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THE SIX-MINUTE Estates Lawyer 2018 THE SIX-MINUTE Estates Lawyer 2018 chairs Ian Hull, C.S. Hull & Hull LLP Marcia Green Nelligan O’Brien Payne LLP May 3, 2018 *CLE18-0050201-A-PUB* DISCLAIMER: This work appears as part of the Law Society of Ontario’s initiatives in Continuing Professional Development (CPD). It provides information and various opinions to help legal professionals maintain and enhance their competence. It does not, however, represent or embody any official position of, or statement by, the Society, except where specifically indicated; nor does it attempt to set forth definitive practice standards or to provide legal advice. Precedents and other material contained herein should be used prudently, as nothing in the work relieves readers of their responsibility to assess the material in light of their own professional experience. No warranty is made with regards to this work. The Society can accept no responsibility for any errors or omissions, and expressly disclaims any such responsibility. © 2018 All Rights Reserved This compilation of collective works is copyrighted by the Law Society of Ontario. The individual documents remain the property of the original authors or their assignees. Law Society of Ontario 130 Queen Street West, Toronto, ON M5H 2N6 Phone: 416-947-3315 or 1-800-668-7380 Ext. 3315 Fax: 416-947-3991 E-mail: [email protected] www.lso.ca Library and Archives Canada Cataloguing in Publication The Six-Minute Estates Lawyer 2018 ISBN 978-1-77345-420-7 (Hardcopy) ISBN 978-1-77345-419-1 (PDF) THE SIX-MINUTE Estates Lawyer 2018 Chairs: Ian Hull, C.S. Hull & Hull LLP Marcia Green Nelligan O’Brien Payne LLP May 3, 2018 9:00 a.m. to 12:00 p.m. Total CPD Hours = 2 h 30 m Substantive + 30 m Professionalism U of T – Chestnut Residence and Conference Centre Giovanni Room, 2nd Floor 89 Chestnut Street Toronto, ON CLE18-0050201 Agenda 9:00 a.m. – 9:05 a.m. Welcome and Opening Remarks Ian Hull, C.S., Hull & Hull LLP Marcia Green, Nelligan O’Brien Payne LLP 1 9:05 a.m. – 9:12 a.m. Predatory Marriages Kimberly Whaley, C.S., TEP, WEL Partners 9:12 a.m. – 9:19 a.m. Tips for Gifts to Charities in Wills and Dealing with Charities in an Estate Administration Mary-Alice Thompson, C.S., TEP, Cunningham Swan LLP 9:19 a.m. – 9:26 a.m. Common Issues on Applications for Certificates of Appointment and Recent Developments Satie Seeraj, Registrar and Supervisor of Court Operations, Ontario Superior Court of Justice, Bankruptcy/Commercial, Estates and Assessments 9:26 a.m. – 9:33 a.m. Cross Border Tax Update Paul Taylor, Borden Ladner Gervais LLP 9:33 a.m. – 9:40 a.m. Question and Answer Session 9:40 a.m. – 9:47 a.m. Increasing the Odds of a Successful Mediation Clare Burns, WeirFoulds LLP 9:47 a.m. – 9:54 a.m. Hotchpot Clauses Debra Stephens, Firm Counsel to WEL Partners, WEL Partners 9:54 a.m. – 10:01 a.m. Life Insurance and RRSP Beneficiary Designations for Minor Children Susan Stamm, Counsel, Property Rights, Office of the Children’s Lawyer, Ministry of the Attorney General 2 10:01 a.m. – 10:08 a.m. Evolution of Orders Appointing Estate Trustee During Litigation (ETDL) – What Should be Covered? Suzana Popovic-Montag, TEP, Hull & Hull LLP 10:10 a.m. – 10:17 a.m. Interim Orders for Dependant Support Carol Craig, Nelligan O’Brien Payne LLP (via audio conference) 10:17 a.m. – 10:25 a.m. Question and Answer Session 10:25 a.m. – 10:45 a.m. Coffee and Networking Break 10:45 a.m. – 10:52 a.m. Estates – Privilege and the Duty of Confidentiality (7 minutes ) Justin de Vries, de VRIES LITIGATION LLP 10:52 a.m. – 10:59 a.m. Costs and the Impact of Proportionality Considerations Jordan Atin, C.S., TEP, Atin Professional Corporation 10:59 a.m. – 11:06 a.m. Conflicts Involving the Role of Estate Trustee and Estate Solicitor Brendan Donovan, Wagner Sidlofsky LLP 11:06 a.m. – 11:14 a.m. Accommodating Clients with Disabilities (8 minutes ) Alexander Procope, Perez Bryan Procope LLP 11:14 a.m. – 11:20 a.m. Question and Answer Session 3 11:20 a.m. – 11:27 a.m. Disputes over Remains Jason Ward, Wards Lawyers PC 11:27 a.m. – 11:34 a.m. Canadian Tax Law Update Michael Morgan, Ross & McBride LLP 11:34 a.m. – 11:41 a.m. Deathbed Retainers (7 minutes ) Alexandra Mayeski, Mayeski Mathers LLP 11:41 a.m. – 11:48 a.m. Pros and Cons of Using a Qualifying Spousal Trust, Alter Ego Trusts and Joint Spousal Trusts Kathleen Robichaud, Law Office of Kathleen Robichaud (via audio conference) 11:48 a.m. – 11:56 a.m. Estates and Trusts Hotspots (8 minutes ) Daniel Pinnington, President & Chief Executive Officer, Lawyers’ Professional Indemnity Company (LAWPRO®) 11:56 a.m. – 12:00 p.m. Question and Answer Session 12:00 p.m. Program Ends 4 THE SIX-MINUTE Estates Lawyer 2018 May 3, 2018 SKU CLE18-00502 Table of Contents TAB 1 Predatory Marriages …………………………………………………….1 - 1 to 1 - 100 Prepared and presented by: Kimberly Whaley, C.S., TEP, WEL Partners Prepared by: Albert Oosterhoff, WEL Partners TAB 2 Tips for Gifts to Charities in Wills and Dealing with Charities in an Estate Administration ………………………………2 - 1 to 2 - 23 Mary-Alice Thompson, C.S., TEP, Cunningham Swan LLP Avoiding confusion (and claims) when making charitable bequests ……………………………………………………….