On May 14, 2019, OBA members from across Ontario took part in the penultimate Trusts and Estates Law Brown Bag Lunch (BBL) to discuss noteworthy practice considerations and topical legal issues. The addition of several new BBLers infused many of the discussions with new perspectives which collectively benefited everyone who tuned in.
The BBL opened with a discussion on the recent decision from Quaggiotto v Quaggiotto, 2019 ONCA 107. The appeal involved a dispute between two brothers over a codicil executed by their elderly mother. The decision highlighted the issue of capacity and what a testator needs to know when making a change to their Last Will and Testament. BBL’ers shared their thoughts on the court’s decision and its statement that, “a competent testator does not have to know the precise makeup of her estate.”
The discussion then switched to the taxation of power of attorney fees. BBLers considered how an individual not in the business of providing power of attorney services would be taxed upon receiving power of attorney compensation. For those in the business of providing power of attorney services, the tax obligations to the Canada Revenue Agency were clarified.
The conversation then focused on estate administration, where the steps to seek a court status certificate was shared. Members guided each other on what to do if you do not have an affidavit of execution and the witnesses cannot be found when applying for a Certificate of Appointment of Estate Trustee with a Will. Furthermore, when administering an estate, a BBLer asked for input on how to handle a circumstance where a will refers to a memorandum that cannot be found.
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