Articles 2024

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Today
Andrea M. Hill

The Hotchpot Clause: A Simple Tool for Equalizing Gifts to Beneficiaries

  • January 07, 2020
  • Andrea M. Hill, Turkstra Mazza Associates

When used properly, a hotchpot clause can equalize beneficiaries for a parent’s prior unequal treatment, promote fairness, and potentially reduce the prospect of estate litigation. But, these clauses require careful consideration and detailed information from the testator. Learn what a hotchpot clause can apply to, how exactly one brings past gifts or loans “into hotchpot,” and some issues to consider when drafting.

Student Forum, Trusts and Estates Law
Kathryn Balter

A Reflection on the OBA’s Dinner with Senior Estate Planners

  • January 06, 2020
  • Kathryn Balter, partner, Fogler, Rubinoff LLP

The OBA’s Dinner with Senior Estate Planners is one of the most popular estate planning events of the year. In this article, one attendee highlights a few of the reasons for its success, and summarizes some key insights provided by the panelists.

Student Forum, Trusts and Estates Law

Brown Bag Lunch - November 19, 2019

  • December 31, 2019
  • Rebecca Rauws, associate, and Celine Dookie, articling student, Hull & Hull LLP

Highlights from the November 19, 2019 Brown Bag Lunch, including discussions of Notice Connect's Will registry, minor children as beneficiaries of Henson trusts, the use of the phrase "children per stirpes," how a successor executor can be appointed, and a new approach to confirming the capacity of a potential testator client.

Student Forum, Trusts and Estates Law

Administration Bonds, Part 1 of 2: Dispensing with the Bond

  • December 27, 2019
  • Daniel Litsos, student-at-law, Macdonald Sager Manis LLP

In several common scenarios, an estate trustee may have to post a bond before the court will grant probate. Estate trustees routinely ask the court to waive the bond requirement, but the application process is more rigorous than many estates practitioners appreciate. Don't have your client's application needlessly rejected. This article, Part 1 of a two-part series, highlights common mistakes and oversights. Part 2 will explain how to obtain a bond, if it becomes necessary.

Student Forum, Trusts and Estates Law

Brown Bag Lunch - October 15, 2019

  • December 27, 2019
  • Rebecca Rauws, associate, and Sean Hess, student, Hull & Hull LLP

Highlights from the October 15 meeting of the OBA's Brown Bag Lunch program for estates and trusts practitioners, including discussion of common probate issues, insolvent estates, electronic estate-planning tools, and the purpose (or lack thereof) of survivorship clauses.

Student Forum, Trusts and Estates Law
Gillian Fournie, partner, de VRIES LITIGATION LLP

Tenancy and Equitable Ownership – Not Mutually Exclusive

  • October 08, 2019
  • Gillian Fournie, partner, de VRIES LITIGATION LLP

When can a tenant also be an owner? This article looks at the recent case of Warraich v Choudhry et al, where the Superior Court answers that question, and examines a complicated landlord-tenant and co-owner relationship that engaged issues of oral agreements over land, contract interpretation, constructive trust claims, and accounting issues.

Real Property Law, Student Forum, Trusts and Estates Law
Marly Peikes, associate lawyer, O’Sullivan Estate Lawyers LLP

Mutual Wills: How They Are Created and When a Constructive Trust Will be Imposed

  • October 07, 2019
  • Marly Peikes, associate lawyer, O’Sullivan Estate Lawyers LLP

A review and analysis of the current law regarding mutual wills, including how they differ from mirror wills, their legal requirements, and how the intended beneficiaries can seek enforcement of their terms. This article also examines the recent case of Nelson v. Trottier where the court examined when a constructive trust will arise to protect the beneficiaries' interests.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – September 17, 2019

  • October 04, 2019
  • Rebecca Rauws, associate, and Devin McMurtry, articling student, Hull & Hull LLP,

Highlights from the September 17, 2019 Brown Bag Lunch, including discussions of multiple wills, best practices when a parent wishes to disinherit a child, assessing capacity via Skype, and many other issues relevant to an estates and trust practice.

Student Forum, Trusts and Estates Law

Pro Bono Students Canada: Volunteer Lawyer Supervisor Call Out

  • August 07, 2019

PBSC's University of Toronto and Osgoode Hall Chapters are currently recruiting Lawyer Supervisors to assist with the operation of two Toronto-based pro bono clinics that provide wills, powers of attorney for property and personal care, and reporting letters for low-income individuals.

Student Forum, Trusts and Estates Law