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Estate Planning

Toronto Estate Law Blog

Provided by Hull & Hull.

Post Frequency: 10.9/day

Last Entry: April 01, 2011 at 08:48:24

Property Guardian Applications - Hull on Estates #190

Posted on December 01, 2009
Listen to: Property Guardian Applications - Hull on Estates #190 This week on Hull on Estates, Craig Vander Zee and Natalia Angelini discuss property guardian applications. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog...

Emotional Estate Disputes - Hull on Estates and Succession Planning #189

Posted on December 01, 2009
Listen to: Emotional Estate Disputes - Hull on Estates and Succession Planning #189 This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag discuss emotional estate disputes amongst families. If you have any comments, send us an email at hullandhull@gmail...

Public Guardian and Trustee Declines to Intervene at Humane Society

Posted on November 30, 2009
The Globe and Mail reports that the Office of the Public Guardian & Trustee has recently declined a request by the Ontario Society for the Prevention of Cruelty to Animals to appoint an interim supervisor to oversee the Toronto Humane Society in the wake of the arrest of several staff members for animal cruelty...

Checkmate? Fight over Chess Master's Estate

Posted on November 27, 2009
Bobby Fischer died in 2008 in Iceland at the age of 64. The tawdry details of his life often overshadowed the genius of his game - he was a child prodigy, a teenage grandmaster and -- before age 30 -- a world champion who triumphed in a Cold War showdown with Soviet champion, Boris Spassky...

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High Moral Obligation Owed to a Spouse

Posted on November 26, 2009
There is a tension in the case law between respecting the rights of testators to freely dispose of their estates upon death, and ensuring that a testator's dependants are provided for in an adequate manner. Past blogs and podcasts on our website have explored this tension...

The Fight Over Boxer Gatti's Estate

Posted on November 25, 2009
In a recent Québec decision, the young widow of the late boxing champion, Arturo Gatti, and mother to his son, has been awarded $40,000 to cover her legal fees and child care costs. Ms. Rodrigues had asked for a $150,000 advance and their dog...

The Holiday Season - Hull on Estates and Succession Planning #188

Posted on November 24, 2009
Listen to: The Holiday Season - Hull on Estates and Succession Planning #188 This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag address the issue of family discussions about succession planning as they arise during the holiday season...

Dueling Power of Attorney - Hull on Estates #189

Posted on November 24, 2009
Listen to: Dueling Power of Attorney - Hull on Estates #189 This week on Hull on Estates, Sharon Davis and Natalia Angelini discuss dueling Power of Attorney based on a paper written by Jordon Atin. If you have any comments, send us an email at hull.lawyers@gmail...

Wills Made in Contemplation of Marriage

Posted on November 24, 2009
In a Probater article, my colleague, David M. Smith, mused on 'in contemplation of marriage' clauses in Wills legislation, which preserve Wills in the face of marriages. As noted by David, to avoid revocation by an impending marriage, a testator usually must include a clear and unambiguous declaration in his/her Will that it is made in contemplation of marriage...

Changes to British Columbia's Wills, Estates and Succession Legislation

Posted on November 23, 2009
British Columbia's new Wills, Estates and Succession Act received Royal Assent on October 29, 2009. This new Act is a comprehensive statute designed to modernize and streamline the making of Wills and the administering of estates in British Columbia...

Attention to Detail: An Expensive Lesson Learned

Posted on November 20, 2009
In a decision earlier this year, Justice Harris in Binkley Estate v. Lang, (2009) 50 E.T.R. (3d) 44, looked at the construction of wills and fundamental issues giving effect to the testatrix's intent. The decision involved a 92 year old testator who was both capable and in control of her affairs...

Cost Decisions and Estate Litigation - Hull on Estates #188

Posted on November 19, 2009
Listen to: Cost Decisions and Estate Litigation - Hull on Estates #188 This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss cost decisions and estate litigation. If you have any comments, send us an email at hull.lawyers@gmail...

Are you Mom's Favourite?

Posted on November 19, 2009
In Estate Litigation we are faced every day with feuding families. Is the fight avoidable or inevitable? For those of you with siblings, I'm sure at some point in your lifetime you've gotten upset and yelled those words which for some reason really hit home: "Mom always liked you best"...

Power of Attorney - Part 6 - Hull on Estates and Succession Planning #187

Posted on November 18, 2009
Listen to: Power of Attorney - Part 6 - Hull on Estates and Succession Planning #187 This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the importance of confidentiality when acting as Power of Attorney. If you have any comments, send us an email at hullandhull@gmail...

Avatars Beware - What Happens to Your Online Life When You Die?

Posted on November 18, 2009
I'm sure there are a few people who are holding out and refuse to join facebook, or some other virtual world. Yet for the majority, checking online accounts is merely part of an everyday routine. What happens when you are no longer around to check these accounts? This may seem like a trivial factor when dealing with the loss of a loved one, but seeing posts on a facebook wall belonging to a recently deceased family member can be extremely painful...

Immortality - Closer Than We Think?

Posted on November 17, 2009
A recent article in the Toronto Star discusses the possibility of immortality. Not just a distant possibility, but a real possibility within our lifetimes. It even suggests that the first 1000 year olds are almost certainly already alive. According to the article, there is the possibility that we would simply replace our bodies as they deteriorate...

