The OBA’s Brown Bag Lunch (BBL) on November 20, 2018, saw members converging from across the province to discuss topical issues in estates law. It was collectively agreed that the BBL served as a highlight in November, a month well known for the start of cold temperatures and dreary weather. A summary is found below.
A continued hot topic amongst BBLers has been the impact of the decision in Milne Estate (Re), 2018 ONSC 4174 on the estates bar. Many members suggested that the questions surrounding Milne have now been tempered by the release of the competing decision, Panda Estate (Re), 2018 ONSC 6734, on November 13, 2018. BBLers forecasted the impact that the Panda decision may have once the Milne appeal is heard.
The second topic of the day garnered input and creative solutions from many BBLers. The question posed was whether a witness to a Last Will and Testament has an obligation to swear an affidavit of execution. Many BBLers chimed in on their own professional experiences where witnesses had requested remuneration in return for signing the affidavit.
From there, a discussion of digital asset clauses was reflected on. Several BBLers presented their thoughts on the effectiveness of such a clause. At the same time, it was agreed that the absence of such a clause does not necessarily pose as a detriment to a will.
Last but not least, BBLers dove into a conversation about the formalities for signing Powers of Attorney (POA), where the grantor was mentally, but not physically capable. The Substitute Decisions Act, 1992 and the Succession Law Reform Act, 1990 were considered.
All members of the Ontario Bar Association are encouraged to attend the next BBL on December 11, 2018 at 12:00 pm – we look forward to hearing from everyone then!
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