The Virtual Lunch & Learn Series

Issues in Family and Estate Law

Upcoming Sessions

October 15, 2024

Treatment of Trusts in Equalization Claims

This seminar will discuss best practices for a lawyer representing the trustee of a discretionary trust regarding the maintaining of proper records, file organization, and handling client property to assist the client properly administer the discretionary trust and avoid claims of negligence.

October 29, 2024

Estate Freezes for Beginners (Planning)

This seminar will discuss some ethical dilemmas and concerns regarding conflict of interest that the lawyer may need to confront when assisting their client with an estate freeze, particularly when the lawyer has assisted the family in prior engagements.

November 12, 2024

Estate Freezes for Beginners (Litigation Issues)

As the final seminar of this series, this CPD seminar aims to provide a helpful reminder to lawyers to ensure that, when litigating estate freeze disputes before a court, that they practice civility in the courtroom, treat the court with respect, and refrain from sharp practice. Specific hypothetical examples of potential uncivil conduct in an estate freeze dispute will be provided.

Past Sessions

May 7, 2024

Litigating Separation under Section 43.1 of the Succession Law Reform Act

The recent amendments to the Succession Law Reform Act eliminates the intestate rights of married spouses after separation, or through a domestic agreement, or where a court decision or arbitral award so provides. The most problematic aspect is the finding that the parties were separated which implicates certain special needs, cultural differences, and socioeconomic considerations which may impact the specific living arrangements of spouses. This seminar will provide examples of those different circumstances to help lawyers ask their clients the necessary questions to support or oppose a claim that the spouses were cohabitating prior to death.

May 21, 2024

Setting Aside Domestic Contracts Post-Mortem

Setting aside a contract based on the equitable doctrine of unconscionability is always difficult, and more so in the context of domestic agreements. On the one hand courts wish to preserve the ability of spouses to order their affairs through contract, while on the other recognize that inequality of bargaining power and incomplete disclosure of material facts render such agreements unfair.

June 4, 2024

Enforcing Support Obligations in Separation Agreements and Court Orders Against an Estate

Enforcing orders for support against an Estate are often fraught with deep emotional history and trauma between the lawyer's client and the deceased. Further, the living spouse may believe that they have a claim against the Estate above and beyond enforcing support obligations. The lawyer representing the living spouse should prepare a retainer agreement and provide a coherent written memorandum to the client to specify the specific claims they have been retained to prosecute against the Estate, and the theory underpinning those claims. To the extent that the client later decides to bring additional claims against the Estate, the lawyer will need to consider revising the retainer agreement accordingly.

June 18, 2024

Life Insurance Proceeds, FLA Security, and Dependant’s Support

This CPD seminar will consider whether a family lawyer that lacks knowledge of the estate considerations and the Succession Law Reform Act should recommend that the client seek advice from an estate lawyer, or whether the family law lawyer can secure a legal opinion from an estate lawyer on these issues.

September 17, 2024

An Overview of the Equalization Election

Maintaining a reminder system about the upcoming limitation periods in the Family Law Act is crucial for estate lawyers to avoid breaching the application limitation period to apply for equalization. This CPD will discuss best practices for maintaining a reminder system so that lawyers can avoid seeking an extension to elect under the Family Law Act, or at least seek an extension before the limitation period has already passed.

October 1, 2024

Update on “Joint Family Ventures”

The framework of a joint family venture can look very different depending on the clients' and their spouse's specific circumstances, including the special needs, intellectual capacity, cultural community, language, gender, and socioeconomic status. This CPD aims to provide case studies of different circumstances for lawyers to consider when their clients' joint family venture may look significantly different that what the lawyer is accustomed to, and how supporting a diverse law firm can ameliorate these blind spots and better advocate for their client.

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