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Bifurcation in Estate Proceedings
Krystyne Rusek, Speigel Nichols Fox LLP | October 18, 2024
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.
Learn moreOntario Estates Bench-Bar Liaison Committee Meeting Minutes - April 15, 2024
Bench and Bar Committee of the Trusts and Estates Section Executive | October 10, 2024
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.
Learn moreBrown Bag Lunch - September 17, 2024
Rebecca Kennedy, Adair Goldblatt Bieber LLP | October 10, 2024
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.
Learn moreBrown Bag Lunch - June 18, 2024
Rebecca Kennedy, Adair Goldblatt Bieber LLP | October 10, 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.
Learn moreBrown Bag Lunch - May 21, 2024
Rebecca Kennedy, Adair Goldblatt Bieber LLP | October 10, 2024
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).
Learn moreAngelique Moss and Demetre Vasilounis, OBA Trusts and Estates Law Section co-Public | July 11, 2024
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.
Learn moreAn Evening with Estates List Judges: Practice Tips and a call for Friends of the Court
Sydney Osmar, Hull & Hull LLP | July 11, 2024
The Ontario Bar Association’s annual Evening with Estate Judges event, put on by the OBA’s Trusts and Estates Law section, took place on June 10, 2024. In this article, Sydney Osmar offers some key take aways and discusses The Estate List Amicus Pilot Project.
Learn moreCourt of Appeal Upholds Purchase Money Resulting Trust Decision
Diane Vieira, de Vries Litigation LLP | July 11, 2024
In this article, Diane Vieira discusses the case of Bradshaw v Hougassian. This is a decision of the Ontario Court of Appeal which clarifies the legal requirements for finding a purchase money resulting trust.
Learn moreThe First Home Savings Account – A Key to Savings for First-Time Home Buyers
Jennifer Corak, Michael Ding and Sanaya Mistry, WeirFoulds LLP | May 28, 2024
With the increase in housing prices, the announcement of the First Home Savings Account (“FHSA”) in 2023 was welcome news for many Canadians. In this article, Jennifer Corak, Michael Ding and Sanaya Mistry discuss some key questions related to the FHSA, including at a high level what it is, how it can be used and what happens if an individual dies holding an FHSA.
Learn moreBrief Update on Technology in Estates Litigation – Calendly and CaseLines
Krystyne Rusek, OBA Trusts and Estates Law Section co-Technology Liaison (2023-2024) | May 27, 2024
In this article, Krystyne Rusek, the OBA Trusts and Estates Law Section co-Technology Liaison for the 2023-2024 term, provides an update on technology in estates litigation. Specifically, she discusses the use of Calendly and CaseLines.
Learn moreOntario Estates Bench-Bar Liaison Committee Meeting Minutes – January 15, 2024
Ontario Estates Bench-Bar Liaison Committee | May 27, 2024
The first Ontario Estates Bench-Bar Liaison Committee meeting of 2024 was held on January 15th. Topics of discussion during this meeting included electronic filing of notices of objection, matters relating to applications for Certificates of Appointment, recent decisions related to changes to the Succession Law Reform Act, and more.
Learn moreBrown Bag Lunch – April 16, 2024
Rebecca Kennedy, Adair Goldblatt Bieber LLP | May 16, 2024
The April Brown Bag Lunch was held on April 16th and, as usual, members of the OBA Trusts and Estates Section gathered to discuss various issues that have come up in their practices recently (such as moral claims under section 5 of the Escheats Act, 2015 and timing for resignation and passing of accounts). The next Brown Bag Lunches will be held on May 21 and June 18, 2024. These will be the final two meetings for the 2023-2024 OBA term. Meetings will then resume in September.
Learn moreBrown Bag Lunch – March 19, 2024
Rebecca Kennedy, Adair Goldblatt Bieber LLP | May 16, 2024
A number of interesting discussions were had at the March 2024 Brown Bag Lunch. One topic of discussion was about the situation where there was no affidavit of execution and a deceased witness. Another discussion was about the situation where a witness to a codicil was a beneficiary of the Will, but not as a result of the codicil. If you would like to join the meetings please contact the moderator, Rebecca Kennedy, for Zoom details.
Learn moreBrown Bag Lunch – February 20, 2024
Rebecca Kennedy, Adair Goldblatt Bieber LLP | May 16, 2024
On February 20, 2024, OBA members met for the monthly Brown Bag Lunch. Attendees discussed the use of trusts for registered plans, issues relating to limited Wills, multiple Wills in separate jurisdictions, and the administration of a person’s estate where there are assets in multiple jurisdictions, and more.
