The 9th Annual Estates and Trusts Summit
The 9th Annual Estates and Trusts Summit, a presentation of the Law Society of Upper Canada, was held in Toronto on November 2 and 3, 2006.
This popular program featured a number of excellent speakers, including Rodney Hull, Ian Hull, Justin de Vries and Jordan Atin from our firm.
Estate Litigation issues discussed on Day One included the following:
1. A review of recent estate law developments including, solicitor's liability arising from errors committed in the drafting process such as: the improper witnessing of a will; taking too long to complete the will, and failing to obtain and maintain evidence of testamentary capacity; limitation periods, joint tenancy, and the presumptions of resulting trust and advancement, summary judgment, conditional gifts, and mediation;
2. A review of the principles to be applied when bringing a proceeding to set aside a will;
3. A discussion of dependant's support and family law claims in the post Re Cummings environment;
4. A discussion of unjust enrichment, constructive trusts and quantum meruit claims;
5. A discussion of considerations to be made when the question of the removal of an estate trustee or attorney arises;
6. Dealing with disputes among the co-trustees, including deadlock and the distribution of compensation;
7. Costs, and the liability of an executor for costs, and the ability of an executor to obtain indemnification from the estate for costs;
8. The duty of a solicitor to substantiate and document testamentary capacity; and
9. The duty of care that an estate solicitor owes to the estate trustee.
Excellent materials were prepared and are available from the Law Society of Upper Canada.
Tomorrow, I will outline the matters discussed on Day Two.
Have a great day.
Paul E. Trudelle.
