The approved list of essay topics is set annually and includes topics from four subject areas:

A	Law
B	Accounts and Administration
C	Taxation
D	International Issues

You may choose one topic from any of the four subject areas. In order to complete the program, you must have passed three essays from any three of the four subject areas. Please note that when you submit your essay it should be based on one of the topics listed for the current year. There are two cut-off dates for marking: October 1 and May 1. The essay topics are updated annually on May 1 so that any essays submitted after May 1 must pertain to one of the new posted topics. Essays submitted between October 1 and May 1 must pertain to one of the topics that has been updated on May 1 of that calendar year.

A	Law
01	Complex family situations, such as second or third marriages, unmarried relationships, with or without children, step-children, and so on, provide challenges to the will drafter, estate planners and personal representatives administering estates. Providing examples of good and poor drafting and citing both statute and case law, describe issues to be considered arising from some or all of these situations. Include a discussion about remedies available to beneficiaries who wish to challenge the will as well as planning techniques to exclude such claims. If you wish, you may include in your essay an analysis of policy considerations in dependents' relief statutes.
02	Intestacies create special complications where the deceased had a common law partner. This is particularly the case where there are adult children, a matrimonial home and the deceased held property (real and personal) in one province that treats common law relationships as equivalent to a marriage and in another that does not. Providing examples and citing both statute and case law, describe issues arising from such a situation. Discuss the potential implications for the rights and entitlements of the common law partner and children and how they might be resolved. If you wish, you may include in your essay an analysis of policy considerations in intestacy law.
03	Testamentary trusts can serve many objectives of estate planning quite apart from income tax advantages. Discuss the practical protective uses of such trusts in some or all of these family circumstances: (i) the minor child; (ii) the elderly spouse; (iii) the disabled family member receiving government financial support; (iv) the spendthrift child; (v) the family member suffering from substance addiction; (vi) the child with a troubled marriage; and (vii) any other examples selected to advance your argument. Give examples of good or poor drafting to address these issues, and refer to statute and case law as necessary to justify your conclusions. If you wish, you may comment on effective drafting to defer or minimize income tax, however, the focus of the essay must be relevant legal (i.e. non-tax) issues.
04	Sometimes, following the establishment of a trust, beneficiaries want to either change the terms of a trust or have it terminate prior to its expected termination date. There are many reasons why one or more beneficiaries [or the trustee(s)] may seek a variation of the terms of a trust. Discuss, citing jurisprudence and statute, the method or methods that might be available to vary/terminate a trust, the reasons for using the selected methods, and the issues involved with each such method.
B	Accounts and Administration
01	A feature of trust accounting is the separation of income and capital interests. Trust accounting rules and the underlying legal principles can create challenges for trustees when fulfilling their duties and exercising their powers. Using examples, identify and explain one or more of the challenges that might arise in the context of investments and other assets a trustee / estate liquidator may hold or acquire. Your essay should include a discussion on how a trustee / estate liquidator can conduct the affairs of the trust to address these challenges.
02	Trustees / Estate liquidators are required to maintain certain records. Comment on the records and information required. Discuss the reasons for keeping the records, how they must be kept, who may see them and the issues that can arise for a trustee / estate liquidator.
03	Common Law jurisdiction: The personal representative of an estate can face a variety of challenges when dealing with the debts of a deceased and estate liabilities. Identify and discuss one or more rules related to the determination of probate fees, settling creditor claims, and dealing with payment of final income tax liabilities. Your essay should identify competing practical and/or legal issues that can arise. You may wish to address one or more of the issues from an inter-provincial perspective. Another approach would be to consider the situation where the residue includes a registered plan, an RESP, or other unique assets with special tax treatment that form a large part of the estate. Civil Law jurisdiction: The liquidator of an estate can face a variety of challenges when dealing with the debts of a deceased and estate liabilities. Identify and discuss one or more rules related to settling creditor claims, dealing with payment of final income tax liabilities, RRSPs, etc. Your essay should identify competing practical and/or legal issues that can arise. You may wish to address one or more of the issues from an inter-provincial perspective. Another approach would be to consider the situation where the residue includes a registered plan, an RESP, or other unique assets with special tax treatment that form a large part of the estate.
