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Boilerplate Clauses in Will, Estate Planning & Trust Matters

Drafting Boilerplate Clauses in Estates, Trusts and Capacity Matters: A Q&A with Senior Lawyers on Funeral Provisions, Trustee Power, Guardianship Clauses, Abatement Clauses, and more.

Created byToronto Lawyers Association
BeginnerUpdated Apr 7, 2023

What You'll Learn

  • check_circleExplore best practices for drafting boilerplate clauses in estate planning, including definitions and interpretation provisions.
  • check_circleUnderstand how to effectively incorporate funeral and burial provisions to reflect clients' wishes.
  • check_circleLearn how to draft trustee power clauses that provide estate trustees with the authority needed for proper estate administration while addressing requested restrictions.
  • check_circleGain insights into drafting hotchpot, guardianship, and abatement clauses to avoid ambiguity and ensure alignment with testators' intentions.

About This Course

Bring Your Own Questions!

Our specialized panel of senior lawyers will answer your questions related to drafting boilerplate clauses in estates, trusts, and capacity matters.

This is an opportunity to consider legal and practice issues on a variety of topics, including:

Key Discussion Topics Funeral/Burial Provisions

  • Allow estate planning clients to share their wishes regarding funerals and burials
  • Ensure these wishes are communicated to those authorized to make the arrangements

Trustee Power

  • Ensure that estate trustees have the necessary authority to properly administer the estate
  • Provide for any requested restrictions on trustee authority
  • Avoid the need to seek direction from the Court

Hotchpot, Guardianship, and Abatement Clauses

  • Ensure these critical clauses are drafted to reflect the testator's wishes
  • Avoid ambiguity that could lead to distributions inconsistent with those wishes

Payment of Debts

  • Advise clients on how liabilities may impact estate administration
  • Address the order in which gifts will abate
  • Where applicable, include clauses specifying how tax liabilities tied to specific assets will be paid

The Use of Boilerplate Clauses in Will Drafting

The panel will also explore best practices for standard clauses commonly used in wills, such as:

  • Definitions
  • Interpretation
  • Funeral/Burial Provisions
  • Trustee Power
  • Guardianship Clauses
  • Abatement Clauses
  • Payment of Debts

 

Presenters

  • Jordan Atin
  • Ian M. Hull
  • Jenny Pho
  • Suzana Popovic-Montag
  • Elizabeth Virtue

Course Content

1 activity • 1 videos • duration: 1h 39m

remove
Section 11 videos • 1.7 hours
  • videocamBoilerplate Clauses in Will Drafting and Estates, Trusts and Capacity Matters
    Duration 99:43

Your Instructors

Toronto Lawyers Association

Toronto Lawyers Association

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star2,384 reviews

For more than 135 years, the Toronto Lawyers' Association, located within the Courthouse Library, has represented the interests of lawyers practising in the City of Toronto. The association was founded to support its members in three key areas: Knowledge, Advocacy, and Community.To uphold these pillars, the association offers a year-round mix of online and in-person education programs for lawyers, hosts both free and paid events to foster in-person networking, and submits advocacy pieces on behalf of its members to the Ontario bench and bar, all levels of government, and the broader public.

Jordan M. Atin

Certified Specialist | Osgoode Hall Law School

Jordan is a Certified Specialists in Estates and Trusts Law and an Adjunct Professor of Law at Osgoode Hall Law School in Toronto, Canada. Lexpert rates Jordan as one of its top recommended estate lawyers in Canada as well as being rated as a Best Lawyer in Canada. In addition to his planning and administration practice, Jordan is Counsel to Hull & Hull LLP and an experienced estates mediator. He is a Past Chair of the Ontario Bar Association - Trust and Estates Section and a full member of the Society of Trusts and Estate Practitioners (STEP). Jordan was the inaugural winner of the OBA’s Hoffstein Prize in recognition of his contributions and achievements in the area of wills, trusts and estates.

Credit Information

Is this course eligible for my CPD requirements as a Canadian CPA?

Provincial regulators of CPAs in Canada do not require that independent providers of CPD be approved to offer courses. Instead, individual CPAs are responsible for assessing whether a CPD activity meets their requirements, and may take activities from any source provided those requirements are met.

Every course offered on LearnFormula is delivered by a qualified subject matter expert or learning organization, and advances learning objectives that are relevant to the responsibilities or professional competencies of Canadian CPAs. All activities on LearnFormula are quantifiable in terms of hours, and are also verifiable, in that users receive documented evidence of their attendance via a certificate of completion after finishing a course (and this certificate is stored by LearnFormula indefinitely). Nearly 100,000 Canadian CPAs successfully satisfy their CPD requirements via LearnFormula on an annual basis.

What Students Are Saying

4.6 out of 5
Student's Choice
43 reviews
  • MH
    Matthew H.
    starstarstarstarstar

    Good enough program. It would have been better had the presenters stopped chatting so much off topic.

  • CR
    Carrie R.
    starstarstarstarstar

    Very informative... especially about the Hotchpot clause usage.

  • ND
    Norah D.
    starstarstarstarstar

    good, even if Ontario (lol)

Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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