The latest edition of Estates Trusts & Pensions Journal, Volume 42 Number 1, has arrived and is now available for loan.
This month’s Articles
From the Law Reports
“Valuing Corporate-Owned Life Insurance For Estate Administration Tax Purposes” Barry S. Corbin
“Important Considerations on the Disinheritance of Children” Elisa Rabello and Broynn Rosser
“Case Comment – Pirani v. Pirani, the appeal decision” Roger Lee
Articles
“Rescission in Tax Law: Where are We Now?” Catherine Brown
“Conflicts When Acting for a Trustee and a Beneficiary” C.D. Freedman
“Recent Developments in Quebec on the Law Applicable to Will of Succession Substitutes” Jeffrey Talpis
“Protecting Beneficiaries From Protectors: How We Might Expect the Judiciary to Provide a Check on Donees with Powerful Powers” Baruch Wise
We can also email pdf copies of the latest articles for Law Society Members. For a copy of these or other legal journal articles email us at library@lawsociety.mb.ca.
Banking and Finance Law Review
“Allocating Liabilities in Open Banking in Canada” 39 B.F.L.R. 33 Scott Farrell
“Introduction to the Fourth Annual Special Issue on Fintech” 39 B.F.L.R. 1 Virginia Torrie, Ryan Clements, Aurelio Gurrea-Martínez
“FinTech and the Four Horsemen of the Apocalypse: Building Financial Ecosystems for Resilience, Innovation and Sustainable Development” 39 B.F.L.R. 5 Douglas W. Arner, Ross P. Buckley, Dirk A. Zetzsche
“Using Distributed Ledger Technologies to Disintermediate International Bond Markets: The Good, the Bad and the Ugly” 39 B.F.L.R. 61 Catarina Saramago
“How to Find Stolen Cryptocurrency: Litigation Tools Used by Insolvency Professionals in Dooga” 39 B.F.L.R. 135 Tamie Dolny, Simon Dugas
“The Merits of Token Capital Raises” 39 B.F.L.R. 125 Duncan Pardoe
“Fintech: Financial Inclusion or Exclusion?” 39 B.F.L.R. 93 Yoke Wang Tok, Dyna Heng
Book reviews
“Fintech Regulation in China: Principles, Policies and Practices, Robin Hui Huang (Cambridge: Cambridge University Press, 2021) 298pp. CA$ 39.95” 39 B.F.L.R. 149 Casey Watters
“Cryptocurrencies and Cryptoassets: Regulatory and Legal Issues, Andrew Haynes and Peter Yeoh (Informa Law from Routledge, 2020) 277 pp. US$35.20 (Paperback)/US$148.00 (Hardback)” 39 B.F.L.R. 153 Carol GoforthCryptocurrencies in Public and Private Law, Edited by David Fox and Sarah Green (Oxford University Press, 2019) 368pp. US$155.00 39 B.F.L.R. 145 Andrew Haynes
The library’s collection continues to be updated and expanded with new editions and titles, with the latest update to Widdifield on Executors and Trustees. Read below for a summary of this authoritative title and then keep scrolling to see what over resources we have in the area of Wills and Estate Law.
“This seminal classic of Canadian legal literature has been completely revised and updated by an author team drawn from the front ranks of the profession nation-wide.
“Widdifield on Executors and Trustees offers a comprehensive exposition of the law relating to the exercise of the duties and prerogatives of the executor or trustee in Canadian law.
“Each of the 17 original chapters has been brought up-to-date with case law and legislation from all jurisdictions to provide a national perspective. To reflect the development of the law in this area since the previous edition, a new chapter focusing on the impact of family law upon the administration of estates has been added.”
The library has several other recent texts to help solve your Will and Trusts questions.
Lewin on Trusts — 20th ed. KF 730 .L4 2020 Lewin on Trusts gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and regulation of trusts and trustees.
“…examines both the general and the technical issues that can arise in this area of the law, and deftly combines advice on the substantive law with useful drafting direction. The commentary covers the full range of practical concerns that underpin trust drafting, and highlights the possible problems practitioners may encounter, from coast to coast..”
“…a comprehensive and practical resource designed to assist the executor, administrator or liquidator with this undertaking, and provides the information and direction required to administer an estate in Canada, from start to finish.”
Newsletters and Current Awareness
For the most current information be sure to watch our blog for regular updates to our newsletters.
Estates trusts and Pensions journal – “covers new trends in estates and trusts with special coverage of pensions issues. Informative articles, insightful comments on important cases and new legislation, along with a discussion of useful texts in the area, make this a critical tool for anyone involved in the estates, trusts and pensions areas, such as lawyers, trustees, actuaries, custodians, and accountants. Published four times a year, each edition is packed with vital information, saving you time, while ensuring you stay current on the latest issues.”
WeirFoulds Estates & Trusts Newsletter – Reports and comments on recent court decisions and other developments in Canadian estates and trusts law. This newsletter is part of our Current Awareness journals that are available for Law Society Members. If you are interested in receiving regular emails of any of these newsletters email us at library@lawsociety.mb.ca
This helpful resources is available in the library on our workstations. It includes primary sources, commentary, precedents, and finding tools for planners, administrators and litigators.
See our full Wills Collection for even more titles and resources.
Will Week is a week-long series of free public events to bring awareness to the importance of wills and estate planning. Seminars start Tuesday April 26, 2022. Visit the Library’s events calendar for session and registration information.
The event is a collaboration between the Manitoba Bar Association, The Winnipeg Foundation and the Public Guardian and Trustee. To learn more about Will Week, visit the Winnipeg Foundation website.
As part of this year’s Will Week, we have put together a digital book display using our collection of Wills, Estates, and Trusts texts.
To help you browse, we’ve compiled some of our most recent print titles, journal titles, and materials published by the Law Society of Manitoba into this virtual book display.
How to use this display
Click on the image of a title you’re interested in to view the catalog listing (includes the abstract and subject headings).
Our library catalog allows you to create a reading list and keep track of titles. Click “select” at the bottom left of the item’s catalog record. You can add as many titles as you like to your list and email or print it for future reference.
We hope you enjoy this digital book display!
Wills
The following print titles are available:
Drafting Wills in CanadaFeeney’s Canadian Law of WillsOosterhoff on WillsThe Law of Dependents’ Relief in CanadaCapacity and Undue InfluenceDrafting Trusts & Will Trusts in CanadaWills
We also subscribe to journals that exclusively cover the topics of Wills, Estates, and Trusts. Journal titles from HeinOnline Law Journal Library are available behind the Law Society Member Portal:
Estates Trusts and Pensions Journal (print – current to 2022; HeinOnline – available to 2018 online)
Estate Planning & Community Property Law Journal (HeinOnline – vol. 1-14, 2008-2021)
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).
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 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.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
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