panelists explained the differences between proceeding by action or application, and factors to consider in determining which is most appropriate. There was also a helpful discussion about some terms of an order giving directions that are particularly relevant in Will challenges. Charlotte Hobson shares her experience attending the program.

Student Forum, Trusts and Estates Law

ELUC Meeting Minutes - September 22, 2021

  • January 04, 2022
  • Estates List Users Committee

The Estates List Users Committee met in September to discuss a number of matters, including the appointment of Justice Dietrich as the new head of the Toronto Estates Court, new court scheduling practices, and the new Estates Bench and Bar Committee, among other things.

Student Forum, Trusts and Estates Law

Brown Bag Lunch - November 16, 2021

  • January 04, 2022
  • Rebecca Kennedy, associate, Hull & Hull LLP, Doug Higgins, law student, Hull & Hull LLP,

At the November Brown Bag Lunch, attendees enjoyed a lively debate about a hypothetical situation raised by one BBLer related to a beneficiary's interest in a real property that was owned by a trust, and the conditions of that interest. Participants also brainstormed how to ensure that a testator's charitable gifts are made in accordance with their wishes in light of an obstacle to fulfilling those wishes.

Student Forum, Trusts and Estates Law

Brown Bag Lunch - October 19, 2021

  • January 04, 2022
  • Rebecca Kennedy, associate, Hull & Hull LLP, Ekroop Sekhon, articling student, Hull & Hull LLP

In October, Trusts and Estates Law Section members gathered for the monthly Brown Bag Lunch. As always, participants raised interesting questions and topics for discussion, including missing beneficiaries, and how to designate a "successor owner" of an insurance policy. BBLers also discussed the upcoming changes to the Rules of Civil Procedure and the new probate forms.

Student Forum, Trusts and Estates Law

New Probate Forms and Rules to be In Place as of January 1st, 2022

  • January 01, 2022
  • Krystyne Rusek, Pallett Valo LLP

Effective January 1, 2022, significant changes to the Succession Law Reform Act, the Rules of Civil Procedure, and the forms for probate applications are coming into force. In this article, Krystyne Rusek reviews a number of the procedural changes that will apply immediately in the New Year. Given that there is no transitional period during which these changes will be phased in, it is important to be aware of, and understand the changes to avoid delays and rejected applications.

Student Forum, Trusts and Estates Law

Your Comprehensive Guide to Will Challenges (Part 2 of 6): Gathering the Evidence and Establishing the Grounds

  • October 13, 2021
  • Charlotte Hobson, summer student, Lenczner Slaght LLP

In a Will challenge, it is essential to understand which party bears the burden of proof on which issues, and in what circumstances. It is equally important to understand what kind of evidence will be needed, and the sources of evidence. In part two of this series of articles, Charlotte Hobson shares some information in this regard as imparted at the second session of a recent CPD program dealing with Will challenges.

Student Forum, Trusts and Estates Law

Your Comprehensive Guide to Will Challenges (Part 1 of 6): Preparing the Application

  • October 13, 2021
  • Charlotte Hobson, summer student, Lenczner Slaght LLP

Will challenge claims arise frequently, and lawyers who practice in the area of estates are certain to encounter them. It is important to have the tools and knowledge necessary to approach Will challenges with confidence. A recent CPD program series addressed various aspects of Will challenges and provided a comprehensive guide. In this first of a six-part series, one attendee shares a summary of the first session of the program, which deals with preparing the application.

Student Forum, Trusts and Estates Law

Re: Lacroix Estate: Holograph Wills and the Doctrine of Incorporation by Reference During the Time of COVID-19

  • October 13, 2021
  • Natalie Kodsi, articling student, WEL Partners

A holograph Will may seem like a good alternative to a formally executed Will, particularly in the time of COVID-19 lockdowns, when clients and counsel were at times unable to meet in person. The recent decision in Re: Lacroix Estate serves as a reminder that holograph Wills must still meet certain requirements in order to be valid, and highlights the importance of ensuring that all testamentary documents comply with the statutory writing and signing formalities.

Student Forum, Trusts and Estates Law