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Toronto Estate Law Blog 

Provided by Hull & Hull.
Post Frequency: 10.9/day Last Entry: April 01, 2011 at 08:48:24 Recent Entries: 1124
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The Right to Choose Your Child's Care?
Posted on February 24, 2011I could not help but be terribly saddened to learn of a battle reportedly underway between parents of a terminally ill boy and a London, Ontario hospital over whether his ventilator ought to be removed. The parents want to get their 13 month old son a tracheotomy so they can take him home, so he can live his last few months with those who love him (the same thing they were able to do for their daughter who was tragically afflicted with a similar neurological condition nine years earlier)...
Funeral Preparations - Let's Not Ignore Them
Posted on February 23, 2011Moneyville is launching a series online all week examining the financial considerations and logistics involved in organizing a funeral. Some noteworthy statistics I picked up from Moneyville's Sunday posting are: ... there were a little over 88,000 registered deaths in Ontario 2009; ...
Cy-près and Religious Purpose Trusts
Posted on February 22, 2011The core issue in a very interesting cy-près appeal decision of Bentley v. Anglican Synod of the Diocese of New Westminster was succinctly put as testing "the ability of the members of four Anglican parishes to remove themselves from a diocese of the Anglican Church of Canada ("ACC") and from the oversight of their Bishop, while at the same time continuing to use the church buildings and related assets of their parishes for Anglican worship...
Hearts and Valentine's Day
Posted on February 18, 2011I thought I would end the week by tying a few events from the past week together. Of course, Monday was St. Valentine's Day (I hope you didn't forget), and on Tuesday, I blogged on the odds of dying from certain causes. A story reported on by KTLA in California seems to tie these two diverse topics together...
Courts Entering the Electronic Age
Posted on February 17, 2011Previously, I podcasted with Sharon Davis on the topic of courts authorizing service via social media. The courts appear to be, to a certain extent, embracing the electronic media, and bringing the administration of the courts into the 21st century...
Einstein's Estate: Theories of Relatives and Relativity
Posted on February 16, 2011Albert Einstein died in 1955. In his will, he bequeathed the literary rights for the more than 75,000 papers and other items in his estate to the Hebrew University in Jerusalem. Since his death, this is said to have generated millions of dollars, mostly through the marketing of videos, bobblehead dolls and Halloween masks...
What Are We Dying From?
Posted on February 15, 2011As noted in a recent article in the Huffington Post, your chances of dying are one in one. However, WHAT you will die from is not so certain. The article in the Huffington Post, by Dean Praetorius, reports, in pictorial form no less, on the 2010 edition of 'Injury Facts', published by the National Safety Council, out of the U...
Institute - Hull on Estates # 239
Posted on February 15, 2011Listen: Institute This week on Hull on Estates and Succession Planning, Natalia Angelini and Nadia Harasymowycz discuss a recent Institute, Brave New World: Building a Thriving Trusts & Estates Practice in the 21st Century, which was held on Thursday February 3, 2011...
Understanding the Role of an Executor - Hull on Estates and Succession Planning #222
Posted on February 15, 2011Listen: Understanding the Role of an Executor This week on Hull on Estates, Ian Hull discusses the role of an executor and how you can anticipate problems that may arise. If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog...
What Is Frontotemporal Dementia?
Posted on February 14, 2011The frontal lobe of the brain is a true workhorse; it is responsible for reasoning, planning, sequencing, modulation of emotions, and conversion of thoughts into speech. The temporal lobes (one right, one left) are no multitasking slouches either. They serve to process auditory sensation and perception, are integral to language comprehension, and also play a role in the formation and retrieval of long-term memories...
Second Marriage Planning Issues - Hull on Estates #238
Posted on February 14, 2011Listen: Second Marriage Planning Issues This week on Hull on Estates, Julia Evans and David Smith discuss how to address and minimize future conflict between a second spouse and children from the previous marriage. If you have any comments, send us an email at hull...
Famous People That Cannot R.I.P.
