Articles 2019

Although the matter of the proper execution of a Will may seem simple, failure to duly execute a Will could have a major impact on whether a testator's wishes can be implemented after his or her death. In the recent Ontario Court of Appeal decision in Bayford v Boese, the Court considered the formal validity of a Will in interesting circumstances. This case comment by Jennifer Corak reviews the Court's appeal and costs decision.

Going forward, there will be a new province-wide bench and bar committee to allow communication and consultation regarding estates matters throughout Ontario. Angelique Moss shares a brief overview of the new committee's purposes and objectives.

At the final session of the OBA series dealing with Will challenges, attendees had the privilege of hearing directly from three Superior Court judges, who shared their insight on effective trial advocacy. The judges also provided helpful practice tips on related matters, including length and contents of affidavits, and strategies for dealing with difficult opposing counsel. Charlotte Hobson shares her experience attending the program.

In January, OBA Trusts and Estates Law Section members gathered for the first Brown Bag Lunch of 2022. Discussion topics included recent updates and lively debates about whether and when to provide a copy of a Will to a disinherited individual, and an estate trustee's obligation to defend a dependant's support claim.

Although it is rare that a matter actually proceeds to trial, it is important for counsel to feel comfortable with conducting one. In this fifth session of the OBA series about Will challenges, panelists shared tips and best practices in preparing witnesses, strategizing for cross-examination, and costs. Charlotte Hobson provides a summary of the program and shares her thoughts.

At the final Brown Bag Lunch of 2021, members of the Trusts and Estates Section gathered to discuss a variety of fascinating topics. Attendees shared recent updates to the law and interesting Court decisions, and had an interesting discussion about how patents and royalties are dealt with upon the death of the holder.

At the December meeting of the Estates List Users Committee, members discussed several important topics, including an update on the Estates Court, new scheduling procedures, and over the counter orders. Going forward, the ELUC will have a different format and will extend to the entire province of Ontario, instead of just Toronto.

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.

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.

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.