Will Your Child Marry a Jew? B'nai Brith CLE Seminar on Disinheritance

36 גיליון 404, יום חמישי, י"א אייר, תשע״ב • 3.5.2012 Will Your Child Marry A Jew? B'nai Brith CLE Seminar on Disinheritance. Excluding the Orthodox community, some estimate that 72% of North American Jews intermarry. By Charles B. Wagner In each instance, the testator (Ont. C.A.), suggest that Ontario Representing the estate is Ian Hull As chair of B'nai Brith Canada's disinherited a child for marrying courts will be taking the moral of Hull and Hull LLP and Kelly Trusts & Estates Group I oversee outside the Jewish faith. At issue is entitlement of adult children Charlebois of Miller Thomson the committee that chooses the how an Ontario court might dependants into account when LLP. Representing the daughter subject matter and format of the 1. Balance the right of a reviewing competing claims. is Craig Vander Zee of Torkin continuing legal educational testator to determine who is entitled For a moment let's step back Manes LLP. The disinherited programs offered every year to to his bounty weighed against from the legal analysis and address son is represented by Archie the lawyers and accountants of our provisions that might offend public whether disinheritance is the right Rabinowitz of Fraser Milner community. We choose topics that policy; and thing to do even if such a clause is Casgrain LLP, Kimberly Whaley are relevant to the profession and to 2. The moral duty of a legal. In my view, if we have of Whaley Estate Litigation and the Jewish community. This year parent to include a child in his to use the threat of disinheritance Charles B. Wagner of Wagner we are examining whether a clause inheritance. to coerce our children to marry Sidlofsky LLP. in a will that disinherits a child for While the question of whether Jewish then we have lost the As part of the presentation, marrying outside the faith is legal. a "disinheriting provision" might battle for continuity. It is an the estate will be calling in For the Jewish community in offend public policy is certainly ineffective process. To succeed expert witness Rabbi Mordechai general, and the Israeli community interesting, of more concern to the in the battle for continuity parents Torczyner, Rosh Kollel, YU in particular, the issue of continuity estates bar is the argument that the and grandparents have to persuade Kollel in Toronto whose expert is very relevant. If the statistics moral duty of a parent to include a our children that there is a benefit report will speak to why a clause are correct, 7 out of every 10 child in one's testamentary planning to membership. To that end we promoting Jewish continuity non-orthodox Jews may choose is legally enforceable. In British should be sending our children to does not offend public policy. a partner that may lead to the Columbia, the courts have varied Jewish schools, Jewish camps, and He will be cross-examined by By Charles B. Wagner elimination of their Jewish identity. wills because they consider that the trips to Israel and be supporting Rabinowitz. Howard Black of In one controversial study done in moral duty of a parent to include a organizations that promote our Minden Gross will be playing 1975 there was a prediction that 60 child in their will is a legal duty. In culture and instill in our children the disinherited son. He will be years from now North American some jurisdictions in Europe there pride of our heritage. cross-examined by Vander Zee. bnaibrith.ca. Jewry may be reduced by 85-95%. are forced heirship laws requiring The seminar will take the The event will take place on ----------------------------------------- The program this year addresses a certain percentage of every estate format of a summary trial. The June 5, 2012 at Shaarei Shomayim Charles B. Wagner is a partner the tension between testamentary to be bequeathed to the testator's disinherited beneficiary will be Synagogue, 470 Glencairn at Wagner Sidlofsky LLP and is independence and the Ontario spouse and children. To date, unlike filing an affidavit explaining why Ave., Toronto, ON M5N 1V8. certified by the Law Society of courts' willingness to vary a will or the courts in British Columbia, there he is challenging the will. The Registration is at 7:30 a.m. and Upper Canada as a specialist in set aside a provision that offends is no case in Ontario where a court estate will be filing an expert the moot court will begin at 8 a.m. Estates & Trusts Law. Wagner public policy. The format