Posted on February 11, 2011Everyone likes gossip. For those who place themselves in the public spotlight their privacy is constantly invaded, even after death. In an article entitled, 'Dead People Science Won't Let R.I.P.', Joseph Calamia looks at famous people whose buried bodies have been exhumed...
Marriage Revokes Wills Unless ...
Posted on February 10, 2011Although we are presently in the midst of a cold freeze here in Toronto, many newlyweds are glowing with happiness as they prepare for their weddings. Yes, the wedding season is right around the corner, and with that said, it might be just as important for those who are getting married, to consider reviewing their wills...
Common Will Mistakes
Posted on February 09, 2011Dianne Nice, an author for The Globe and Mail, wrote a piece on her experience in planning her estate. Her article, "Will Mistakes: I've Made a Few", focuses on errors that she encountered when creating her estate plan. Ms. Nice states that while she was pregnant with her second child, she and her husband decided it was time to draw their wills...
How to Manage Your Inheritance
Posted on February 08, 2011In an article published over the weekend, Alison Griffith of the Toronto Star writes that over 21 per cent of Canadian households had received an inheritance averaging $91,000. This amount is likely to jump as our society continues to age...
Dual Co-habitation and Claims for Support
Posted on February 07, 2011Can a deceased person, immediately before his or her death, be found to have been in a common law spousal relationship with two persons, each of whom could assert a claim for support as a dependant? This was the interesting question recently considered on a motion for interim support under Ontario's Succession Law Reform Act ("SLRA")...
Another 'Awesome'
Posted on February 04, 2011To anyone who has spent time with me in the last year, you know that the word ‘awesome' has become a permanent fixture in my vocabulary. So much so in fact, on June 4 of last year, I blogged about, ‘1000 Awesome Things', a website and concept that I find truly entertaining and interesting; apparently, enjoying the finer points of life is spreading...
Heir Tracing May Get a Facelift
Posted on February 03, 2011A Vancouver court is about to make a decision that will have a significant impact on the world of Estate litigation. The issues before the court, related to sperm-donation, have become so much a part of our culture that a movie dealing with some of the same issues is nominated for four academy awards...
Groundhog Day.... Round 2? *
Posted on February 02, 2011Every year on Groundhog Day I can't help but reflect on Bill Murray and his contribution to the modern North American psyche. It must be a massive ego trip to know that, on one day of the year, most everyone reflects on a movie that you have made...
Lawyers Behaving Badly? The Rules of Kindergarten Get Reapplied
Posted on February 01, 2011We've all heard the jokes about our profession; generally not the most complimentary. For the most part, you brush it off, develop a thick skin, and continue to work hard to build a successful practice and a positive reputation. A recent article in the February 2011 issue of ‘Briefly Speaking', provided some helpful tips on how to practice law without compromising your integrity when faced with counsel who gives that reputation some basis in reality...
Why - Part 3 - Hull on Estates and Succession Planning #221
Posted on February 01, 2011Listen: Why - Part 3 This week on Hull on Estates and Succession Planning, Ian continues his discussion on "what" it means to be an estate trustee and "why". Specifically, he talks about dealing with and protecting special assets...
Dependent Support - Hull on Estates #237
Posted on February 01, 2011Listen: Dependent Support This week on Hull on Estates, Natalia Angelini and Rick Bickhram talk about a recent decision where the court awarded dependent support to two dependents of the deceased. Click here for more information on the case discussed during this podcast or the citation is Blair v...
When It's This Cold Out - To What Lengths Will We Go To Generate Heat?
Posted on January 31, 2011I can't remember a time in my life when being conscious of society's impact on the environment hasn't been at the forefront of the media. Each generation considers the legacy they leave behind in a different way, and certainly, we can look back through history and dissect the choices of generations past and the impact those decisions have had on our environment...
Stand Clear, The Doors Are Closing
Posted on January 28, 2011Are you ready yet?! No – in a minute, just warm up the car…I'll be there in minute…Hurry! You're late!! Run!!! ...RUN! That's how it begins. Every day. 'The GO Train Cardioblaster Dash'. Why? The National Post reported last year that Toronto commute times 'ranked dead last' among 19 urban centres, including Los Angeles, London, Chicago and New York...
