Brown Bag Lunch – April 20, 2021

Last month’s OBA Trusts and Estates Law Section’s Brown Bag Lunch was held on April 20, 2021. 

The discussion began with an update on Bill 245, Accelerating Access to Justice Act, 2021. The Bill received royal assent on April 19, 2021. Bill 245 included a number of amendments to the Succession Law Reform Act, the Substitute Decisions Act, 1992, and the Children’s Law Reform Act that are relevant to trusts and estates practitioners. 

Next, BBL attendees discussed whether estate trustees have any responsibility to alert common law spouses of any potential claims they may have as against the estate, such as dependant’s support or constructive trust claims. Overall, it was generally agreed that estate trustees do not have any such obligation, and it is up to the common law spouse to explore their legal options. That being said, it was also noted by one BBLer that counsel acting for the estate trustee should consider warning their client of possible claims that may arise.