The Honourable Susan E. Greer: Changes in Estates and Trusts Practice
The Honourable Susan E. Greer has been involved in the world of estate law for many years, as both a lawyer and as a recently retired Superior Court Justice. During that time, and particularly during her 23 years as a Superior Court Justice, she has observed a number of changes as she observes in this article for Advocate Daily.
Some of the changes discussed by The Honourable Ms. Greer are relevant to the practice of law generally. In particular, she mentions civility, and the fact that counsel have become less courteous over time, including in interactions with court staff, each other, and witnesses. She also refers to the increasing use of emails as exhibits to affidavits. In this regard, of note is the concern that many emails are “sent in haste, without careful consideration as to how they read or how they could be misinterpreted” as opposed to the thought that usually goes into the drafting of letters. These comments are applicable to lawyers generally, not solely the estates bar, and are important points to consider.
Specifically with respect to estate law, The Honourable Ms. Greer notes that there have been changes in several areas, including sibling rivalry increasingly being brought to the courts, and increasingly heavy scrutiny of jointly held assets. One particularly interesting development discussed in the article is the increase in will challenges commenced by children prior to the death of their parent. As noted by The Honourable Ms. Greer, this is not an issue unique to Ontario or Canada, citing a French case in which the daughter of Liliane Bettencourt, heir to the L’Oreal cosmetics company, successfully challenged the validity of her mother’s will, while her mother was still alive.
Relevant to many of the changes that have been seen in estates, according to The Honourable Ms. Greer, is the issue that the “greed factor has become more pronounced, causing bitter divisions in families that seem impossible to heal.” That being said, given that courts have moved away from awarding all costs of litigation to be paid from the estate, the possibility of being responsible for one’s own costs, as well as the costs of other parties, may serve as a disincentive for potential litigants with more frivolous claims that may be driven by greed.
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