of the has revised a will to the benefit of a report trying to prove why the The event is open to lawyers and Sidlofsky LLP is a boutique seminar will be a summary trial. healthy non-dependant adult child fight for Jewish continuity neither accountants. Those lawyers and/or litigation law firm whose practice The fact situation before the court who was disinherited. However, offends public policy nor invites accountants interested in attending is focused on estate, commercial is an amalgamation of several cases certain cases, like the Court of an Ontario court to vary the will. should contact Anita Bromberg, and tax litigation. from Ohio, Illinois and Quebec. Appeal decision in Cummings v. At the seminar, Jordan Atin of Hull B'nai Brith Canada, at (416) 633- Cummings, 2004 CanLII 9339 and Hull LLP is playing the judge. 6224 and/or at abromberg@ Street Proofing Our Kids By Gila Martow heightened sense of fear in all of us. The horrific trial of those accused Many of us grew up in a generation I live at the end of a court in Thornhill of kidnapping, molesting and when kids entertained themselves outdoors which backs onto a park where my father murdering Tori Stafford remind us unsupervised by our parents who told us to took my kids when he visited. He once all of the importance – and limits "return home before dark". In my childhood returned home for some water leaving my – of child supervision. There has suburb of Montreal, back doors were then 5 year old son playing in the playground. been public debate whether Tori's often left unlocked and a strong sense of My dad reluctantly returned to the park mom was negligent in allowing independence was fostered at an early age. I promising never to return minus a child. her eight year old daughter to walk spent Kita Daled (grade 4) in Bat Yam where Why, he asked, are you so afraid to leave a home alone. Efforts to judge this I found supervision even more relaxed. child in a park full of adults and children? I mother make me uncomfortable I am unsure whether the world is did my best to convey the message that all since I recall my own childhood significantly more dangerous for children the adults are supervising the other kids and which was severely lacking in today than when I was a child. Perhaps the any predators will focus on the one child that supervision. We all hope that each technological advances in dissipating the is unsupervised. He remained unconvinced parent is adequately able to dictate news so wide and so quickly has instilled a but agreed to "my kids, my rules." reasonable limits for their child. While vigilant supervision of our children may seem ideal, it is not always 905.760.1888 361 Connie Crescent, possible or even desirable. Concord, Ontario, Publisher Marketing & Advertising I would like to suggest that L4K 5R2 Shalom Toronto Inc. Joe Shuster we focus more on street [email protected] T: (905)760-1888, proofing our kids while President & Founder F: (905)760-0466 giving them age appropriate Yossi Arbel Lana Brainin www.shalomtoronto.ca [email protected] tools to enable them to take Gila Martow Vice President & Editor-in-chief more responsibility for their Liat Arbel Staff Reporters Comments/Articles/ own safety. walking home without a parent and more on Sammy Hudes, Doris Events/Suggestions: Assistant Editor Epstein, Gil Lavie, When children are taken from whether she should have been taught to not Eitan Rachlis Galia Sarner, Izzy Ein Dor [email protected] school in large groups they are often contemplate walking without a buddy. Gilad Benzaquen paired off and expected to stay close -------------------------------------------- Reporter & Translator Shalom Toronto is not to their classmate. Buddy systems Gila Martow is an Optometrist who has Graphic Design Elad Benari responsible for the contents are even used by adults who wouldn't resided in Thornhill for over 20 years. Gila Sigalit Bener [email protected] of the ads that appear in the [email protected] newspaper and the articles contemplate swimming or walking hosts a weekly internet talk show, "Gila's Account administrator express the opinions of their after dark without a "buddy." Community" at www.alltalktv.com Join Gila Photos Gil Gorodisher respective authors only Perhaps the focus should be less Martow on Facebook or GilaJoy on Twitter Vidal Keslassy [email protected] on whether Tori should have been or contact Gila at www.gilamartow.ca www.shalomtoronto.ca.

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