News and views from the Manitoba Law Library Inc., Law Society of Manitoba
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
Is an RESP a Trust?…And So What If It Is?
Kira Domratchev
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
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 Importance of Keeping Good Notes”, Richard Worsfold and Reshma Kishnani, The Lawyers Daily, January 29, 2021.
The current issue, Volume 39 Number 4, August 2020 includes:
FROM THE LAW REPORTS
ARTICLES
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 current issue, Volume 39 Number 3, May 2020 includes:
From the Law Reports
From the Legislatures
Articles
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.