Articles 2019

Highlights from the February 19, 2019 Brown Bag Lunch, including a discussion on the concepts of "power of attorney" and "attorney", compensation for attorneys for personal care, specific property bequests, Re Carmichael Estate (2000) and the minimization of estate administration taxes through the use of alter ego trusts.

Half-Term Report from Pia Hundal, chair of the Trusts and Estates Law Section Executive, on recent work by the executive including Make a Will Month, response to Re Milne Estate, submissions to the Attorney General regarding proposed legislation on Electronic Beneficiary Designations, Brown Bag Lunches and a breadth of continuing professional development programs.

Highlights from the January 15, 2019 Brown Bag Lunch, including a discussion on filing Estate Information Returns, taxation of estate trustee compensation and the proposed changes to the Ontario Pension Benefits Act.

Highlights from the December 11, 2018 Brown Bag Lunch including a discussion about the appeal of Re Milne, argued on December 11, 2018, difficulties members have experienced obtaining a status certificate, drafting issues with respect to providing for beneficiaries under disability and RDSPs, and issues with respect to the beneficiaries of pension plans and insurance trusts.

In this article, the limitation period applicable to Will Challenge Applications is considered in light of the recent decision of Justice Wilton-Siegel in Shannon v. Hrabovsky, 2018 ONSC 6593 .

Highlights from the November 20, 2018 Brown Bag Lunch including a discussion of the impact of Re Milne and Re Panda, the obligation to swear affidavits of execution, digital asset clauses in Wills and the formalities of signing Powers of Attorney where a grantor is mentally, but not physically capable.

This article reviews the test on motions for security for costs in the context of trust and estate litigation.

Highlights from the October 16, 2018 Brown Bag Lunch including a discussion about the effect of the Re Milne decision for estate solicitors, the rule of convenience in Rivard v. Morris, conflict of laws surrounding marriage and wills, cross-border payments to beneficiaries and digital asset clauses in Wills.

An analysis of the recent Ontario Court of Appeal decision in Janicek v. Janicek, 2018 ONCA 679, with respect to the interpretation of terms of a Will pertaining to the division and sale of a family farm.

A critical analysis of Sweetnam v. Lesage and the risk of severe cost consequences to estate trustees who take unreasonably adversarial positions in litigation.