We had an ambitious list of projects on our docket this year, including but not limited to the following:
- Reform of the legislation re non-resident trustees and bond requirements
- Electronic signatures for Wills
- Digital assets
- Tariff C increases in the case of uncontested passing of accounts
- Willful/Legalwills.ca online estate planners
- Administration of estates of children in care
Most of these projects are ongoing and it is expected that they will continue to the 2024/25 term. Below are some highlights:
- Non-Resident Trustees Sub-Committee: the subcommittee conducted the first step of its project, which was to research whether any other common law provinces/territories have a prohibition against the appointment of a non-resident in an intestacy, to examine the history of this statutory prohibition and explore why it was introduced. Committee member Andrea Tratnik prepared a memorandum for the sub-committee’s use. Further research and development on this project will continue next term.
- Electronic Signatures: Public Affairs and Policy Co-Chair Demetre Vasilounis prepared an article with respect to this topic, and it is anticipated that the group can build off of the ideas in this article next term.
- Digital Assets: Public Affairs and Policy Co-Chair Demetre Vasilounis prepared an article specifically speaking to this issue. The article will be circulated in the fall to the 2024/25 sub-committee members for feedback.
- Flat Probate Fee: Committee member Sara Racicot completed a draft memorandum on this topic, and it is hoped that further work on same will be completed next term.
- Willful/Legal Wills: Public Affairs and Policy Co-Chair Angelique Moss and committee member Krystyne Rusek have embarked on a review of these platforms with estate planners who have volunteered their time to engage in product testing. Volunteers are currently working on scenarios to be used in the testing.
- Tariff C Reform on Passing of Accounts: The Estates Sub-Committee of the Civil Rules Committee has asked for further data to support our request (which request was submitted last year as a result of the request of the former Chair of the Estates Sub-Committee of the Civil Rules Committee) for an increase to Tariff C costs. It is anticipated that the 2024/25 sub-committee will conduct a survey of lawyers who engage in uncontested passing of accounts and who are prepared to share data about the fees obtained on these passing of accounts both when acting for fiduciaries and objectors.
Until next year!
Angelique Moss and Demetre Vasilounis
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