Articles

About Articles The following articles are published by the Trusts and Estates Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Jennifer Corak

Today
Today

Brown Bag Lunch Recap for May 2016

  • June 03, 2016
  • Elikem Deley, Sorbara, Schumacher, McCann LLP

A look back at the OBA's May 17, 2016 Brown Bag Lunch program.

Trusts and Estates Law

Notice Regarding New Form 74.44

  • June 03, 2016
  • Estates Subcommittee of the Civil Rules Committee

Form 74.44 (Notice of Application to Pass Accounts) has been amended effective May 26, 2016. The old form will not be accepted after June 30, 2016.

Trusts and Estates Law

Case Commentary: Spence v. BMO Trust Company, 2016 ONCA 196

  • May 10, 2016
  • Matthew Furrow

Spence v. BMO Trust Company is a recent and noteworthy decision of the Ontario Court of Appeal that defines the limits of the court’s power to strike down testamentary provisions on the basis of public policy.

Trusts and Estates Law

Minors on Title to Real Property

  • May 10, 2016
  • Elizabeth Seo

Minors can be registered as owners of real property in Ontario in their own names without the requirement of a trustee on title. This has several implications, including the need to involve the court and the Office of the Children's Lawyer in proposed transactions involving a minor's real property.

Trusts and Estates Law

The Admissibility of Hearsay Evidence in Guardianship and Capacity Proceedings

  • April 11, 2016
  • Yana Nedyalkova, J.D.

Applications for guardianship of an incapable person frequently involve the use of evidence that is technically hearsay. The courts are seldom rigorous in applying the common law hearsay evidence rule in guardianship and capacity proceedings, although the rule is observed more carefully in contentious guardianship applications.

Trusts and Estates Law