Estate Planning

Life was Easier Before the Digital Era...

Posted on April 01, 2011
In the days prior to the evolution of the Internet, planning and administering an estate was relatively simple as the physical belongings of the deceased could be carefully sorted through, packaged, and divided according to the Deceased's testamentary document or the applicable legislation...

Lapse and Anti-Lapse

Posted on March 31, 2011
I regularly tutor students who are preparing to write the Estate and Trust section of the Solicitor's exam for the Law Society. One of the more common questions that my students ask is for help in explaining two concepts: 'anti-lapse provision'. The common definition of a lapsed gift, is a gift that has failed because it is incapable of taking effect...

Appointing an Estate Trustee During Litigation

Posted on March 30, 2011
In a recent court decision, the Honourable Justice Stinson considered a motion from competing family members for the appointment of an estate trustee during litigation. In Buswa v. Canzoneri, the Deceased died without a Will on September 29, 2010. The Deceased did not have a spouse and was survived by seven siblings, and two children...

Reality Television Meets Estates

Posted on March 29, 2011
Reality Television has now embraced the world of estates.  "Heir Hunters" is a production of the BBC that tracks the efforts of probate researchers to track down missing heirs. The closest Canadian  parallel I can think of is Manhunter but the plot lines are obviously different:  For example, the episodes include searches "for relatives of Red Cross nurse and hairdresser Ivy Hudson, who died at the ripe old age of 103" and " the heirs of Vera Humphrey, who was given up for adoption as a child, and Arthur Comaskey, who died alone in Essex...

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PLANNING ON WHAT TO DO WITH AN INHERITANCE IS IMPORTANT

Posted on March 28, 2011
Within the next twenty years, Canada's baby boomers are in line to inherit a substantial fortune, which will represent the largest transfer of wealth from one generation to the next. In an article written by Jennifer Power Scott and published in Canadian Living, Ms...

10 Things You Really Need to Know to Practise Law - Hull on Estates # 244

Posted on March 28, 2011
Listen: 10 Things You Really Need to Know to Practise Law This week on Hull on Estates Sharon Davis and Natalia Angelini discuss a recent article in Canadian Lawyer Magazine 4 Students "10 Things You Really Need to Know to Practise Law" ...

Family Law/Trusts and Estates Event for Lucy McSweeney

Posted on March 25, 2011
On March 30, 2011, the Family Law Section and Trusts and Estates Section of the Ontario Bar Association are holding a joint event to meet the Province's new Children's Lawyer, Ms. Lucy McSweeney. Ms. McSweeney was appointed to the position of Children's Lawyer for Ontario on September 18, 2010...

The Contested Passing of Accounts (Continued)

Posted on March 23, 2011
Today's blog is a continuation of my blogs this week addressing some aspects of preparation for a trial/hearing in a contested passing of accounts. I briefly touch upon transcripts, the Request to Admit and Witnesses today. It is important in preparing for trial to review the transcripts of the examinations conducted to assist counsel with locating evidence in the transcripts during trial, including admissions and/or inconsistent statements made by a witness at trial, to address the completeness of questions on the examinations, and whether additional discovery is needed before trial...

The Contested Passing of Accounts

Posted on March 22, 2011
My blogs over the next three days will touch upon certain aspects of preparation for the hearing of a contested passing of accounts. Today's blog will relate to the parties, the scheduling of the hearing, and the preparation of documents/productions for trial...

Interpretation of Wills - Hull on Estates # 243

Posted on March 22, 2011
Listen to: Interpretation of Wills This week on Hull on Estates, Paul Trudelle and Sarah Halsted discuss the Estate of W. J. Halliday, 2011.  Specifically, they examine how it pertains to the Interpretation of Wills. If you have any questions or comments, send us an email at hull...

2011 OBA Trusts and Estates Section Year End Dinner

Posted on March 21, 2011
The Ontario Bar Association (OBA), Trusts and Estates Section, year end dinner is taking place on May 31, 2011 in the Distillery District in Toronto.    I, as the Chair of the Section, will have the pleasure of bringing this year to a close...

True Wealth - What's Your Number?

