The first Brown Bag Lunch of the new year was a success with large attendance and engaging conversation on new developments and practice management issues concerning estate law. Below is a summary of the BBL held on January 16, 2018.
The first topic for discussion was the OmbudService, which assists people in locating insurance policies.
From there, the discussion turned to the Alberta Court of Queen’s Bench decision in Pohl v. Midtdal, 2017 ABQB 711. Participants weighed in on how a presumption of a resulting trust applies to the transfer of property and whether or not the presumption can been rebutted. Further, there was discussion on the importance of the intention of the parties when making that determination.
Following this, the conversation turned to a comparison of land title legislation in various provinces and how each legislation provides different evidentiary presumptions absent limitations on a transfer of real property.
Next, BBL’ers had a discussion on the transfer of securities and the effect a rollover has on income tax. There was engaging conversation on whether you have to confirm with the financial institution that a rollover is taking place in order to avoid the transfer being a deemed disposition.
Lastly, BBL’ers discussed best practices with regard to verifying assets in order to prevent negligence claims when preparing a will.
The next Brown Bag Lunch will be held on February 20, 2018!
About the authors
Noah Weisberg, Associate, Hull & Hull LLP
Alyssa Mitha, Articling Student, Hull & Hull LLP