Articles 2024

An update from the Bench regarding requests to defer Estate Administration Tax and the required evidence to support such a request.

At the recent OBA’s CPD Essential Updates on Court Processes for Estate Litigators, new rule 6.1.01 of the Rules of Civil Procedure was reviewed, together with relevant case law and the potential application of bifurcation to estate matters.

Further update regarding the use of Calendly on the Estates List and in other courthouses including availability and appointment scheduling.

Minor amendment of consolidated practice direction concerning the Estates List in the Toronto Region

The last Ontario Estates Bench-Bar Liaison Committee meeting before the summer was held on April 15th. Topics of discussion during this meeting included applications to dispense with a bond, deadlines for notice of withdrawal of objections and request for increased costs, the process for dealing with errors in probate application, changes to the Succession Law Reform Act, Toronto Estates Office scheduling, court bookings and more.

September marked the beginning of a new term for the Ontario Bar Association. With the new term comes a new series of Brown Bag Lunch meetings for the Trusts and Estates Law Section. This month's meeting addressed requests by banks to validate Powers of Attorney and the First Time Home Savings Account. The next Brown Bag Lunches will be held on October 15 and November 19, 2024.

The final Brown Bag Lunch meeting for the 2024-2025 term was held on June 18, 2024. As usual, participants raised interesting discussion topics and generously shared their thoughts with other attendees. Some of the topics discussed this month include claims related to registered plans and disabled beneficiaries, the administration of the estate of an international student, and the transfer of the ownership of an RDSP.

On a beautiful day in May, members of the OBA’s Trusts and Estates Law Section gathered for the monthly Brown Bag Lunch, where they discussed several interesting and topical matters relating to their practices (including administration matters involving the OCL, supporting materials for motions to dispense with a bond, allocation of income from Graduated Rate Estates among others).

Business owners can now access significant tax benefits when selling a qualifying business to an employee ownership trust pursuant to a transaction that constitutes a qualifying business transfer. Among other benefits, eligible vendors are entitled to receive a shared pool of up to $10 million in capital gains deductions. This article will provide an overview of the eligibility requirements and an outline of the various benefits of EOT Transactions.

The OBA Trusts and Estates Law Section’s Public Affairs and Policy Committee had a busy 2023/2024 term, having an ambitious list of projects on their docket. In this article, Angelique Moss and Demetre Vasilounis (co-Chairs of the committee) highlight some of these projects.