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

Are Estate Litigators FDR Professionals?

  • October 13, 2022
  • Nick Esterbauer, Hull & Hull LLP

Estate law and family law share a number of common features. The focus of many files in both areas of law is resolving the dispute and allowing clients to move on with their lives (and, where possible, preserving a relationship with the other parties to the dispute). With so much overlap, it may be helpful for estate and family lawyers, respectively, to share perspectives and experiences, and hear of alternative strategies for resolving family disputes.

Student Forum, Trusts and Estates Law

Dependent Support Claims: Liabilities of the Estate Trustee

  • October 07, 2022
  • Kimberly Gale and Palak Mahajan, Gale Law

When a testator dies without providing adequate support for any of his or her dependants, a dependant may bring an application for support under the Succession Law Reform Act. There is a limitation period for bringing such an application. As discussed by Kim Gale and Palak Mahajan, to avoid certain negative consequences, estate trustees would be well-advised not to distribute the estate assets until that time is up.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – September 20, 2022

  • October 07, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

Members of the OBA Trusts and Estates Section met in September for the first Brown Bag Lunch of the 2022-2023 term after taking a break for July and August. Attendees eagerly jumped back into the discussion, raising questions about joint accounts, the Calmusky decision, and incorrect information received from the Ministry of Finance.

Student Forum, Trusts and Estates Law

RESPs, Trusts, and You

  • October 06, 2022
  • Joanna Lindenberg and Chris Cook (articling student), de VRIES LITIGATION LLP

RESPs are a great tool to save money for a child’s post-secondary education. But who actually owns the funds in an RESP? The recent decision of Labatte v Labatte considered the matter of an RESP created by spouses who later divorced, and the question of when an RESP might be held in trust.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – June 21, 2022

  • October 06, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The last Brown Bag Lunch of 2021-2022 was held in June. OBA members gathered, as usual, to discuss interesting practice questions and to share their experiences. Topics discussed in June included issues relating to the storage of original Wills and what constitutes a first dealing.

Student Forum, Trusts and Estates Law

OBA Trusts and Estates Section EDI Subcommittee Finishes its First Year

  • June 30, 2022
  • Nicole Woodward, Miller Thomson LLP

This past term, the OBA Trusts and Estates Section created its first Equity, Diversity and Inclusion Subcommittee. The Subcommittee first worked on identifying and developing its vision and mission, and then went on to propose a number of strategies to further that vision and mission. The EDI Subcommittee looks forward to the next steps in advancing equity, diversity and inclusion initiatives at the OBA.

Student Forum, Trusts and Estates Law

Special Planning Required for Special Needs Beneficiaries

  • June 30, 2022
  • Tori Joseph, Tupman & Bloom LLP

Estate planning can be particularly difficult for parents of special needs children. Such children may need to be treated differently in the estate planning context, perhaps by receiving an unequal distribution from the parents’ estates to ensure they are provided for sufficiently. This raises an important question: will an unequal distribution for this purpose lead to a Will challenge by other family members?

Student Forum, Trusts and Estates Law

Brown Bag Lunch – May 17, 2022

  • June 30, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The Brown Bag Lunch is a great forum to raise interesting and challenging practice questions among Trusts and Estates colleagues. In May, OBA members met for another monthly Brown Bag Lunch. Topics discussed included a recent decision about pour-over Wills, practical issues in obtaining an ancillary grant of probate, and more.

Student Forum, Trusts and Estates Law

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - April 4 and 6, 2022

  • June 30, 2022
  • Ontario Estates Bench-Bar Liaison Committee

In April, the Ontario Estates Bench-Bar Liaison Committee held two meetings: the regularly scheduled meeting, and a special meeting at which Justice Dietrich made an announcement regarding the Toronto Estates and Commercial Lists. During the regular quarterly meeting, the committee discussed, among other things, the adoption or adaptation of the Toronto estates practice direction in other regions, and whether consent orders are permitted to be sought at 9:30 scheduling appointments.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – April 19, 2022

  • June 30, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The April Brown Bag Lunch was as interesting as ever. Attendees shared their experiences and gave input on a number of topics raised, including how to draft clauses for executor’s compensation and other practical matters.

Student Forum, Trusts and Estates Law