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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

Investment Account Issues and Considerations

Posted on July 08, 2008
Listen to Investment Account Issues and ConsiderationsThis week on Hull on Estate and Succession Planning, Ian and Suzana talk about how good trustees deal with accounting issues in volatile markets and other investment considerations. Comments? Send us an email at hullandhull@gmail...

Real Estate Transactions Involving Powers of Attorney

Posted on July 07, 2008
In order to attempt to combat what is felt to be a growing problem of real estate fraud, the Ontario government has put new registration requirements in place when a real estate document is being registered.The requirements call for the making of certain “law statements” by an individual registering a real estate document (transfer or mortgage) under the authority of a power of attorney...

Declarations of Death Act - Hull on Estates Podcast #118

Posted on July 07, 2008
Listen to Declarations of Death Act This week on Hull on Estates, Sean Graham and Rick Bickhram talk about the Declarations of Death Act. They discuss what happens when a person goes missing from a jurisdiction and some possible remedies. Comments? Send us an email at hull...

Will the Great Wealth Transfer Be Not So Great?

Posted on July 04, 2008
Estate practitioners are fond of discussing the “unprecedented transfer of wealth” that is set to occur over the next few decades. The idea is that as the asset-rich baby boomers age and pass away, the number of estates being distributed (and the size of the estates) will be at a level never before seen...

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Is a Billionaire's Estate Going to the Dogs?

Posted on July 03, 2008
Leona Helmsley, the deceased billionaire hotelier who, in her will, left her dog Trouble a $12 million trust, is back in the news. Also in her will, Ms. Helmsley directed that the bulk of her estate (estimated to be worth somewhere between $5 billion - $8 billion) be put into a charitable trust...

Man at Centre of Life Support Dispute Dies

Posted on July 02, 2008
Samuel Golubchuk, the critically-ill 84 year old Orthodox Jew, who was at the centre of a fight over whether to remove him from life support, died last week. Justin de Vries first blogged on the case in January and I wrote a follow up blog in February of this year...

Delegation in Investment Accounts - Hull on Estate and Succession Planning Podcast #119

Posted on July 01, 2008
Listen to Delegation in Investment AccountsThis week on Hull on Estate and Succession Planning, Ian and Suzana discuss delegation issues that arise when dealing with Investment Accounts and address a listeners question about the family cottage. Comments? Send us an email at hullandhull@gmail...

Dependent Relief and the Succession Law Reform Act - Hull on Estates #117

Posted on July 01, 2008
Listen to dependent relief. This week on Hull on Estates, Natalia Angelini and Craig Vander-Zee discuss dependent relief and reference a variety of cases that utilized the Succession Law Reform Act. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Man at the Centre of Life Support Dispute Dies

Posted on July 01, 2008
Samuel Golubchuk, the critically-ill 84 year old Orthodox Jew, who was at the centre of a fight over whether to remove him from life support, died last week. Justin de Vries first blogged on the case in January and I wrote a follow up blog in February of this year...

M�tis Group Weighs in on Burial Dispute

Posted on June 30, 2008
In May, I wrote a blog about a battle between the wife of a dead RCMP officer and his mother over the burial place of his remains. The wife learned about a policy allowing an officer to be buried in the RCMP national cemetery and applied to the Director of Vital Statistics for permission to move the deceased’s body from its current place of burial (near his hometown) to the RCMP national cemetery in Saskatchewan...

Planners for Pets

Posted on June 27, 2008
I recall a good deal of discussion when Leona Helmsley left millions to be held in trust in her Will last year, some of it on the Hull & Hull blogs and podcasts.Well, the website for Estate Planning for Pets provides some interesting reading in this vein, although the kind of trust established by Ms...

Mental Illness - Crisis?

Posted on June 26, 2008
There is no question that mental illness for the afflicted and families can be devastating. The Globe and Mail helps to address the national scale of these illnesses in its recent excellent series entitled “Breakdown: Canada’s Mental Health Crisis”...

Same Person, Different Interests

Posted on June 25, 2008
A person with more than one set of distinct interests or roles in the same estate may have a conflict of interest. This can create all sorts of problems and issues in an estate administration and is a driving concept in much estate litigation.Say Joe Smith is the executor of an estate but also received gifts from his mother the testator during her lifetime...

Compensation for Work Done by Estate Trustees and Solicitors - Hull on Estates #116

Posted on June 24, 2008
Listen to Compensation for work done by estate trustees and solicitors.This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss compensation for work done by estate trustees and estate solicitors. Comments? Send us an email at hull.lawyers@gmail...

The Investment Accounts - Hull on Estates and Succession Planning Podcast #118

Posted on June 24, 2008
Listen to The Investment Accounts.This week on Hull on Estates and Succession Planning, Ian and Suzana conduct a quick lesson on capital encroachment and discuss the role of investment accounts in the passing of accounts. Comments? Send us an email at hullandhull@gmail...

