This past year was a busy one for your Section Executive and we want to provide you with this somewhat dry, yet very informative update on current and upcoming legislative changes and public affairs issues.
Changes to Probate Forms and Procedures
On January 1st of this year, broad changes were made to Rule 74 of the Rules of Civil Procedure and to the corresponding probate forms. Immediately, issues began to be noted by practitioners and communicated to our Section Executive. In response, a subcommittee was formed to collect and compile comments and questions on the new processes and forms, which were then communicated to our contacts at the Ministry of the Attorney General.
Various problems were quickly addressed through non-substantive changes to the forms, while other substantive changes, requiring legislative amendments, were put in place on July 1st, when O. Reg. 435/22 was passed. A detailed summary of the changes can be found at: https://ontariocourtforms.on.ca/static/media/uploads/courtforms/civil/summary_of_rcp_amendment_regulation_o.reg._435_22_amending_estate_court_rules_and_forms.pdf
The Court Services Division also made it possible for practitioners to sign up to receive automatic updates of the Estates Procedures Manual, which provides guidance on various types of applications and corresponding informational and documentary requirements, as well as instructions on completing probate forms. In the past, practitioners were able to request a copy, however there was no notification system in place for changes to the manual. Going forward, practitioners who have signed up, by sending an email to csdmanual@ontario.ca, will be notified when the manual changes and will be automatically provided with a copy.
Potential abolishment of the Certified Specialist Program
As part of a review conducted by the Competence Task Force of the Law Society of Ontario in 2021-2022, recommendations were made to abolish the Certified Specialist Program. On May 26th, 2022, Convocation met and approved a new competency framework, which included a decision to wind up the program.
In response to this somewhat unexpected decision, the OBA set up a working group to review whether the program should remain in place. At September Convocation, a motion was passed to suspend the wind up of the program pending further consultation with the profession, with a report and recommendation to Convocation to be provided by the Competence Task Force before the end of 2023.
Our Section has been participating in the working group and will be seeking input from our members to guide our submissions to the working group.
Review of Tariff C rates on passing of accounts
Our Section is providing input to the Civil Rules Committee as to whether increases ought to be made to the legal fee rates fixed by Tariff C for passings of accounts. These tariffs have not changed since 2012 and the rates generally do not reflect the actual costs to the estate trustees and other parties to the application. We will keep you advised of developments.
Online estate planning platforms
In November, our Section became aware that the Law Society had approved the estate planning platform, Willful, for a two-year test phase, during which the Law Society will monitor its operation and review whether the platform provides a benefit to consumers, while complying with requirements that protect the public. Our Section Executive is in the process of collecting information and will provide updates to its members on developments and the OBA's position.
Mandatory Succession Planning
The Law Society of Ontario is reviewing the potential implementation of mandatory succession planning for all licensees. As stated by the LSO, a mandatory succession plan requirement would protect client interests, ensure licensee compliance with professional obligations, and reduce Law Society administration.
Our Section is participating in a working group to make submissions on the proposed requirements, and in particular, trust and estate law specific issues, including:
- possession by lawyers of original wills, trust deeds and powers of attorney
- lawyers named and/or appointed as estate trustees
For information on the LSO’s consultation report, please visit: https://lso.ca/about-lso/initiatives/mandatory-succession-planning. We will keep you updated as to our Section’s participation in the consultation.
We thank all the members who have contacted us with their issues and concerns and we ask that you continue to allow us to assist where possible. We can be reached at krusek@pallettvalo.com and amoss@caseyandmoss.com.
May all of you have a happy and successful 2023!
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.