January’s discussion kicked off with a question from one attendee about a guardianship application for a non-resident with assets in Ontario, where the incapable already has a guardianship in place in the foreign jurisdiction where they reside. This was an interesting topic, which none of the attendees had personally dealt with, but BBLers did some brainstorming and made some suggestions for the attendee who raised the question.
Next, BBLers discussed the recent decision in Tessaro v Gora, 2025 ONSC 198, in which the Court held that the limitation period for a negligence claim against a drafting lawyer starts on the date the Will was signed. Participants seemed to share the general view that this is a helpful decision for estate planning and Will drafting lawyers.
The following conversation concerned a situation where a trust has been indefeasibly vested as a way to deal with the 21-year deemed disposition, but the beneficiaries are content to leave their interests in the trust. Participants discussed whether income generated in the trust after that point would automatically follow the vesting, or whether the trustees would retain the discretion to allocate such income, possibly leading to a result that part of the trust assets are no longer indefeasibly vested and creating a new 21-year period until a further deemed disposition. BBLers had a lively discussion, sharing their opinions and suggestions.
The next Brown Bag Lunch meeting will be held on April 15, 2025 at 12:00pm. If you would like to attend, please contact the moderator, Rebecca Kennedy, at rkennedy@agbllp.com for Zoom details.
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