Tech Toys

Posted on June 24, 2008
Being somewhat of a late convert to the idea of taking advantage of the myriad of small-scale technological devices invading the business and legal milieus, I get to enjoy innovations long after other people have become blasé.The ability to work from home through gotomypc is, I think, my favourite...

Summer Days

Posted on June 23, 2008
Ah, summer is upon us, and not a moment too soon. After what seemed like the longest Spring I can remember, we finally had our first genuine summer weekend.School’s one week from being OVER, and kids are so eager they can taste the two full months of freedom headed their way...

Polygamy and Estate Planning

Posted on June 20, 2008
Estate planning and litigation professionals are still mulling over how the legalization of same-sex marriage will affect their practices. Even more complex developments may be in the offing. An allegedly polygamist community in British Columbia and increased concerns about the possibility of polygamy elsewhere in all but name in other regions of the country raise any number of issues, not only of policy, but also estate planning...

Double Legacies - A Trap to Avoid

Posted on June 20, 2008
Spouses commonly execute virtually identical Wills, called “mutual wills”, on the assumption that each will give the same gifts on death out of the same “family” pool of property. Oftentimes the residue of the estate of the first spouse to die is left to the surviving spouse, as long as he or she lives at least 30 days after the death...

Mediation Revisited

Posted on June 18, 2008
Mediation continues to be all the rage in Estate litigation in Toronto matters, and is increasingly common outside Toronto as well. (For background on Mediation in general, see here.)Mediation no doubt sounds very conciliatory and cooperative, and in an ideal world it might be...

The Capital Account - Hull on Estate and Succession Planning #117

Posted on June 17, 2008
Listen to The Capital Account This week on Hull on Estate and Succession Planning, Ian and Suzanna talk about taking capital out of an account and what to consider along the way. Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Becoming an Executor after Death - Hull on Estates #115

Posted on June 17, 2008
Listen to becoming an executor after death. This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag, discuss becoming an executor after death and three issues that must be addressed immediately. Comments? Send us an email at hull.lawyers@gmail...

Burns Estate v. Mellon

Posted on June 17, 2008
Yesterday I talked about Section 13 of the Evidence Act (Ontario), which mandates that before someone can bring a claim by or on behalf of an Estate, he or she must have some corroborative evidence. The standard of evidence required was dealt with by the Ontario Court of Appeal in Burns Estate v...

Claims By or Against Estates

Posted on June 16, 2008
Lawsuits by and against estates often lead to arguments that there is no evidence to support the allegations. It seems to me this is part and parcel of the inherent difficulty in such lawsuits caused by the fact that one of if not the most important witnesses – the deceased - is unavailable...

Beyond Cummings: Simpson v. Leardi

Posted on June 13, 2008
Today’s blog is the third in my series this week on cases in the post Cummings v. Cummings era. Today’s case is Simpson v. Leardi, [2005] O.J. No. 4282 (Ont. S.C.J.). In Simpson, the deceased had left a substantial estate. The plaintiff had brought an Application pursuant to the Succession Law Reform Act seeking support in the amount of $3,750 per month...

Same-Sex Marriages and their Impact on Estate Law and Administration - Hull on Estates #114

Posted on June 12, 2008
Listen to Same-Sex Marriages and their Impact on Estate Law and Administration. This week on Hull and Estates, Rick Bickhram and David Smith discuss how changes in the definition of marriage have impacted Estate Law and Estate Administration. Comments? Send us an email at hull...

Beyond Cummings: Reid v. Reid

Posted on June 12, 2008
In yesterday’s blog I noted that in today’s blog I would mention another dependant support case decided in the post Cummings v. Cummings era. In Reid v. Reid, [2005] O.J. No. 2359 (Ont. S.C.J.), [2008] O.J. No. 826 (Ont. Div. Ct.), the deceased was survived by her son, her daughter and her daughter’s two children (the deceased’s grandchildren)...

Beyond Cummings

Posted on June 11, 2008
The Succession Law Reform Act (“SLRA”) governs the rights of beneficiaries to receive support and other benefits on death.In Cummings v. Cummings, [2003] 5 E.T.R (3d) 81 (Ont. S.C.J.); affirmed [2004] 69 O.R. (3d) 398 (Ont. C.A.), Ontario’s Court of Appeal held that when examining all of the circumstances of an Application for Dependant’s Relief under the SLRA, the Court is entitled to take into account not only the needs of the dependants but the moral obligation of the deceased to those dependants...

Dealing with Estate Planning - Hull on Estates and Succession Planning Podcast #116

Posted on June 10, 2008
Listen to Dealing with Estate Planning This week on Hull on Estate and Succession Planning, Ian and Suzanna discuss dealing with estate planning and encouraging everyone to draw up a will. Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

OBA Trusts and Estates Section Executive

Posted on June 10, 2008
In yesterday’s blog, I mentioned that the election of the Ontario Bar Association (OBA), Trusts and Estates Section Executive for the year 2008-2009 was confirmed at the Sections’ year end dinner on May 27, 2008. Kimberly Whaley is the incoming Chair of the Executive with Suzana Popovic-Montag as Vice-Chair...

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