Happy New Year!
The first OBA Trusts and Estates Law Section’s Brown Bag Lunch of 2021 was a robust and lively one.
Anyone interested in attending the Brown Bag Lunches should reach out to the BBL moderator, Rebecca Rauws, for Zoom details. We always welcome new participants!
The discussion began with a case discussed in the Law Times: Barsoski v. Wesley, 2020 ONSC 7407 (found here on CanLII) has application to both real estate and estate lawyers. In that case, the wording in a Will allowed a certain person to live in the home of the deceased and, when they were no longer living there, for the estate to then sell the property. The court held that the clause in question was void for lack of clarity. BBLers considered whether the provision of the Will would be considered a life interest or a license, and there was a lively discussion about BBL’ers’ current practices relating to testamentary gifts of this type.
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