………………2 - 24 to 2 - 24 Reproduced with permission of the Lawyers’ Professional Indemnity Company TAB 3 Checklist - Errors in an Application for a Certificate of Appointment of Estate Trustee With a Will ………….…………..3 - 1 to 3 - 2 Checklist - Errors in an Application for a Certificate of Appointment of Estate Trustee Without a Will …………………...3 - 3 to - 4 Ontario Superior Court of Justice Submitted by: Satie Seeraj, Registrar and Supervisor of Court Operations, Ontario Superior Court of Justice, Bankruptcy/Commercial, Estates and Assessments TAB 4 The Current State of Cross-Border Planning: The Only Thing That is Constant is Change ………………………..4 - 1 to 4 - 5 Paul Taylor, Borden Ladner Gervais LLP TAB 5 Increasing the Odds of an Effective Mediation ………………….5 - 1 to 5 - 8 Clare Burns, WeirFoulds LLP TAB 6 Hotchpot Clauses ……………………………………………………………6 - 1 to 6 - 24 Debra Stephens, Firm Counsel to WEL Partners, WEL Partners TAB 7 Beneficiary Designations and Minor Children …………..…….…7 - 1 to 7 - 9 Prepared and presented by: Susan Stamm, Counsel, Property Rights, Office of the Children’s Lawyer, Ministry of the Attorney General Prepared by: Kiran Arora, Counsel, Property Rights, Office of the Children’s Lawyer, Ministry of the Attorney General TAB 8 Evolution of Orders Appointing Estate Trustee During Litigation (ETDL) – What Should be Covered? ………..……....8 - 1 to 8 - 26 Suzana Popovic-Montag, TEP, Hull & Hull LLP TAB 9 Interim Orders for Dependant Support: A Primer …...………9 - 1 to 9 - 11 Carol Craig, Nelligan O’Brien Payne LLP TAB 10 Privilege & the Duty of Confidentiality ………...................10 -1 to 10 - 16 Justin de Vries, de VRIES LITIGATION LLP TAB 11 Proportionality as a Factor in Cost Awards ……………..…..11 - 1 to 11 - 12 Prepared and presented by: Jordan Atin, C.S., TEP, Atin Professional Corporation Prepared by: Charlotte McGee, Atin Professional Corporation TAB 12 The Estate Solicitor as Estate Trustee: Conflicts and Related Issues …………………………………………………………….12 - 1 to 12 - 11 Prepared and presented by: Brendan Donovan, Wagner Sidlofsky LLP Prepared by: Mari Maimets, Wagner Sidlofsky LLP TAB 13 Accommodating Clients with Disabilities ………………………13 - 1 to 13 - 6 Alexander Procope, Perez Bryan Procope LLP TAB 14 Resolving Grave Disputes …………………………………………...14 - 1 to 14 - 71 Jason Ward, Wards Lawyers PC TAB 15 Canadian Tax Law Update Tax Issues You Need to Know About in 2018 ………………..15 -1 to 15 - 26 Michael Morgan, Ross & McBride LLP TAB 16 Deathbed Retainers ……………………………………………….…..16 - 1 to 16 - 10 Alexandra Mayeski, Mayeski Mathers LLP TAB 17 Pros and Cons of Using a Qualifying Spousal Trust, Alter Ego Trust and Joint Spousal Trust .........................17 - 1 to 17 - 20 Kathleen Robichaud, Law Office of Kathleen Robichaud TAB 18 Wills and Estates Danger Areas (And How to Avoid Them) …………………………………….……18 - 1 to 18 - 13 Daniel Pinnington, President & Chief Executive Officer, Lawyers’ Professional Indemnity Company (LAWPRO®) TAB 1 THE SIX-MINUTE Estates Lawyer 2018 Predatory Marriages Prepared and presented by: Kimberly Whaley, C.S., TEP, WEL Partners Prepared by: Albert Oosterhoff, WEL Partners May 3, 2018 PREDATORY MARRIAGES LSUC SIX-MINUTE ESTATES LAWYER MAY 3, 2018 Kimberly A. Whaley and Albert H. Oosterhoff www.welpartners.com 1 1 - 1 INTRODUCTION: ....................................................................................................................................... 3 CAPACITY TO MARRY AND PREDATORY MARRIAGES ................................................................ 4 1. What is Capacity? .............................................................................................................................. 4 2. Capacity to Marry: Historical Context ............................................................................................. 8 3. Statutory Requirements .................................................................................................................. 14 4. Marriage and Property Law: Consequences of a Predatory Marriage .................................... 16 5. Predatory Marriages/Capacity to Marry: Cross-Canada Look at More Modern Case Law .. 19 1988- Cadieux v Collin-Evanoff (Quebec) .................................................................................... 20 1994 - Hart v. Cooper (BC) ............................................................................................................
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