Contents Update: Estates Trusts & Pensions Journal

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

Volume 40 Number 3

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).

Contents Update: Estates Trusts & Pensions Journal

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).

Finding On-Point Articles Using HeinOnline

Guest post by Melanie R. Bueckert, Legal Research Counsel – Manitoba Court of Appeal

I am very thankful for all of the excellent resources that the Great Library provides through our Law Society Member Portal.  My gratitude has increased greatly during the pandemic, while I have been unable to access the law school’s library.  While I often use HeinOnline to locate articles that I have already determined are relevant to my research, I hesitate to run searches of their databases, as the volume of results can be overwhelming.  However, in at least two cases in the past few months, my research has been improved substantially by their “More Like This” feature.  In case you haven’t used it yet, I will walk you through the very simple process.

Once you have located a relevant article in HeinOnline, look at the top of the document for the “More Like This” button.  Click it.  It will bring you to a list of results related to your article.  If you find that they are not particularly helpful, you can tweak the “Interesting Words” weighting on the left-hand side of the screen or remove some of those words.  You can also enter a new filtering term in the “Enter new term” box underneath the “Interesting Words”.  You can also limit your results by date range.

According to HeinOnline:

More Like This uses a program which finds ‘interesting words’ in an article, as determined by an algorithm that analyzes the article’s text. …

More Like This compares all articles in HeinOnline and ranks them in order based on which articles’ interesting words are most similar to the first article. Results include the top 50 most relevant articles available in HeinOnline.

See More Like This in HeinOnline for more information on this very useful feature.

The Value of Detailed Notes

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 Importance of Keeping Good Notes”, Richard Worsfold and Reshma Kishnani, The Lawyers Daily, January 29, 2021.