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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

Jim Collins: Turning Crisis into Opportunity

Posted on February 05, 2009
Someone forwarded me a terrific article from the February 2, 2009 issue of Fortune magazine. In it, Jim Collins, the author of “Built to Last” and “Good to Great”, notes the current economic volatility and uncertainty and states that such instability is in fact “normal”, as contrasted to the relative stability from 1952 to 2000, which he feels was an aberration...

Shareholders Agreements in the Context of an Estate Plan - Part 2 - Hull on Estate and Succession Planning #150

Posted on February 05, 2009
Listen to Shareholders Agreements in the Context of an Estate Plan - Part 2 This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on shareholders agreements in the context of an estate plan. They discuss the fact that when creating a shareholders agreement we should deal with the day to day governance not the global governance which deals with directors and officers...

Estate Planning in Uncertain Economic Times - Episode #148

Posted on February 05, 2009
Listen to Estate Planning in Uncertain Economic Times This week on Hull on Estates David Smith and Sarah Hyndman Fitzpatrick talk about estate planning in uncertain economic times. They discuss how the current economic situation has impacted estate planning and litigation and new tools (such as the "Tax Free Savings Account") to consider in creating you estate plan...

Eulogies

Posted on February 04, 2009
A eulogy is a speech or writing in praise of a person or thing. The word derives from the Greek (gotta love those Greeks) word “eulogia”, meaning “good” and “words”. Although a eulogy can be used for a living person, it normally refers to a funeral oration, given in tribute to a person who has recently died...

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Getting Funds Paid Into Court

Posted on February 03, 2009
The recent Ontario Superior Court of Justice decision of Re Steen Estate addresses the issue of getting funds paid into court pending a determination of ownership. In that case, the deceased left a will that divided her estate equally amongst her three sons...

Mental Health and Capacity

Posted on February 02, 2009
‘Mental disorders’ (also referred to as ‘psychiatric disorders’) encompass everything from personality disorders (including paranoid disorders, obsessive compulsive disorder and schizophrenia), anxiety disorders, psychosis (including hallucinations and delusions) and mood disorders (including depressive disorders and bipolar disorders)...

Budget 2009: Tax Changes Affect Estates

Posted on January 30, 2009
The 2009 federal Budget contains a few items relevant to Estates, particularly with respect to Registered Retirement Savings Plans (“RRSPs”). For a thorough review please see the 343-page document. A Bloc Quebecois amendment to the Budget yesterday evening was defeated; Opposition Party amendments have yet to occur...

Fit for the job?

Posted on January 29, 2009
What does an executor do? The first responsibility is to tend to funeral arrangements and then to gather up all the information relevant to the Estate. This information includes the ownership and value of assets, as well as the nature of all Estate liabilities...

Upcoming 'Health Series' of Blogs

Posted on January 29, 2009
Hull & Hull LLP will be posting a 'health series' on our blog platform starting on Monday February 2nd. The series will run every Monday in the month of February, for a total of four blogs. As a nod to those subscribers who are estates and trusts practitioners, as well as to those subscribers who are clients of the same, the following subjects will be featured: Strokes; an overview Delirium vs...

The Death of a Barrister

Posted on January 28, 2009
The British lawyer and author, John Mortimer, died on January 16, 2009. During his 85 years he produced more than 50 novels, biographies and memoirs. Of course he was best known for the creation of Rumpole of the Bailey. Mr. Mortimer had an active professional life, and by many accounts, an active private life as well...

Shareholders agreements in the context of an estate plan - Hull on Estate and Succession Planning #149

Posted on January 28, 2009
Listen to Shareholders agreements in the context of an estate plan This week on Hull on Estate and Succession Planning, Ian and Suzana discuss what a shareholders agreement is and how that can be an important tool in the context of an estate plan...

An Annuity by Will

Posted on January 27, 2009
Annuities are often employed when an individual plans his or her estate. We have covered different aspects of annuities on past blogs on Hull on Estates. A testator, for example, may choose to have one child’s portion of the future estate placed into an annuity that will create a flow of money over time...

Compensation paid to guardians of property - Episode #147

Posted on January 27, 2009
Listen to Compensation paid to guardians of property This week on Hull and Estates Jonathan Morse and Christopher Graham discuss the topic of guardianship and particularly the compensation that would be paid to the guardians of property. They look at legislation, case law and practice notes for guardians and practitioners to keep in mind...

Whose house is it?

Posted on January 26, 2009
This month the Liu children may be closer to keeping their home. The Globe and Mail published an article last month that described the unfolding drama. www.theglobeandmail.com/servlet/story/LAC.20081213.LIU13/TPStory/ In short, in 2005, eighty-three year old Margaret Liu died...

Managing a Move

Posted on January 26, 2009
My mother used to volunteer with Goodwill, where one of the projects was a contents sale. A team from Goodwill would organize a home’s contents for sale – I have a frying pan purchased from one of those sales. Several organizations exist to assist with different aspects of the moving process...

In an Intestacy, Who Gets to be Estate Trustee?