04	In order for trust relationship to work, it must be continuously administered until fully executed. The administration of a trust is generally the responsibility of the trustee, and a valid trust will not fail for lack of a trustee. But what if a trustee, after accepting the role of trustee, dies, is unwilling or unable to act, or simply wishes to retire from the trusteeship? Describe, citing jurisprudence and statute, the methods by which a trustee in your province can be removed or replaced, and issues that might be relevant when considering the removal, resignation or appointment of trustees.
C	Taxation
01	Wills often provide for testamentary trusts. Providing examples and citing both statutory and case law references, define a testamentary trust (and methods by which they can be created) and describe, from a tax perspective, the advantages and limitations of testamentary trusts. Include an analysis of saving provisions and exclusions.
02	Inter-vivos trusts are important tax planning tools for a variety of reasons. Their successful use, however, is dependent on avoiding significant income tax traps. Providing examples and citing statutory and case law references, explain some of the planning opportunities that inter-vivos trusts present and the practical solutions to the associated anti-avoidance and other negative tax rules.
03	It is not uncommon for an estate to be divided equally among several beneficiaries, some resident in Canada, and others tax resident elsewhere. Consider a situation where a Canadian estate holds at least three of the following assets: 100% of an active private company, commercial real estate, vacant property, a principal residence, and a Canadian equities investment portfolio. The estate is to be distributed equally among 3 adult children, not all resident in Canada. Identify and explain the tax liabilities that will arise on the final tax return, and discuss options for minimizing the ultimate tax liability of the estate.
D	International Issues
01	Upon retirement, Canadians may move to other "warmer" locations where they ultimately become domiciled while not necessarily giving up their Canadian citizenship. Providing examples and citing both statute and case law, discuss the conflict issues that arise in respect of applicable inheritance laws, tax laws, and estate administration issues when a Canadian citizen dies while domiciled in another country with assets in both. Consider, for example, the situation in which such a deceased had a will dealing only with the assets in the foreign jurisdiction but was intestate with respect to the remainder of the estate in Canada.
02	A Canadian trust may have beneficiaries in Canada and other jurisdictions around the world. The UK and the USA are examples of two jurisdictions that have specific rules on how beneficiaries subject to the income tax laws of these jurisdictions must report distributions from "foreign" trusts (e.g. a trust in Canada). Explain the nature of the rules of one of these jurisdictions and discuss the implications for how a Canadian trustee might administer the trust. Alternatively, identify and explain strategies that can be included in a testator's will that would ensure that assets held in trust for children in Canada and elsewhere can be effectively managed to avoid punitive tax liabilities for the beneficiaries.
03	Trust issues requiring resolution often fall into one of the following three categories: (i) essential validity; (ii) construction (substantive interpretation); or (iii) administration. Where the trust relationship has elements involving multiple jurisdictions, a resolution of these trust aspects will involve conflict of laws. Using jurisprudence and any relevant academic authorities or statute(s), describe these “aspects” of a trust and discuss how a Canadian provincial court determines the law that applies to each of them (i.e., what are the rules for determining the relevant governing law for each “aspect”). In your essay, consider the “proper law” of a trust and discuss whether more than one jurisdiction’s law (whether another province or country) can apply to a trust (or an aspect of it), and whether the applicable law(s), once determined, can change? Also, include in your essay a discussion of clauses relating to governing law and jurisdiction in trust agreements.
04	Discuss the matters to be considered when advising a testator with multi-jurisdictional assets in both common law and civil law countries.
05	CBEG Prize topic: Provide an analysis of the key differentiating factors between common law and civil law approaches to the succession to assets on death. You should address conflicts of law issues and any international initiatives designed to reduce the practical impact of these conflicts.

Essay Requirements

Essay Marking