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

Joint Ownership as a Probate Planning Strategy - The Cautionary Tale of Jackson v Rosenberg

  • October 13, 2023
  • Jennifer Corak, WeirFoulds LLP

Jackson v Rosenberg, a recent decision of the Ontario Superior Court of Justice, reminds us of the complications that can arise when adding an adult as joint tenant on property for probate planning purposes. In this article, Jennifer Corak reviews the Court’s considerations and conclusions.

Student Forum, Trusts and Estates Law

In Case You Missed It: Updates to Ontario Probate Application Forms

  • October 10, 2023
  • Lori Isaj and Sanaya Mistry, WeirFoulds LLP

The warm and long summer days brought with them changes to the Ontario court forms for applications for appointment of estate trustee under the Rules of Civil Procedure. In this article, Lori Isaj and Sanaya Mistry review changes to Forms 74A, 74.1A and 74J.

Student Forum, Trusts and Estates Law

Speech on Receiving Award of Excellence in Trusts & Estates Law

  • June 29, 2023
  • Howard S. Black, Miller Thomson LLP

On June 26, 2023, Howard Black was presented with the OBA Award of Excellence in Trusts and Estates for 2023. For anyone who may have missed this wonderful event, or for those who want to experience it again, Howard has kindly agreed to share a copy of his speech. Many congratulations to the very deserving Howard Black.

Student Forum, Trusts and Estates Law

The Year in Review from your Public Affairs Liaisons

  • June 29, 2023
  • Krystyne Rusek, Pallett Valo LLP and Angelique Moss, Casey & Moss LLP

Your Public Affairs Liaisons, Krystyne Rusek and Angelique Moss, have been hard at work bringing issues of legislative change and public affairs affecting the estates bar to the attention of our Executive and to our members. Further to the previous update provided in March, Krystyne and Angelique provide an additional update summarizing recent matters.

Student Forum, Trusts and Estates Law

Top Estates & Trusts Cases of 2023 So Far

  • June 26, 2023
  • Garrett Horrocks, Mills & Mills LLP

Although we are only halfway through 2023, there have been plenty of interesting trusts and estates decisions that have been released so far this year. In this article, Garrett Horrocks reviews several of the top cases from the first half of 2023.

Student Forum, Trusts and Estates Law

Q&A with Lucinda (Lucy) Main and Lori Isaj

  • June 26, 2023
  • Lucinda Main, Lori Isaj, Sanaya Mistry, WeirFoulds LLP

As part of a series of Q&As, in this article Sanaya Mistry interviews Lucy Main and Lori Isaj of WeirFoulds LLP about their experiences in their estate planning practices.

Student Forum, Trusts and Estates Law

OBA's Guide to the Court's Presumptive Modes of Appearance

  • June 26, 2023

Although the advent of virtual hearings has brought with it many advantages, it has also led to some confusion given differences in the presumptive mode of appearance in different courts. The OBA has created a helpful chart to assist in determining the mode of hearing.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – June 20, 2023

  • June 26, 2023
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The final Brown Bag Lunch of the OBA’s 2022-2023 term was held on June 20. As always, attendees came ready to share their wisdom and practice tips with others, including on the topics of estate planning for the family cottage, filing procedures for applications to prove a lost Will, and options to avoid probate.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – May 15, 2023

  • June 25, 2023
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

In May, members of the OBA’s Trusts and Estates section met for the monthly Brown Bag Lunch. Topics discussed included advertising for creditors, tips for dealing with TFSAs, and beneficiary designations.

Student Forum, Trusts and Estates Law

Insights from the OBA’s “Issues in Estate Administration” Program

  • May 02, 2023
  • Kostas Renieris, student-at-law, Goddard Gamage LLP

Estate administration can seem like a minefield even to the most seasoned practitioners. With every stage comes the risk of a misstep and with it, costly delays, legal disputes, and bitter family feuds. A recent OBA program provided guidance and solutions to help practitioners navigate the complexities of an estate administration.

Student Forum, Trusts and Estates Law