Posted on January 23, 2009
The recent decision in Mohammed v. Heera involved a dispute over who had the right to be appointed as the estate trustee of the Deceased’s estate. The Deceased died intestate and was survived by adult children, a minor grandchild, and an individual who the court determined to be the Deceased’s conjugal partner...

Spousal Support in Common Law Relationships, Quebec Style

Posted on January 22, 2009
I came across a recent article in the Globe and Mail detailing a fight in Quebec between a common law couple over spousal support. The case involves a woman who is seeking alimony from her (former) common law partner. The article does not mention how long the couple was together (and Quebec privacy laws prevent their names from being mentioned); however, the relationship was sufficiently longstanding that they had three children together...

Fundamental business concepts that impact estate planning - Hull on Estate and Succession Planning #148

Posted on January 22, 2009
Listen to Fundamental business concepts that impact estate planning This week on Hull on Estate and Succession Planning, Ian and Suzana discuss some of the fundamental business concepts that impact estate planning. They also talk about the need to disclose and why that is important, using the illustration of the use of shareholders agreements...

Belvedere v. Brittain Estate: Court of Appeal Denies Constructive Trust Claim

Posted on January 21, 2009
In November 2007, David Smith and I podcasted on the Ontario Superior Court of Justice’s decision in Belvedere v. Brittain, a case involving a constructive trust claim against an estate by a Deceased’s common law spouse. At the time of the podcast, the decision was under appeal and I notice that earlier this month the Ontario Court of Appeal released its decision...

Short-circuiting the frivolous will challenge - Episode #146

Posted on January 20, 2009
Listen to Short-circuiting the frivolous will challenge This week on Hull on Estates Natalia Angelini and Craig Vander Zee discuss the frivoulous will challenge from the perspective of how you might short-circuit it. Feel free to send us an email at hull...

Dispute Over Mountie's Remains Comes to an End

Posted on January 20, 2009
The fight over the burial of a slain RCMP officer has finally come to an end. In May, and again in June, I blogged about the dispute over the remains of Leo Johnston, an RCMP officer who was slain along with three other officers in 2005. Following his death, Mr...

Damned lies?

Posted on January 19, 2009
There are three kinds of lies: lies, damned lies, and statistics. – Benjamin Disraeli, British Politician, (1804-1881) Have you ever been completely overwhelmed while reading the morning paper? 1 in 6 American men will be diagnosed with prostate cancer during his lifetime (American Cancer Society, October 2008)...

The Name is Bond ... Administration Bond

Posted on January 16, 2009
In many estates, the estate trustee seeks to dispense with the normal requirement of posting an administration bond, if one is in fact necessary. (A bond is usually required where a person dies intestate, where the will does not name an estate trustee, where the will names a foreign estate trustee, or where the application is by a succeeding estate trustee where the will does not name a successor...

Handwritten Alterations to a Formal Will

Posted on January 15, 2009
Amending or altering a formal, attested will can be a difficult task. Such amendments may not be accepted by the Court, despite what may be the clear intentions of the testator. The recent Ontario decision of CIBC Trust Corp. v. Horn is illustrative of the principles involved...

LAST CALL: BREAKFAST SERIES SEMINAR - THURSDAY JANUARY 15, 2009

Posted on January 14, 2009
This is our final reminder to register for our Breakfast Series presentation scheduled for Thursday January 15, 2009 from 8:30 am to 9:30 am. The presentation is followed by an “Estates Roundtable” discussion from 9:30 am to 10:15 am...

A Pound of Flesh?

Posted on January 13, 2009
Shocking news out of Garden City, New York last week. It is one of those incredible stories you hear that will either have you rolling on the floor clutching your gut to stave off the laughing-induced cramps, or shaking your head in disbelief at the state of the world today...

The decision of Frye vs. Frye - Episode #145

Posted on January 13, 2009
Listen to The decision of Frye vs. Frye This week on Hull on Estates Ian Hull and Suzana Popovic-Montag look at the decision of Frye vs. Frye, a case that was released in September 2008. It is an important case from a litigation standpoint as well as a state planning standpoint...

The Choice of a Personal Representative - Hull on Estate and Succession Planning #147

Posted on January 13, 2009
Listen to The Choice of a Personal Representative This week on Hull on Estate and Succession Planning, Ian and Suzana look in more detail at choosing a personal representative and how to minimize tension when doing this. If you have any comments, send us an email at hullandhull@gmail...

The Choice of Personal Representative - Hull on Estate and Succession Planning #147

Posted on January 13, 2009
Listen to The Choice of Personal Representative This week on Hull on Estate and Succession Planning, Ian and Suzana look in more detail at choosing a personal representative and how to minimize tension when doing this. If you have any comments, send us an email at hullandhull@gmail...

DEATH, TAXES, AND WINNING THE LOTTERY

Posted on January 11, 2009
Two certainties and a long-shot. The Toronto Star reported on January 4, 2009 that on the day Donald Peters died, he unknowingly provided financial security for his wife of 59 years, and for their family. Peters bought two Connecticut Lottery tickets on November 1, 2008...

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