Articles 2023

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.

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.

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.

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.

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.

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.

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.

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.