Boilerplate Clauses in Will Drafting & Estates, Trusts & Capacity Matters |

Boilerplate Clauses in Will Drafting and Estates, Trusts and Capacity Matters

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Professionalism (Ethics, etc.): 0.5
30 minutes
Substantive: 1.0
70 minutes
Jordan Atin
Ian M. Hull
Jenny Pho
Suzana Popovic-Montag
Elizabeth Virtue
Toronto Lawyers Association (TLA)
100 minutes
$119.00 plus tax
Includes Handouts

Bring Your Own Questions! Our specialized panel of senior lawyers will answer your questions related to drafting boilerplate clauses in estates, trusts and capacity matters. They will also walk you through precedents that are tied to your questions through sponsors LexisNexis and NoticeConnect.

This is an opportunity to consider legal and practice issues on a variety of topics, including:

Funeral/Burial Provisions

  • Allow estate planning clients to share their wishes in respect of funerals and burial with the individuals who will ultimately be authorized to make these arrangements.

Trustee Power

  • Ensure that estate trustees have the authority that they need to properly administer an estate without the necessity of seeking the direction of the Court
  • Provide for any requested restrictions upon trustee authority

Hotchpot, Guardianship and Abatement Clauses

  • Ensure that these important clauses are properly drafted to give effect to the testator's wishes
  • Avoid ambiguity that may result in the distribution of an estate in a manner that is inconsistent with the testator's wishes

Payment of Debts

  • Advise clients how the payment of liabilities may impact the administration of their estate, and address the order in which gifts will abate
  • If applicable, include clauses specifying how tax liabilities tied to specific assets ought will be paid
  • The Use of Boiler Plate Clauses in Will Drafting
    • Definitions
    • Interpretation
    • Funeral/Burial Provisions
    • Trustee Power
    • Guardianship Clauses
    • Abatement Clauses
    • Payment of Debts

Hotchpot Clauses

Legal And Practice Issues Panel Discussion


Jordan Atin

Jordan is a Certified Specialists in Estates and Trusts Law and an Adjunct Professor of Law at Osgoode Hall Law School in Toronto, Canada. Lexpert rates Jordan as one of its top recommended estate lawyers in Canada as well as being rated as a Best Lawyer in Canada. In addition to his planning and administration practice, Jordan is Counsel to Hull & Hull LLP and an experienced estates mediator. He is a Past Chair of the Ontario Bar Association - Trust and Estates Section and a full member of the Society of Trusts and Estate Practitioners (STEP).

Jordan was the inaugural winner of the OBA’s Hoffstein Prize in recognition of his contributions and achievements in the area of wills, trusts and estates.

Ian M. Hull

Ian is a lecturer at the Ontario Bar Admission course and guest lecturer for the Canadian Bar Association and the Law Society of Upper Canada. He is also the author of four books on estate law issues – including the seminal Probate Practice, now in its fourth edition – and numerous articles.

Ian has an LL.B. from the University of Windsor and an Honours B.A. from the University of Western Ontario. He was called to the bar in 1990. He is a certified specialist in estate and trust law and civil litigation, a fellow of the American College of Trust and Estate Counsel and a member of the Society of Trust and Estate Practitioners. He was chosen by LawDay as one of the top 60 estate and trust lawyers for 2009 and 2010.

Jenny Pho

Jenny Pho is a Partner and Business Lawyer at Dale & Lessmann LLP's Corporate Commercial group and heads the firm’s Estate Planning and Administration group. Jenny received a B.B.A. from Wilfrid Laurier University and a J.D. from the University of Victoria. She was admitted to the Ontario Bar in 2004 and to the Bermuda Bar in 2008. With a diverse portfolio of many specialties, she focusses on the Renewable Energy sector, Mergers and Acquisitions, Trusts and Estates and Funeral and Cremation Law. With a specialty in Estates Law, Jenny has comprehensive and extensive knowledge of estate planning, complex trust administration and tax succession that extends to estate freezes and future planning. Working with funeral directors and crematorium owners, Jenny has also developed a specialty practice in Funeral and Cremation law with extensive knowledge of the legal and business practices of this industry. Additionally, Jenny provides regular guidance and advice to funeral associations.

Suzana Popovic-Montag

Suzana Popovic-Montag is the Managing Partner of Hull & Hull LLP. She

practices exclusively in the areas of estates, trusts, capacity and fiduciary

litigation. She also maintains a specialized mediation practice (having been trained at Harvard Law School) through Hull Estate Mediation Inc., focusing on pre-death

and post-death estate resolutions. Suzana is the co-author of Probate Practice, 5th edition, the seminal text in estates and trusts, and the author of numerous authoritative and learned articles in her areas of expertise. She has an LL.B. from the University of Western Ontario and an Honours B.A. from Wilfrid Laurier University. Suzana was called to the bar is 1997. She is a member of the Society of Trust and Estate Practitioners (STEP), the Toronto Lawyers Association, the Advocates’ Society, the National Academy of Elder Law Attorneys Inc., the Halton

County Law Association, and the Estate Planning Council (Mississauga).

Suzana has been recognized as a Lexpert Ranked lawyer since 2012. She has also been included in The Best Lawyers in Canada (2009-present), in the area of Trust and Estates, and has been selected as a recommended attorney by Global Law Experts.

Elizabeth Virtue

Beth is the Director of Content, Small Law for LexisNexis Canada. In this role she oversees the strategic direction of content development for this segment, including in the areas of Wills, Trusts & Estates, Family, Employment, and Personal Injury. She also has operational responsibility for lawyer team building and supervision, and for maintaining the Lexis Practice Advisor Canada practical guidance product. Beth has detailed knowledge of Lexis Practice Advisor Canada as she was previously the program director for the product and the Content Lawyer for the Family Law modules of Lexis Practice Advisor.

Prior to joining LexisNexis, Beth practiced family law at a leading boutique firm in Toronto, representing clients with complex and straightforward matters in litigation, mediation and negotiation. In addition to her background in family law, Beth has experience in litigation, administrative law and social justice law. Prior to entering the law, Beth completed a degree in Geological Engineering and had a career as an environmental engineering consultant at a national consulting firm.

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