October’s BBL hosted a lively dialogue covering a wide variety of topic in wills, trust and estate litigation. Below is a sampling of some of the key points of the discussion.
The initial topic pertained to the service of Applications to Pass Accounts and the appropriate persons to serve.
The conversation then moved towards the recent decision of the Honourable Justice Myers, of the Toronto Estates List, in the case of Meyer v Rubin, 2017 ONSC 3498. A fruitful discussion was had regarding the expanded role of the ETDL and the potential for ETDL’s to be appointed in cases where a Will is not necessarily being challenged.
Next, the topic of executor insurance was introduced and how BBL’ers included appropriate provisions in Wills.
After this, the focus of the conversation turned to whether the grantor of a Power of Attorney can include a provision that allows the appointed Attorney to later appoint a replacement Attorney of his or her choosing in the event the first Attorney is unable to act.
Thereafter, discussion arose with respect to the steps a solicitor should take when concerns regarding conflict of interest, testator’s capacity and undue influence arise.
The BBL concluded with a discussion regarding the treatment of real property in contemplation of probate applications and the steps a solicitor should consider when dealing with this type of asset.
This recap provides only a brief summary of some of the hot topics discussed at this month’s BBL. All members of the Ontario Bar Association are encouraged to attend the next BBL on November 21, 2017 at 12:00 p.m.