On January 24, 2024, I attended the Annotated Will 2024 CPD program hosted by the Law Society of Ontario. Chaired by Kavina Nagrani and Ian Lebane, this morning was packed with valuable lessons for both estate planners and litigators. Below are some of my key takeaways from the sessions.
Top Drafting Errors
Some common drafting errors which estate planners should be on the lookout for include:
- When using percentages (although this is to be avoided), ensure that the distribution adds up to 100%;
- When writing sums of money followed by the number in brackets, double check to ensure the numbers are consistent as additional drafts of the will are prepared;
- RSP beneficiary designations cannot be conditional on the payment of taxes; and
- Confirming revocation clauses between primary and secondary wills to ensure one will does not revoke the other.
Post Signing Practices
This session highlighted best practices involved in virtual witnessing of wills, such as:
- Making sure testimonium clause reflects the circumstances of the signing;
- Being mindful of new virtual verification requirements by the LSO as well as the requirement that one of the witnesses be a licensee of the LSO;
- Confirming what you saw on the video reflects on the document – did the testator sign in the right place?; and
- Drafting a reporting letter which is unique to the circumstances of the preparation of the will and the way in which it was signed.
eState Planner has prepared a Will Execution by Video Checklist which would be a good resource to review for further information.
Multiple Wills
This session discussed aspects to keep in mind when drafting multiple wills, including:
- Checking that there are no gaps and that definitions match between wills;
- Confirming revocation clauses for consistency;
- Determining if a tertiary will is necessary in the case of items in the secondary will which may or may not require probate, or provide the estate trustee with discretion to determine which will an asset is governed by; and
- Overall, if you are not familiar with the complexities of multiple will drafting, refer this work to another lawyer.
Thanks again to Kavina and Ian for hosting an exceptional program!