Learn moreGosha G.S. Sekhon, owner/principal lawyer at Sekhon Legal Services | February 27, 2024
In this article, Gosha Sekhon highlights takeaways from the Family Dynamics plenary of the OBA’s 2024 Ontario Legal Conference, reminding us to get context around a client’s instructions, that experiencing the death of a family member can be a form of trauma, that all human beings see the world through their own unique lens and being a lawyer does not change that, and more. Learn moreRoadmap to Effective Testamentary Charitable Giving
Rami Aziz, Aziz Law Professional Corporation | February 27, 2024
On January 17, 2024, the OBA’s Trust and Estates section hosted a panel of experts to discuss testamentary charitable giving. In this article, Rami Aziz discusses this program, starting with a discussion of gifts in kind and the importance of adequately investigating a testator’s assets, and then moving on to discuss strategies for drafting lawyers to minimize risk and considerations when the intention is for donations to be made after death. Learn moreBrown Bag Lunch – December 19, 2023
Rebecca Kennedy, Adair Goldblatt Bieber LLP | February 13, 2024
Members of the Ontario Trusts and Estates bar showed up to the last Brown Bag Lunch of 2023 ready to discuss a variety of interesting topics and practice questions. Discussions centered around appointing a non-resident beneficiary as estate trustee without a Will, a complicated trust scenario and the decision of D’Onofrio v Riley (ONSC). Learn moreBrown Bag Lunch – January 16, 2024
Rebecca Kennedy, Adair Goldblatt Bieber LLP | February 13, 2024
On January 16, 2024, members of the Trusts and Estates Section kicked off the new year with another interesting Brown Bag Lunch meeting. They were provided with updates regarding the turnaround time for applications for a certificate of appointment, considered issues relating to trust planning, and discussed what happens when a residuary beneficiary disclaims their interest in an estate. The next two Brown Bag Lunch meetings will be held on March 19 and April 16, 2024. Learn moreOntario Estates Bench-Bar Liaison Committee Meeting Minutes – October 16, 2023
Ontario Estates Bench-Bar Liaison Committee | February 13, 2024
In October 2023, at the Ontario Estates Bench-Bar Liaison Committee meeting, various matters were discussed. Topics included issues with deadlines for notice of withdrawal of objections and requests for increased costs, the fact that Rule 1.06(3) of the Rules of Civil Procedure is revoked on November 4, 2023, pursuant to O. Reg. 188/23, estate administration tax deferral requests, issues affecting Rule 74.03, recent decisions related to changes to the Succession Law Reform Act, and more. Learn moreHolly LeValliant and Jay Hershfield, Scotia Wealth Management | January 03, 2024
Insurance can be a useful tool for someone preparing their estate plan. In this article, Jay Hershfield and Holly LeValliant discuss the unique advantages insurance has for business owners. They discuss how a business owner may use insurance to provide for the smooth transfer of their business, to equalize their estate, and to maximize the value of their estate. Learn moreBrown Bag Lunch – November 21, 2023
Rebecca Kennedy, Adair Goldblatt Bieber LLP | December 12, 2023
Members of the Ontario Trusts and Estates bar met in November for the OBA’s monthly Brown Bag Lunch. Topics discussed included the handling of cheques made out to an estate where probate has not yet been obtained, the new CRA trust reporting requirements and indemnity agreements from a bank requiring an attorney seeking to act under a continuing power of attorney for property to indemnify the bank for any loss.
Learn moreBrown Bag Lunch – October 17, 2023
Rebecca Kennedy, Adair Goldblatt Bieber LLP | December 12, 2023
The first Brown Bag Lunch of the OBA’s 2023-2024 term was held on October 17, 2023. After taking a break over the summer, OBA members were eager to gather to discuss matters related to their practice, including obtaining electronic certificates of appointment of estate trustee, probate forms, affidavits of condition of Will or codicil, and codicils generally.
Learn moreOntario Estates Bench-Bar Liaison Committee Meeting Minutes - June 12, 2023
Ontario Estates Bench-Bar Liaison Committee | October 24, 2023
The Ontario Estates Bench-Bar Liaison Committee met in June 2023 to discuss various matters, including filing of Motions for Directions, electronic filing of a Notice of Objection, decisions that applied s. 21.1 of the SLRA to validate Wills that were not properly executed and scheduling in the Toronto Estates Office.
Learn moreBeneficiary Designations: Pillar One of Potentially Perilous Estate Planning Strategies
Blair L. Botsford, O’Sullivan Estate Lawyers | October 16, 2023
Beneficiary designations can be a useful estate planning tool with the added benefit of helping to reduce exposure to Ontario’s estate administration tax; however, utilizing them is not without its pitfalls. In this article, Blair Botsford reviews key issues relating to beneficiary designations, including certain drafting challenges.
Learn moreKrystyne Rusek and Matthew Bradley, Speigel Nichols Fox LLP | October 13, 2023
Section 21.1 of the Ontario Succession Law Reform Act (“SLRA”) provides a validating power to judges of the Superior Court to remedy situations where testamentary documents fail to meet formalities of execution. In this article, Krystyne Rusek and Matthew Bradley canvas some of the case law to date on the Court’s validating power under s. 21.1.
Learn moreDemetre Vasilounis, Fasken Martineau DuMoulin LLP | October 13, 2023
In May 2022, further to recommendations by the Competence Task Force of the Law Society of Ontario, Convocation voted to wind up its Certified Specialist Program (“CSP”). Following feedback from the profession with respect to its decision, Convocation suspended the CSP windup and instead committed to a consultation with the profession on the issue. Demetre Vasilounis provides an update on the OBA’s submissions in this article.
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