TWO PROGRAMS: Gatekeeping vs. Safekeeping Documents AND Demystifying the Accumulations Act

Gatekeeping vs. Safekeeping Documents examines the risks of storing and releasing client wills, powers of attorney, drafts, notes, and related estate planning materials. The presentation highlights confidentiality, capacity concerns, CPOAP release conditions, competing requests, Naccarato v. Naccarato, and practical protocols for verifying authority, documenting decisions, and reducing liability when access is requested. 

Demystifying the Accumulations Act examines Ontario’s rarely used but still operative rule against long-term income accumulation in trusts. The presentation highlights the Act’s history, maximum accumulation periods, modern limits on its application, key exceptions, Anthony v. Binscarth, and practical drafting risks for wills, family trusts, and Henson trusts where retained income may need a clear post-expiry plan.