The OBA’s Brown Bag Lunch (BBL) on November 19, 2019, saw members coming together from across the province to discuss noteworthy issues in estates law.
The BBL began with a follow up discussion from October’s BBL surrounding the NoticeConnect Canada Will Registry, and how the search function works. In terms of registering Wills, NoticeConnect has stated that lawyers need not seek additional authorization from their clients in order to register a Will. NoticeConnect has obtained a legal opinion in this regard, which BBLers were interested in reviewing.
The second topic of discussion revolved around Henson trusts, specifically regarding the age of the beneficiary at the time that the Henson trust is established. Some BBLers expressed that generally there is no downside to preparing a Will for a parent that includes a Henson trust, even if his or her child is a minor at the time, and not yet eligible for ODSP. If, after the minor turns 18, they do not require a Henson trust, the parents can amend their Will at that time.
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