Articles 2021

In October 2023, at the Ontario Estates Bench-Bar Liaison Committee meeting, various matters were discussed. Topics included issues with deadlines for notice of withdrawal of objections and requests for increased costs, the fact that Rule 1.06(3) of the Rules of Civil Procedure is revoked on November 4, 2023, pursuant to O. Reg. 188/23, estate administration tax deferral requests, issues affecting Rule 74.03, recent decisions related to changes to the Succession Law Reform Act, and more.

While most court attendances are still proceeding via Zoom, there has been a gradual resumption of in-person hearings for certain matters. The OBA Trusts and Estates Law Section Technology Liaisons have prepared a guide to attending court in person, which covers such topics as Wi-Fi access, hybrid Zoom/in-person hearings, available technology, and suggested practices for counsel.

Insurance can be a useful tool for someone preparing their estate plan. In this article, Jay Hershfield and Holly LeValliant discuss the unique advantages insurance has for business owners. They discuss how a business owner may use insurance to provide for the smooth transfer of their business, to equalize their estate, and to maximize the value of their estate.

Members of the Ontario Trusts and Estates bar met in November for the OBA’s monthly Brown Bag Lunch. Topics discussed included the handling of cheques made out to an estate where probate has not yet been obtained, the new CRA trust reporting requirements and indemnity agreements from a bank requiring an attorney seeking to act under a continuing power of attorney for property to indemnify the bank for any loss.

The first Brown Bag Lunch of the OBA’s 2023-2024 term was held on October 17, 2023. After taking a break over the summer, OBA members were eager to gather to discuss matters related to their practice, including obtaining electronic certificates of appointment of estate trustee, probate forms, affidavits of condition of Will or codicil, and codicils generally.

On October 19, 2023, experts gathered on the OBA’s panel and provided meaningful insights on comprehensive end-of-life planning. Beyond wills, the panel emphasized the importance of key documents, such as powers of attorney and advance care directives, to ensure that end-of-life wishes are well understood, documented, and followed. The audience was also reminded of the significance of family involvement, transparent communication, and early initiation of uncomfortable discussions.

The Ontario Estates Bench-Bar Liaison Committee met in June 2023 to discuss various matters, including filing of Motions for Directions, electronic filing of a Notice of Objection, decisions that applied s. 21.1 of the SLRA to validate Wills that were not properly executed and scheduling in the Toronto Estates Office.

Beneficiary designations can be a useful estate planning tool with the added benefit of helping to reduce exposure to Ontario’s estate administration tax; however, utilizing them is not without its pitfalls. In this article, Blair Botsford reviews key issues relating to beneficiary designations, including certain drafting challenges.

Section 21.1 of the Ontario Succession Law Reform Act (“SLRA”) provides a validating power to judges of the Superior Court to remedy situations where testamentary documents fail to meet formalities of execution. In this article, Krystyne Rusek and Matthew Bradley canvas some of the case law to date on the Court’s validating power under s. 21.1.

In May 2022, further to recommendations by the Competence Task Force of the Law Society of Ontario, Convocation voted to wind up its Certified Specialist Program (“CSP”). Following feedback from the profession with respect to its decision, Convocation suspended the CSP windup and instead committed to a consultation with the profession on the issue. Demetre Vasilounis provides an update on the OBA’s submissions in this article.