The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
From the Legislature
Is an RESP a Trust?…And So What If It Is? Kira Domratchev
Articles
Inter Viros versus Testamentary Undue Influence: Origins, Differences, and Recent Developments Kimberly A. Whaley and John E.S. Poyser
Estate Trustee Compensation: Considerations When Advising Clients in the Estate Planning Interview. Sara Beheshti
Scottish Trusts in the Common Law Lionel Smith
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 40 Number 2, February 2021 includes:
FROM THE LAW REPORTS
A Tale of Two Patrimonies: Limits on the Flexibility of Trust Law by Lionel Smith More about Illusory Trusts: Is “Tantamount” to Ownership the Same as “Ownership”? The Privy Council Takes a Step Too Far by Joel Nikitman
ARTICLES
Will Challenges and the Limitations act, 2002: A Resconsideration by Matthew Furrow and Daniel Zacks Security for Cost Motions in Estate Litigation by Jonathan Keslassy and Nicole Abergil Guardianship as a Last Resort by Brendan Pooran, Stephanie Dickson and Saquiba Rahman
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).
Lawyers are taught to take detailed notes. Every conversation with a client, whether in person or by telephone, or written in a document or email, is recorded in order to back up actions taken and matters billed. It’s what you turn to when your client says “I didn’t tell you to do that” and you face a complaint.
Recent estates litigation in Ontario turned on the exemplary note taking of Solicitor Barry Smith. As noted by Gans, J.:
[32] I digress to make one observation. Smith, who had been Helen’s, if not Eugene’s, solicitor for at least 7 years by the Spring of 2011, would best be described as an ‘old-school’ solicitor. He was not only a generalist, who made ‘house calls’, but was a man who was involved or involved himself with every aspect of a client’s affairs. He made copious notes to file, which I found to be unassailable in terms of providing me with the details of the events as they unfolded during the Spring and into the Summer of 2011.
This case involved all the usual suspects: a large estate, a testator recently diagnosed with Alzheimer’s, a power of attorney clash, and undisclosed codicils. But it was the note-taking by Mr. Smith that persuaded the judge that Mrs. Kates was competent.
When reading Kates Estate, 2020 ONSC 7046, don’t ignore the footnotes. There are some very interesting comments there as well.
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 39 Number 4, August 2020 includes:
FROM THE LAW REPORTS
It has been Over 150 Years Since the First Partnership Act was Enacted. Do We Understand Yet The Nature of a Partnership Interest? The High Court of Australia Weighs in on the debate, by Joel Nitikman.
“Not a Case about a Mere Referral”: Reflections on Salomon v. Matte-Thompson, by Lauren Flam
Another Cautionary Tale for Executors: Case Comment on Muth Estate, by Rhonda M. Johnson
Equality, Equity, and Exclusion: The Effect of the Jackson Estate Decision on Common Law Partners, by Richard Niedermayer and Madeleine Coats
ARTICLES
Digital Assets, Cryptocurrencies and Estate Planning, byAaron Grinhaus, Amanda Rosenstock and Raluca Soica
Who Gets What, and When?, by Ari Kaplan
Section 58 – The “Curative” Provision of the Wills, Estates and Succession Act, by Scott Boucher
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 39 Number 3, May 2020 includes:
From the Law Reports
The impact of the Act Respecting the Transfer of Securities and the Establishment of Security Entitlements in Determining the Validity of a Gift under Quebec Law: A Case Comment on Labis v. Labis, by Sharon G. Drucker
From the Legislatures
TOSI in the Realm of Trusts and Estates, by Trista Gallant
Articles
To Give or Not to Give? An Examination of Bequests in Lieu of Executor’s Compensation, by Jessica Feldman Chittley
Estates and Family Law Intersect: Separation from an Incapable Spouse, by Lorisa Stein and Marni M. K. Whitaker
Legal Issues Associated with Informal Public Appeals and Crowdfunding, by Johanna C.C. Caithness
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide them, subject to copyright regulations.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
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The library will be closed on Good Friday, March 29. The courthouse will be closed on Monday, April 1 but the library will be open for remote requests.