Ontario's Unforgiving Formal Execution Requirements for Wills

Posted on November 06, 2009
The formal requirements for execution of a will, or any testamentary instrument in Ontario, are governed by Part I of the Succession Law Reform Act ("SLRA"). The definition of "will" in s. 1 of the SLRA includes a testament, codicil, will, or other testamentary disposition...

Terminology in Civil Proceedings - Hull on Estates #186

Posted on November 05, 2009
Listen to: Terminology in Civil Proceedings - Hull on Estates #186 This week on Hull on Estates, Paul Trudelle and Christopher Graham discuss some of the words and terminology commonly used in civil proceedings. If you have any comments, send us an email at hull...

Two More Serious Charges Dropped Against Accused Shopkeeper

Posted on November 05, 2009
Prosecutors have dropped the charges of kidnapping and carrying a concealed weapon against the shopkeeper accused David Chen. Readers will remember Mr. Chen as Toronto's Chinatown shopkeeper who arrested a shoplifter, with the help of two employees, then got charged himself...

Cost Award for Successful Motion for Summary Judgment

Posted on November 04, 2009
Successful motions for summary judgment are rare occurrences, and any guidance on costs awards is welcome. Justice Mesbur's costs endorsement in the personal injury case Asmassu v. John (2009), 2009 CanLII 58579 (On S...

Power of Attorney - Part 4 - Hull on Estates and Succession Planning #185

Posted on November 03, 2009
Listen to: Power of Attorney - Part 4 - Hull on Estates and Succession Planning #185 This week on Hull on Estates and Succession Planning, Ian Hull discusses the difficult topic of arranging payment for the Power of Attorney. If you have any comments, send us an email at hullandhull@gmail...

Euthanasia Bill C-384 Faces First Reading in Parliament

Posted on November 03, 2009
A private member's bill that would decriminalize medical practitioners assisting with suicide is about to get its first reading in the House of Commons. Bill C-384 would amend sections 222 (homicide) and 241 (assisted-suicide) of the Criminal Code...

Insane Delusions and Testamentary Capacity

Posted on November 02, 2009
A testator who suffers from "insane delusions" may not have testamentary capacity. The case law provides numerous definitions and tests for insane delusions, but there is no single dedicated leading case. Perhaps the best way to grasp this principle is by starting with the classic statement from Banks v...

Swine Flu and Young Adults - Whose Decision is it to Vaccinate?

Posted on October 30, 2009
It can be easy to tell your children what to do ... when they're still young. Its not quite so easy as they grow up and leave the nest - both from a practical and legal perspective. Have you thought about whether your university-aged child is fully prepared in the event of a medical emergency? Can you, as a parent, get access to medical information on behalf of your child who is over the age of majority? This concern, particularly in the context of mounting fears over the spread of the swine flu (H1N1) virus, was considered recently here, and is worth some discussion in the context of our own provincial laws...

12th Annual Estates & Trusts Summit

Posted on October 29, 2009
Mark your calendars now for the upcoming 12th Annual Estates & Trusts Summit, scheduled for November 12th and 13th, 2009 in Toronto. This program, organized by the Law Society of Upper Canada, has been described as "vital for anyone carrying on an estates practice"...

The Best of Both Worlds

Posted on October 28, 2009
A little knowledge goes a long way. In the context of insurance policies and your overall estate plan, understanding the nuances of a testamentary insurance trust can provide enormous benefits down the road. Simply taking out insurance on your life - or even naming a specific beneficiary other than your "estate", does not by itself capitalize on the various benefits that may be available by the creation of testamentary insurance trust...

Power of Attorney - Part 3 - Hull on Estates and Succession Planning #184

Posted on October 27, 2009
Listen to: Power of Attorney - Part 3 - Hull on Estates and Succession Planning #184 This week on Hull on Estates and Succession Planning, Ian Hull focuses on the importance of capacity assessments. If you have any comments, send us an email at hullandhull@gmail...

E-Mail Trumps "Snail Mail" - A Welcome Initiative

Posted on October 27, 2009
Last week, Mr. Justice Brown released an Endorsement involving an Application for Confirming of Resealing of Appointment, in which he directed the Estates Registrar to offer to Applicants for Certificates of Appointment the option of communicating with the Estates Office by e-mail...

Unworthy to inherit - Hull on Estates #185

Posted on October 27, 2009
Listen to: Unworthy to Inherit - Hull on Estates #185 This week on Hull on Estates, Bianca La Neve and Natalia Angelini discuss a recent application to declare a Beneficiary unworthy on inheriting an estate. If you have any comments, send us an email at hull...

Who Says Blood is Thicker Than Water?

Posted on October 26, 2009
An Italian Prince and Princess are squabbling over their late mother's inheritance, which includes an extensive art collection with works by Caravaggio and Raphael, and a palace in Rome. The sister (Princess Gesine) has asked an Italian Court to exclude her brother's (Prince Jonathan) children as heirs because his children were conceived with surrogate mothers and she does not "approve" of his homosexual lifestyle...

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