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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

Step 5: Execution Requirements

Posted on December 05, 2008
You've finalized your draft Will. Everything appears to be in order - you just need to "sign it up". You ask your lawyer if he or she can just send you the Will so that you can have it witnessed at home. This seems to be straightforward enough - what can possibly go wrong? Centuries of litigation attest to the fact that things can - and do - go wrong when a will is not validly executed...

Step 4: Powers of Attorney

Posted on December 04, 2008
So, you now have your Will underway and your lawyer suggests that you also prepare documents for while you're still "above the ground", i.e. powers of attorney. The law relating to the delegation of decision making power in Ontario is governed by the Substitute Decisions Act, 1992, S...

Step 3: "On Second Thought..." - Codicils

Posted on December 03, 2008
A quick aside before I consider the effect of making changes to your Will (referred to as a Codicil) or altering your Will, which is Step 3 of my estate planning discussion. Cable magnate Ted Rogers has passed away at the age of 75 (watch a video link here)...

The Benefits of the Family Meeting - Hull on Estate and Succession Planning #141

Posted on December 03, 2008
Listen to The Benefits of the Family Meeting This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about the benefits of holding a family meeting to discuss estate matters while the testator is still alive...

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Step 2: Your Will

Posted on December 02, 2008
If you tuned in yesterday to our blog, you noticed that this entire week is devoted to a discussion of a "5-Step Estate Plan". Today I will be considering your last Will and Testament - commonly described as the foundation of any estate plan...

Rose v. Rose - Hull on Estates #139

Posted on December 02, 2008
Listen to Rose v. Rose This week on Hull on Estates, Rodney Hull and Jonathan Morse discuss the case of Rose v. Rose [which can be found at 24ETR(3D)217 or 81OR(3D)349]. The case is valuable and instructive as it raises questions about rectification, rescission and removal of the trustees...

The 5 Step Estate Plan

Posted on December 01, 2008
For something a little different on the blogging front, this week I will be providing a 5 part guide to developing your estate plan. Today's blog will canvas preliminary issues to consider when creating (or revisiting) your estate plan...

KRISTALLNACHT - 70 years later

Posted on November 28, 2008
Retired professor Fred Westfield was 12 years old when he last saw his uncle, Walter Westfeld, a renowned art collector. Two days later came Kristallnacht, or the Night of Broken Glass, on November 9, 1938. Kristallnacht was a coordinated attack on Jewish people and their property during which nearly 30,000 Jews were arrested and deported to concentration camps...

Further Musings on s.35.1 of the S.D.A.

Posted on November 27, 2008
On Tuesday of this week, I blogged on s.35.1 of the Substitute Decisions Act. This section of the Act provides that a guardian of property for an incapable person has an obligation to preserve property that is subject to a specific legacy in the incapable person's Will unless that property must be used to fund the needs of the incapable person...

The Slippery Edge of the Slope

Posted on November 26, 2008
As a former manager at an assisted living facility, I was often (too often) witness to the devastating aftermath of falls in the elderly. As an administrator, the direct effects of a fall are obvious and measurable. According to the Centers for Disease Control and Prevention, over 1...

The Concept of Ethical Wills - Hull on Estates #138

Posted on November 25, 2008
Listen to The Concept of Ethical Wills This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss innovative techniques that add value to doing a will and powers of attorney. Specifically they discuss the concept of ethical wills and how they are different from a traditional will...

One Nexus of Capacity Litigation and Estate Litigation

Posted on November 25, 2008
Section 35 of the Substitute Decisions Act ("Act") states that "a guardian of property shall not dispose of property that the guardian knows is subject to a specific testamentary gift in the incapable person's will." And under s 33...

Direct and Indirect Approaches to Estate Planning - Part 1

Posted on November 25, 2008
Listen to Direct and Indirect Approaches to Estate Planning - Part 1 This week on Hull on Estate and Succession Planning, Ian and Suzana start a discussion on their global philosophy toward the estate planning process. There are direct and indirect approaches to capacity and estate planning and in this episode, Ian and Suzana explore these approaches as they pertain to the choice of attorney...

After JFK: The Transfer of Power

Posted on November 24, 2008
Exactly two hours and eight minutes after then-President John F. Kennedy was shot two cars ahead of him in a motorcade in Dealey Plaza, and exactly ninety-eight minutes after Kennedy was declared dead, Lyndon B. Johnson was sworn in as President aboard Air Force One...

11TH ANNUAL ESTATES AND TRUSTS SUMMIT

Posted on November 21, 2008
The 11th Annual Estates and Trusts Summit was held in Toronto on November 19 and 20, 2008. This excellent program featured a number of experienced practitioners speaking on a broad array of estates and trusts topics. Topics (and speakers) included: Family Law Update (Karon Bales) Shareholder Issues – The Family Business in Succession Planning (Frank Archibald) Dealing with Insolvent and Bankrupt Estates (Barry Corbin and Robert Klotz) The Non-Resident Factor in Estate Planning (Mary Anne Bueschkens and M...

CHALLENGING A WILL: AN ILLUSTRATION Part IV

Posted on November 20, 2008
Today is the final instalment of my discussion of Hix v. Ewachniuk Estate, 2008 CarswellBC 1300 (Hinkson J.). After dismissing the will challenge on the basis of due execution, testamentary capacity and knowledge and approval, the court turned to the issue of undue influence...

