Articles 2020

In December 2021, British Columbia became the first province to allow electronic Wills. Although there are certainly some potential pitfalls of electronic Wills, there are also a great deal of benefits, including practical considerations. Time will tell how successful BC's foray into electronic Wills is, and whether other provinces may also develop their own legislation in that regard.

Members of the OBA's Trusts and Estates Law Section gathered in March for the monthly Brown Bag Lunch. As always, participants raised fascinating practice questions, including an animated discussion about the concept of making a gift to an executor in lieu of compensation. One participant also previewed that some additional proposed changes to the probate forms and Rules would be coming shortly.

Multiple Wills can be a helpful estate planning strategy, which can result in significant estate administration tax savings. However, prudent drafting is key, as an error can lead to confusion and delay, as well as increased costs to the estate. Fortunately, the result in Gordon v Gordon, 2022 ONSC 550 was a good one for the executors and the drafting lawyer, but the decision serves as a reminder that even a simple error could potentially have significant negative consequences.

At the February Brown Bag Lunch, as usual, attendees had interesting questions and shared their knowledge and experience. Discussion topics included the new probate forms and recent changes to the Succession Law Reform Act, multiple Will drafting issues, and when the first dealings exemption may be lost.

Following are summaries of the decisions of the Court of Appeal for Ontario for the week of April 18, 2022.

The author shares three key things we can all do to help support our colleagues in developing career-essential skills and reducing the bias by which we judge competency and capability.