A Writer's Will
Posted on January 27, 2011Wills deal with the distribution of property after one has died and so a fundamental task of the Wills lawyer is to ascertain all the property owned by his client. J. D. Salinger (who died one year ago today) knew very well that his stories were his property...
Why - Hull on Estates and Succession Planning #220
Posted on January 26, 2011Listen: Why This week on Hull on Estates and Succession Planning, Ian continues his discussion on the book Start with Why By Simon Sinek which can be found in the Hull & Hull LLP Reading Center. This week he discusses why one becomes an executor and what it means to be an executor...
The Concussion Discussion: Taking the Longer View
Posted on January 26, 2011Worse than watching Sidney Crosby's head hit on New Year's Day, was watching Crosby's attempt to right himself after the blow and skate off the ice. Dr. Wennberg, a University of Toronto concussion expert and NHLPA consultant, summed it thusly: 'To see it was painfully obvious...
Can Dementia Be Prevented?
Posted on January 25, 2011Medical research has shown that regular physical exercise is effective in delaying the onset of dementia and Alzheimer's disease. Other studies have shown that people who continue to exercise not only their bodies but their minds may function better...
Parental Support - Hull on Estates #236
Posted on January 25, 2011Listen: Parental Support This week on Hull on Estates, Paul Trudelle and Sharon Davis discuss filial responsibility or parental support. Specifically they talk about Sections 32 of the Family Law Act which discusses the obligation of a child to support a parent...
Dementia: Public and Private Responses
Posted on January 24, 2011Dementia and its devastating effects on its victims and their families has been a popular topic in the news recently: ... On January 17, 2011, we learned of the tragic death of a woman in Toronto who succumbed to the frigid temperatures as she wandered a few blocks from her home in the middle of the night...
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Real Estate Agents, Lenders, Appraisers & Home Inspectors: ARE BUYERS WASTING TOO MUCH OF YOUR TIME?
PREQUALIFY, PREQUALIFY, PREQUALIFY. It cannot be said enough times...
What Should Sellers Look for in Hiring a Real Estate Agent?
MARKETING SKILLS, MARKETING "SUPPORT" AND EXPERIENCE. There are nu...
Should Sellers Hire a Real Estate Agent?
We often say YES! There are simply far too many unscrupulous buyer...
Real Estate Tax Appeals: Who Has the Burden of Proof
Recently, many municipalities have performed revaluations in order...
Real Estate Tax Appeals: Who Has the Burden of Proof
Recently, many municipalities have performed revaluations in order...
Real Estate Brokers
Questions home sellers should ask potential brokers
Real Estate Brokers
The role brokersplay
Estate Planning
Documents: durable power of attorney, living will, letter of instruction, and insurance trust
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
Can I sue the executor of my fathers estate?
Get a lawyer. Not one you pay by the hour - a contingency based attorney. If he ...
My father and mother died with a will. The will states that the family house be sold and any money left be divided equally among the sibling. The house as a loan against it for $200.000. The executor of the estate (my si
Contest the will, this should lock things up in probate and prevent her from doi...
When selling an inherited home, how to make sure that the beneficiaries are taxed on the stepped up basis?
The cost basis at which the beneficiaries receive the property is the current fa...
He has half brothers and sisters and I would prefer his estate go to only one of his half brothers, as he is the only one who cares about his well being.
If intellectually disabled means that a person would not be found competent to p...

How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
Can I sue the executor of my fathers estate?
Get a lawyer. Not one you pay by the hour - a contingency based attorney. If he ...
My father and mother died with a will. The will states that the family house be sold and any money left be divided equally among the sibling. The house as a loan against it for $200.000. The executor of the estate (my si
Contest the will, this should lock things up in probate and prevent her from doi...
When selling an inherited home, how to make sure that the beneficiaries are taxed on the stepped up basis?
The cost basis at which the beneficiaries receive the property is the current fa...
He has half brothers and sisters and I would prefer his estate go to only one of his half brothers, as he is the only one who cares about his well being.
If intellectually disabled means that a person would not be found competent to p...








