Articles

About Articles The following articles are published by the Trusts and Estates Law Section of the Ontario Bar Association. Members are encouraged to submit articles. 

Editor: Hilary Van de Kamer

Today
Today

DNR Tattoo Creates Uncertainty

  • January 10, 2018
  • Kimberly Whaley

A 70-year-old man in Florida was found unconscious on the street and transported to hospital. He arrived with no identification, family or friends and, with one possible exception, had no way of communicating with the medical team. The possible exception was a tattoo of the words, “Do Not Resuscitate” on his chest, and the tattoo included a signature. The author discusses various challenges arising from this situation.

Trusts and Estates Law

Brown Bag Lunch, October 17, 2017

  • October 30, 2017
  • Noah Weisberg and Jacqueline Palef,

At the October 17, 2017 Brown Bag Lunch, practitioners discussed the recent decision of Meyer v Rubin regarding the expanded role of the ETDL, whether attorneys for property can appoint replacement attorneys, and the treatment of real property in contemplation of probate applications.

Student Forum, Trusts and Estates Law

Love and Marriage? More like Greed and Marriage.

  • October 02, 2017
  • Amanda Bettencourt

The writer discusses the recent British Columbia case of Devore-Thompson v. Poulain in the context of capacity to marry and the telltale signs of a predatory marriage.

Trusts and Estates Law

Brown Bag Lunch September 19, 2017

  • September 27, 2017
  • Noah Weisberg and Charlotte McGee

The estates bar met to discuss corresponding changes and challenges in estates and trusts law since the summer months, including a review of the new ODSP amendments, will drafting for non-resident testators and drafting Wills involving Florida property

Trusts and Estates Law

Does Social Media Live Forever?

  • July 04, 2017
  • Matthew Urback

In this article, the author discusses planning avenues available for dealing with social media accounts such as Facebook, Twitter and LinkedIn.

Trusts and Estates Law

Brown Bag Lunch Recap - April 2017

  • May 04, 2017
  • Noah Weisberg, Lisa Toner and Rebecca Fisch,

In this BBL session, participants discussed the introduction of CourtCall to the Estates List, recent amendments to the Succession Law Reform Act, the recent Re Morrison Estate (Alberta case), and other issues.

Trusts and Estates Law

Joint Tenancy Dispute Strikes Again

  • April 28, 2017
  • Kimberly Whaley

Kimberly Whaley discusses the Ontario Court of Appeal which examined the difficulties that can arise when a parent dies while holding title to a major asset in joint tenancy with an adult child. . The case of Jansen v. Niels 2017 ONCA 312 looks at the issue of severance of joint tenancies, inter vivos gifts between parents and adult children, and undue influence.

Trusts and Estates Law