The 17th Annual Wills, Estates & Trusts Conference. Changes to Estate Practice due to Bill 245. Caselaw update | CPDonline.ca

The 17th Annual Wills, Estates & Trusts Conference. Changes to Estate Practice due to Bill 245. Caselaw update

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Credits
Substantive: 0.75
45 minutes
Published
2021
Presenter(s)
Lou-Anne Farrell
Ian Wright
Source
Middlesex Law Association
Provider
CPDOnline.ca
Language
English
Length
45 minutes
Price
$89.00 plus tax

Changes to Estate Practice due to Bill 245.

  • No more automatic revocation of will by marriage
  • Substantial compliance provision re execution of wills
  • Permanent provision for remote signing
  • New treatment of separated spouses
  • Increased preferential share and amount permitted to be paid to parents of minors

Lou-Anne Farrell will present on “changes to the estate practice due to Bill 245”. Bill 245 (the Accelerating Access to Justice Act) received Royal Assent on April 19, 2021 and many of its significant provisions are set to come into effect on January 1, 2022.  Make sure you are ready for these significant changes, which include remote signing being made permanent, the end of revocation by marriage, several changes to the rights of separate spouses, and more.

Ian Wright’s case law update will focus on two issues: first, two different cases and their application of the Supreme Court of Canada’s decision in Pecore v. Percore and second, removing an estate trustee who has “unfettered discretion” according to the will.

Presenters

Lou-Anne Farrell

Lou-Anne Farrell was called to the Ontario Bar in 1988 after graduating from the University of Western Ontario law school with distinction. After several years as an associate and then as a partner at Lerners and at Advocates LLP, she joined FPLaw as counsel in January of 2016.

Ms. Farrell practices in the area of estate litigation, including will challenges, spousal and dependent’s claims, removal of executors and contested estate audits, as well as Power of Attorney litigation, Capacity litigation, including the appointment of guardians, and Breach of Trust claims. She also acts as a mediator in estate-related disputes.

Ms. Farrell is a former Chair of the Trusts and Estates Section of the Ontario Bar Association and has written and spoken frequently on issues related to Estate Litigation. She is a former Alternate Chair of the Ontario Review Board, the tribunal which conducts annual reviews of persons found not criminally responsible for criminal offences by reason of a mental disorder. She has also been on the boards of several community organizations in London. She is presently President of the Board of Ronald McDonald House Charities of Southwestern Ontario and an Honourary Director of the Children’s Health Foundation.

Ian Wright

Ian is a litigator who specializes in estate litigation, specifically disputes concerning wills, testamentary capacity, undue influence, estate accounting, guardianship orders and dependent’s relief claims. Ian is retained by estate trustees and beneficiaries, as well as attorneys under powers of attorney for property and guardians of property to provide advice and bring court proceedings to ensure the rights of individuals in estate matters are enforced and protected. Ian also speaks at educational seminars on issues which arise in estate matters and has acts as an agent for the Children’s Lawyer as well as the Public Guardian and Trustee.

A graduate of both McGill (B.A. ’85) and Dalhousie (LL.B. ’90), Ian was called to the Bar in 1992 and returned to London to practice law. A director of the Rotary Club of London, Ian has also volunteered for the United Way, Big Brothers, Community Living London and First St. Andrew’s United Church. Ian enjoys travelling, tennis, spending time with his family, and he has run several Boston Marathons.

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