Trusts and Estates Law

From programming and advocacy to peer recognition and relevant resources, OBA Section membership connects you with education, engagement and leadership opportunities to propel you to the forefront of your area of practice.

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Resources, Articles, & Advocacy

Legislative Update | April 22, 2025

Your OBA LegUp Policy and Legislative Update Week of April 14

New Session Begins at Queen's Park: Tuesday's throne speech, delivered by Lt.-Gov. Edith Dumont, kicked off the new session of Premier Doug Ford’s third majority government. It leaned heavily on the theme of Ford’s successful election campaign, which tied the tariff threat to nearly every sector.

Legislative Update | April 07, 2025

Your OBA LegUp Policy and Legislative Update Week of April 7

Province Wants More Strong Mayors: Ontario is proposing to expand strong mayor powers to the heads of council in 169 additional municipalities starting in May. The province said on Wednesday that the expansion would help ensure municipalities have the tools they need to reduce obstacles to new housing and infrastructure developments. The additional municipalities would include the City of Orillia, the Township of Uxbridge, the Town of Wasaga Beach, the Township of King, and the Town of Collingwood. The government first granted the powers to the mayors of Toronto and Ottawa in 2022, and since then has expanded them a few times. Public comments on the proposal may be submitted via email until April 16, 2025.

Legislative Update | March 31, 2025

Your OBA LegUp Policy and Legislative Update Week of March 24

OBA Seeks "Urgency, Transparency and Accountability" from LSO: In an op-ed published on Thursday, the OBA urged the Law Society of Ontario to deal quickly with the current crisis and then shift its focus from the insular considerations of how to govern itself to the vital work of governing. “These are hard times for the rule of law, access to justice and our economic stability.  Lawyers have a critical role to play," OBA President Kathryn Manning wrote. “We must get past this issue and turn our efforts to these fundamental matters. The only way past this issue is to chart a straightforward course through; there is no getting around it. We look forward to working with the many benchers who recognize that.”

Submission | November 18, 2024

LSO Increased Transparency Proposal

The OBA provides feedback to the Law Society of Ontario recommending it reject the Increased Transparency proposal as outlined. The public protection goals are important shared objectives, but the proposal has an extreme imbalance between the risks to licensees and the profession, and those public protection goals. We urge the LSO to work with legal stakeholders on an updated proposal that achieves the necessary balance for the profession and the public.

Submission | November 06, 2024

2024 Amendments to Estate Law Beneficiary Designations

The Ontario Bar Association (“OBA”) makes the following short submission on proposed changes to the Succession Law Reform Act (the “SLRA”), the Substitute Decisions Act (the “SDA”), and the Insurance Act, regarding a proposal to allow substitute decision-makers to make a beneficiary designation in an instrument that is renewing, replacing, converting or transferring a similar instrument, provided that the beneficiary remains the same. These amendments are welcome as they would provide much needed clarity with respect to the abilities of attorneys and guardians to manage “plans” (as such term is defined in the SLRA) with respect to incapable persons. These could be helpful in a variety of scenarios with respect to preserving the testamentary intent of the incapable person:

OBA Award of Excellence in Trusts and Estates Law

The OBA's Trusts & Estates Law Section is pleased to announce Clare Burns as the recipient of its 2025 OBA Award of Excellence in Trusts and Estates Law.