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OBA Institute – Elder Law – Rights and Limitations on an Attorney Under a Power of Attorney – Feb 5

OBA Institute – Elder Law – Rights and Limitations on an Attorney Under a Power of Attorney – Feb 5, 2020

Registration and Program info

Explore the rights and limitations of an attorney under a Power of Attorney for Property having regard to legislative developments and suggested reform, including consideration of the Restoring Trust, Transparency and Accountability Act, 2018, S.O. 2018, c. 17 – Bill 57, recent amendments to the Pension Benefits Act, R.S.O. 1990, c.P.8, as well as Electronic Beneficiary Designations, for all plans under the Succession Law Reform Act.

Join us to get expert insights on:

  • cross-country conflicting case law on whether attorneys under a power of attorney for property are able to change designations
  • the testamentary nature of designations
  • the designation of registered plans, including RRSP structures (deposits, trusts and insurance contracts)
  • select conflicts of law scenarios dealing with RRSPs
  • whether legislative reform is needed

A lively debate will follow, as our esteemed panel of academicians and practitioners debate the controversial issue of whether designations are testamentary or not. Do you know the answer

PROGRAM CHAIRS

Natalia Angelini, Hull and Hull LLP
Kim Whaley, Whaley Estate Litigation Partners

WEL Partners presenters:

Are Beneficiary Designations Testamentary in Nature?
Professor Albert Oosterhoff, University of Western Ontario
If so, in what circumstances?

Legislative Analysis: Sufficiency and Proposed Changes
John Poyser, Tradition Law
Is the current legislation sufficient, or should statutory provisions specifically designed to authorize attorneys to make designation changes be considered?

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