Members of the Trusts and Estates Section gathered in January to kick off a new year of always interesting Brown Bag Lunch meetings.
To begin the meeting, one attendee shared that the Estates Court has communicated that the turnaround time for applications for a certificate of appointment is down to 7 weeks, and that the Court is working to reduce that time further. Another attendee shared that they have had good experiences lately when calling the Toronto Estates Office to request updates on files.
Next, a BBLer sought input from attendees on an interesting matter. The BBLer had been asked to draft a trust for a beneficiary with addiction issues who wished to settle a trust for a fairly large inheritance from an estate. The beneficiary in question would still be the beneficiary of the trust to be settled, but given the addiction issues, the beneficiary decided independently that it would be better for them not to receive the inheritance money outright. BBLers shared their thoughts on the scenario and offered some suggestions to the member who had raised this topic.
The next topic of discussion concerned what happens when a residuary beneficiary disclaims their interest in an estate—does that share then get distributed on an intestacy or would the Will be interpreted as if the disclaiming beneficiary had predeceased? This question led to a fascinating discussion. Some BBLers shared that they include clauses in their Wills setting out what is to happen in such an event.
The next two Brown Bag Lunch meetings will be held on March 19 and April 16, 2024. If you wish to attend, please contact Rebecca Kennedy at rkennedy@agbllp.com for Zoom details.
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