Canadian Lawyer

44 O c t O b e r 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m two people in the conventional fash- ion. "That's the thin edge of the wedge, getting away from some of these hard and fast rules," says Hull, who sits on a new Law Commission of Ontario panel considering reforms to the way small estates are administered. He says the strict procedures that gov- ern wills also seem "a little out of whack," at a time when society is moving towards the use of digital documents of all kinds, including in the medical and financial fields. "We're going to feel pressure as a society that this has to be revisited," he says. "Maybe we can open our eyes to more innovative ways to do testamen- tary documents, especially to allow more access to justice." Until that happens, Hull says there's a need for greater awareness about the special conditions surrounding notarial wills among lawyers outside Quebec, and among the province's expats. More than 30,000 Quebecers migrat- ed to other provinces in 2012-13, accord- ing to Statistics Canada, many of them leaving behind original wills with nota- ries in Quebec. "People move all over the country, their estates are often a complete mess, and they end up in court because [the law] is different where they go," says Butler, referring not only to revocation rules but a whole range of estates issues that change from province to province. Butler says Canadians need to under- stand the importance of seeing a lawyer to revise their wills when they move. She also says family and estates lawyers need a firmer grasp of interprovincial differences too. "Mr. Christian may not have understood the legal implications of his will being in the central registry in Quebec — particularly once his fam- ily lawyer said, 'Tear it up.' He probably thought, 'Okay, I'll just tear it up.' Cana- dians do not understand the ins-and- outs of these issues very well." "i don't know whether the formalities of the notarial will are broadly known of outside of Quebec." CoLL GoRDoN, McKimm and Lott LEgaL rEport/willS, TRuSTS, & eSTATeS For many years, Oosterhoff on Trusts: Text, Commentary and Materials has provided students, practitioners and teachers with expert insight into the concepts and complexities of trust law. New in this Edition Oosterhoff on Trusts: Text, Commentary and Materials, 8th Edition thoroughly incorporates the vast changes in the law of trusts since the previous edition and has undergone major changes in the organization of the text. Some of the new and updated subjects discussed include: • The Duty to Account, the Duty of Care and Fiduciary Duty • Constructive Trust and Unjust Enrichment, Wrongful Gains, and Perfection of Intentions • Knowing Assistance and knowing Receipt • Rights and Liability of Trustees, including the Rights of Trustees inter se • Tracing and Recovery of Trust Assets The Uniform Trustee Act, which was recently promulgated by the Uniform Law Conference of Canada, is compared and contrasted to existing provincial trustee statutes. A leading introductory text on the Canadian law of trusts Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986352-65203 $269 Hardcover August 2014 approx. 1350 pages 978-0-7798-6352-5 00223PY-46109 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. New Edition Oosterhoff on Trusts: Text, Commentary and Materials, 8th Edition Albert H. Oosterhoff, Robert Chambers, and Mitchell McInnes

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