CHALLENGING A WILL: AN ILLUSTRATION Part III

Posted on November 19, 2008
Yesterday, I discussed Hix v. Ewachniuk Estate, 2008 CarswellBC 1300 (Hinkson J.), and the finding of the judge that suspicious circumstances existed, placing the onus back on the propounder to prove testamentary capacity and knowledge and approval. As to testamentary capacity, the court referred to the oft – quoted decision of Banks v...

Will Challenge wrap-up and Power of Attorney Litigation- Hull on Estate and Succession Planning #139

Posted on November 18, 2008
This week on Hull on Estate and Succession Planning, Ian and Suzana give a final comment on Will Challenge litigation and speak about their topic at the Canadian Conference on Elder Law in Vancouver; Power of Attorney Litigation. If you have any comments, send us an email at hullandhull@gmail...

Offers to Settle in the Context of a Will Challenge - Hull on Estates #137

Posted on November 18, 2008
Listen to Offers to Settle in the Context of a Will Challenge This week on Hull on Estates, Craig Vander Zee and Bianca La Neve talk about offers to settle in the context of a will challenge. They explain the difference between a will challenge and civil litigation and discuss several examples of will challenge cases...

CHALLENGING A WILL: AN ILLUSTRATION Part II

Posted on November 18, 2008
Yesterday, I introduced the will challenge decision of Hix v. Ewachniuk Estate, 2008 CarswellBC 1300 (Hinkson J.). After disposing of the issue of due execution, the court turned to the doctrine of “suspicious circumstances”. The court referred to these Supreme Court of Canada decision of Vout v...

CHALLENGING A WILL: AN ILLUSTRATION Part I

Posted on November 16, 2008
A recent case out of the British Colombia Supreme Court provides an excellent illustration and discussion of various grounds upon which a will can be challenged. In Hix v. Ewachniuk Estate, 2008 CarswellBC 1300 (Hinkson J.), the deceased was survived by a son and two daughters...

Waiving the deposit requirement under the Estate Administration Tax Act, 1998

Posted on November 14, 2008
Section 3 of the Estate Administration Tax Act, 1998, requires an applicant for a Certificate of Appointment of Estate Trustee to make a deposit in an amount equal to the tax that will become payable under the Act. There is an exemption in subsection 4(2) of the Act, which grants a judge discretion to allow the "estate certificate" (as defined by the Act) where the judge is satisfied: (a) that the estate certificate is urgently required; (b) that financial hardship would result from not issuing the estate certificate before the deposit is made; and (c) that sufficient security for the payment of the tax under this Act has been furnished to the court...

A Day in the Life of an Income Trust Deconverter

Posted on November 13, 2008
Regardless of the wisdom of the federal government's fateful decision to tax income trusts, its impact on the trust sector has been profound. Retail investors, corporate managers, lawyers and accountants, government tax departments: all are affected by this policy decision...

Trust Law and Zebra Mussels

Posted on November 12, 2008
In the wee hours of Saturday night, on my umpteenth flight back from Asia this year, I couldn't help but ponder two things. First, the recent collapse of the U.S./global financial system and greater economy compares poorly to what I have witnessed in Asia for years now...

The Family Law Act and division of property problems- Hull on Estates #136

Posted on November 11, 2008
Listen to The Family Law Act and division of property problems This week on Hull on Estates, Diane Vieira and Rick Bickhram talk about the Family Law Act and division of property problems. They discuss determining net family property, quantifying the assets of the deceased and making an equalization claim...

Will Challenge Litigation - Part 13 - Hull on Estate and Succession Planning #138

Posted on November 11, 2008
Listen to Will Challenge Litigation - Part 13 [Audio Version Currently Not Available] This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the five factors the court looks at when challenging a will...

Multiple Wills Can Mean Multiple Certificates of Appointment

Posted on November 11, 2008
Primary and secondary wills are common enough situations for estates practitioners: one will for probate and the other for assets that can pass outside probate, to minimize estates administration taxes. But what about situations with multiple wills requiring probate? According to the October 8, 2008 endorsement of Mr...

The House Owner, Her Contractor, The Stasher and His 21 Descendants

Posted on November 10, 2008
Eighty years ago, at the height of the Great Depression, a wealthy Ohio businessman hid $182,000 in minted $50 bills in a wall in his house. There it hung peacefully by a wire in a green metal lockbox, disturbed only by inflation...

Pirates of the Plains

Posted on November 07, 2008
George Webster appealed to the Ontario Court of Appeal from a summary judgment partially dismissing his claim for damages against the estate of Ken Thomson. Webster v. Thomson, 2008 ONCA 730. At issue was a painting by the American artist, Charles Russell, "Pirates of the Plains", which had been in the Webster family since 1931...

Will Challenge Litigation - Part 12 - Hull on Estate and Succession Planning #137

Posted on November 07, 2008
Listen to Will Challenge Litigation - Part 12 This week on Hull on Estate and Succession Planning, Ian and Suzana clarify the distinction between claims of resulting trust and claims of constructive trust. &lt;!-- /* Font Definitions */ @font-face {font-family:&quot;Cambria Math&quot;; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:1; mso-generic-font-family:roman; mso-font-format:other; mso-font-pitch:variable; mso-font-signature:0 0 0 0 0 0;} @font-face {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4; mso-font-charset:0; mso-generic-font-family:swiss; mso-font-pitch:variable; mso-font-signature:-1610611985 1073750139 0 0 159 0;} /* Style Definitions */ p...

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