Menu
WEL Partners is participating in the Osgoode Professional Development programme: “2017 Guide to Passing of Accounts & Fiduciary Accounting” on February 9.
Link to registration and full program information
About
Passing of accounts is a minefield, and you need to be prepared – don’t become another LawPRO statistic. Over one intensive evening, our expert faculty will teach you how to effectively manage and advise on passing of accounts, compensation and fiduciary accounting issues. You will learn the latest case law updates, and will benefit from hands-on exercises where you will review sample estate accounts.
If your practice touches estate litigation, you’ve likely had to pass accounts. This intensive evening workshop will teach you everything you need to know, from the basics of uncontested and contesting court passings, to compensation and implications of the most recent case law. You will benefit by reviewing sample estate accounts, and will learn firsthand what numbers need to add up where before you sign off.
Faculty
Chair
- Kimberly A. Whaley, WEL Partners
Speakers
- Lionel J. Tupman, WEL Partners.
- Susan J. Stamm, Counsel, Property Rights, Office of the Children’s Lawyer
- Birute Lyons, WEL Partners.
- Nancy Patrick, WEL Partners.
6:30 p.m. Welcome and Introduction from the Chair
6:35 p.m. Passing of Accounts: The Basics
Kimberly A. Whaley and Lionel Tupman, WEL Partners
- Circumstances when accounts need to be passed
– Who can require an account to be passed?
– Who is required to pass accounts as a matter of course? - ·Jurisdiction to pass accounts
– Estate trustee
– Attorney/guardian for property - The duty to account – when? To whom?
– Relevant limitation periods to consider
– Procedure and rules for passing accounts of: Guardian of Property – Incapable person; Guardian of Property- Minor; Attorneys for Property; Estate Trustees and Trustees - Uncontested vs. contested court passings
- Remedies for the failure to account
- Procedural requirements and jurisdictional idiosyncrasies in Passings of Accounts
- Case law update
- Understanding what compensation the following parties are entitled to:
– Attorney/guardian
– Estate trustee
– Personal care guardian - Pre-taking of compensation- when is this permitted?
- When compensation is spelled out in the will – what level of specificity is needed?
- How to properly calculate compensation- your role as the lawyer
7:35 p.m. Refreshment Break
7:50 p.m. Reviewing Accounts: What Lawyers Need to Look For
Birute Lyons and Nancy Patrick, WEL Partners
Susan J. Stamm, Counsel, Property Rights, Office of the Children’s Lawyer
This session will review sample estate accounts, with a focus on what lawyers need to look for before signing off. You will learn:
- Guidelines for distinguishing between income and capital
- How to conduct a thorough analysis- which numbers need to add up where?
- Common errors to watch out for
- What qualifies as inadequate accounting?
- What the Office of the Children’s Lawyer looks for when reviewing accounts
- Common Objections made by the Children’s Lawyer
9:15 p.m. Q & A Session
9:30 p.m. Program Concludes
