The Ontario Bar Association (OBA) held the final Brown Bag Lunch (BBL) of 2018 on December 11, 2018. Attendees from across the province came together to discuss several estates and trusts topics.
The meeting began with a discussion of the appeal of Milne Estate (Re), 2018 ONSC 4174, which was heard at the Divisional Court on the same day as the BBL. One of the attendees had spent the morning at the appeal hearing, and reported that the Court had more questions and concerns than expected. The appeal was heard before Swinton J., Sachs J., and Marrocco J., and the courtroom was a packed house.
The second topic discussed at the BBL involved the difficulty of obtaining a court status certificate in a situation involving inherited executorships. In particular, concern was expressed as to the process when a will fails to clearly specify whether it is on the date of the testator’s death or on any subsequent day that the first named executor must be incapable of acting or refuse to act for the subsequent executors to be able to step in.
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