Drafting Considerations for the Wills & Estates Lawyer: From Boilerplate to Bespoke | CPDonline.ca

Drafting Considerations for the Wills & Estates Lawyer: From Boilerplate to Bespoke

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Professionalism (Ethics, etc.): 0.25
15 minutes
Substantive: 1.25
75 minutes
Jordan Atin
Ian M. Hull
Jenny Pho
Suzana Popovic-Montag
Toronto Lawyers Association (TLA)
100 minutes
$129.00 plus tax
Includes Handouts

The use of multiple wills is one of the most effective estate planning strategies available to save and, sometimes, completely avoid estate administration tax on death. Therefore, careful drafting is required to ensure that the intended outcome is achieved.

Whether drafting a primary or secondary Will or a Power of Attorney, much danger exists in relying on a boilerplate document. Taking into account all of the client’s circumstances means that a Wills & Estates lawyer must be diligent and strategic.

If you are you starting out as a Wills & Estates lawyer, or have some experience under your belt but need a refresher, then you’ll want to join our panel of seasoned lawyers from the Bar as they:

  • Explain the importance of secondary will drafting, when to use one and how to avoid potential liability.
  • Discuss unique issues that arise in will drafting from dependant claims and US beneficiaries, to second marriages and joint assets.
  • Review, and comment on, Power of Attorney clauses.

Plus, you’ll walk away with precedents and other practical information that you can apply right away!

Secondary Will Drafting

  • Tips, Precedents and Traps
  • When to recommend
  • Avoiding potential liability
  • Reporting to clients
  • Important provisions
  • Joint assets clauses

Unique Issues That Arise in Will Drafting:

  • Dependent Claims
  • Born out of wedlock
  • US beneficiaries
  • Henson Trusts
  • Foreign Assets
  • Second Marriages
  • Appointment of Special Trustees
  • Joint assets
  • Marriage Contracts
  • Gifts to Charities

Review and comment on existing format and Power of Attorney Clauses.


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.

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