Deadbeat

About ArticlesLes articles ci-dessous sont publiés par la Section du droit des fiducies et des successions de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : Rebecca Kennedy

Aujourdʼhui
Aujourdʼhui

Family Dynamics at the OLC

  • 27 février 2024
  • Gosha G.S. Sekhon, owner/principal lawyer at Sekhon Legal Services

In this article, Gosha Sekhon highlights takeaways from the Family Dynamics plenary of the OBA’s 2024 Ontario Legal Conference, reminding us to get context around a client’s instructions, that experiencing the death of a family member can be a form of trauma, that all human beings see the world through their own unique lens and being a lawyer does not change that, and more.

Student Forum, Droit des fiducies et des successions

Roadmap to Effective Testamentary Charitable Giving

  • 27 février 2024
  • Rami Aziz, Aziz Law Professional Corporation

On January 17, 2024, the OBA’s Trust and Estates section hosted a panel of experts to discuss testamentary charitable giving. In this article, Rami Aziz discusses this program, starting with a discussion of gifts in kind and the importance of adequately investigating a testator’s assets, and then moving on to discuss strategies for drafting lawyers to minimize risk and considerations when the intention is for donations to be made after death.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – January 16, 2024

  • 13 février 2024
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

On January 16, 2024, members of the Trusts and Estates Section kicked off the new year with another interesting Brown Bag Lunch meeting. They were provided with updates regarding the turnaround time for applications for a certificate of appointment, considered issues relating to trust planning, and discussed what happens when a residuary beneficiary disclaims their interest in an estate. The next two Brown Bag Lunch meetings will be held on March 19 and April 16, 2024.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – December 19, 2023

  • 13 février 2024
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

Members of the Ontario Trusts and Estates bar showed up to the last Brown Bag Lunch of 2023 ready to discuss a variety of interesting topics and practice questions. Discussions centered around appointing a non-resident beneficiary as estate trustee without a Will, a complicated trust scenario and the decision of D’Onofrio v Riley (ONSC).

Student Forum, Droit des fiducies et des successions

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes – October 16, 2023

  • 13 février 2024
  • Ontario Estates Bench-Bar Liaison Committee

In October 2023, at the Ontario Estates Bench-Bar Liaison Committee meeting, various matters were discussed. Topics included issues with deadlines for notice of withdrawal of objections and requests for increased costs, the fact that Rule 1.06(3) of the Rules of Civil Procedure is revoked on November 4, 2023, pursuant to O. Reg. 188/23, estate administration tax deferral requests, issues affecting Rule 74.03, recent decisions related to changes to the Succession Law Reform Act, and more.

Droit des fiducies et des successions

You’re Going to Court In Person?!! An update on courtroom technology from your Section Technology Liaisons

  • 04 janvier 2024
  • Krystyne Rusek and Mitchell Rattner, Section Technology Liaisons, with assistance from Matthew Bradley (Speigel Nichols Fox, LLP)

While most court attendances are still proceeding via Zoom, there has been a gradual resumption of in-person hearings for certain matters. The OBA Trusts and Estates Law Section Technology Liaisons have prepared a guide to attending court in person, which covers such topics as Wi-Fi access, hybrid Zoom/in-person hearings, available technology, and suggested practices for counsel.

Student Forum, Droit des fiducies et des successions

Insurance for Business Owners

  • 03 janvier 2024
  • Holly LeValliant and Jay Hershfield, Scotia Wealth Management

Insurance can be a useful tool for someone preparing their estate plan. In this article, Jay Hershfield and Holly LeValliant discuss the unique advantages insurance has for business owners. They discuss how a business owner may use insurance to provide for the smooth transfer of their business, to equalize their estate, and to maximize the value of their estate.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – November 21, 2023

  • 12 décembre 2023
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

Members of the Ontario Trusts and Estates bar met in November for the OBA’s monthly Brown Bag Lunch. Topics discussed included the handling of cheques made out to an estate where probate has not yet been obtained, the new CRA trust reporting requirements and indemnity agreements from a bank requiring an attorney seeking to act under a continuing power of attorney for property to indemnify the bank for any loss.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – October 17, 2023

  • 12 décembre 2023
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The first Brown Bag Lunch of the OBA’s 2023-2024 term was held on October 17, 2023. After taking a break over the summer, OBA members were eager to gather to discuss matters related to their practice, including obtaining electronic certificates of appointment of estate trustee, probate forms, affidavits of condition of Will or codicil, and codicils generally.

Student Forum, Droit des fiducies et des successions

Empowering Endings: Insights from OBA’S “Comprehensive End-of-Life Planning” Program

  • 05 décembre 2023
  • Yalda Mousavi, articling student, WeirFoulds LLP

On October 19, 2023, experts gathered on the OBA’s panel and provided meaningful insights on comprehensive end-of-life planning. Beyond wills, the panel emphasized the importance of key documents, such as powers of attorney and advance care directives, to ensure that end-of-life wishes are well understood, documented, and followed. The audience was also reminded of the significance of family involvement, transparent communication, and early initiation of uncomfortable discussions.

Elder Law, Student Forum, Droit des fiducies et des successions