Passing of Accounts & Fiduciary Accounting

Faculty

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

• Lionel J. Tupman, WEL Partners.
• Heather Hogan, Counsel, Office of the Public Guardian and Trustee
• Karen Margaret Gibbs, Gowling WLG (Canada) LLP
• Albert H. Oosterhoff, Professor Emeritus, Counsel WEL Partners
• Susan J. Stamm, Counsel, Property Rights, Office of the Children’s Lawyer

Past Program Agenda – 2017

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

Group Discounts

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.

FAQs

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Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.