Posted on March 18, 2011
Three bakers won the Lotto Max $50 million dollar prize this week, they plan to stop working and enjoy their retirement (as reported by the Toronto Star here). It seems that winning approximately $16.6 million dollars each has allowed them to consider themselves wealthy...

Live Fast, Die Young and Leave a Good-Looking Corpse....Or how not to do any of that.

Posted on March 17, 2011
My grandma recently celebrated her 91st birthday. I have on a few occasions asked her what keeps her ‘young'; the answers vary depending on the day. If someone was to ask me what her secret is, I would probably tell you that having lived through World War II, immigration and the difficulties of starting a new life in a country where you don't speak the language, you learn to take life as it comes, and to stop stressing about the things you can't change...

Estate Planning: A Necessity for Us All

Posted on March 16, 2011
In the early fall of last year I blogged on the death of Tony Curtis. Recently, Curtis' estate has again been the subject of many blogs, newspaper articles and even television shows. It has been reported that Curtis left a Will which named his wife, Jill Vandenberg Curtis, as the sole beneficiary...

Japan Earthquake and Tsunami: The World Bands Together

Posted on March 15, 2011
  If you are anything like me, a window on your computer was set aside on Friday to CNN to follow the aftermath of the Earthquake in Japan. Watching the near constantly updated clips of the horror leaving no part of the country untouched, seeing the ocean turn into a whirlpool, knowing that reports are stating that 10,000 are feared dead and hearing that the search and rescue efforts are now well underway all remind me of how precarious life can be...

Removing Estate Trustees - Hull on Estates # 242

Posted on March 15, 2011
Listen to: Removing Estate Trustees This week on Hull on Estates, David M. Smith and Nadia Harasymowycz discuss the removal of an Estate Trustee.  Specifically, they refer to the case Johnston v. Lanka. If you have any comments, send us an email at hull...

What We Have Here Is A Failure To Communicate

Posted on March 14, 2011
It was April 2000 and then-mayor of New York Rudy Giuliani was at his desk when he got the call. The voice on the other end of the phone was that of his urologist, who was about to deliver the results of Giuliani's recent biopsy for prostate cancer: 'The tests came back and they were positive'...

Planes, Trains, Remains

Posted on March 11, 2011
  In estate litigation, it is not uncommon to deal with issues regarding human remains. People may be fighting over remains, a person's remains may need to be transported, and so on. In the Canadian film 'Highway 61', a Canadian barber/would be jazz musician finds a frozen corpse in his backyard, and agrees to accompany a roadie who claims the dead man as her brother to the United States...

How Not To Help Your Parents Plan For Death

Posted on March 10, 2011
Just last week, my parents attended a seminar at a local funeral home to assist them in planning for death. They came home all abuzz about such terms as 'spousal trusts' and 'mirror wills'. Helping your parents plan for death is a very complex enterprise...

A Release Does Not Necessarily Constitute a Waiver of Claims to Pensions

Posted on March 09, 2011
In King v. King, an ex-husband brought an application for a declaration that his former wife waived her entitlement to his survivor's pension by way of a separation agreement that contained a release by the wife of any claim or interest in the pension...

Paper Reduction in the Law Office - Hull on Estates # 241

Posted on March 09, 2011
Listen: Paper Reduction in the Law Office This week on Hull on Estates, Paul Trudelle and Rick Bickhram discuss a recent audio webcast titled "Scanning and Paper Reduction in the Law Office 101."  Specifically, they touch on how a law office can make the transition to becoming a paperless office...

Before You Accuse Me

Posted on March 08, 2011
The Estate of Bo Diddley, the Rock and Roll Hall of Fame rhythm and blues musician, who influenced acts such as The Rolling Stones, The Clash, and Eric Clapton, is currently the subject of a will challenge. Diddley's attorney and his agent/managers are administering his estate, the assets of which include his music rights and his likeness...

HELPING YOU STAY CONNECTED

Posted on March 07, 2011
One can't deny that social media has changed the way we interact with one another. To better embrace this new way of social interaction, we've been working hard at Hull & Hull LLP to help you stay connected to us by creating several media options to empower you with legal and practical knowledge on estate matters...

Charity Begins at Home

Posted on March 04, 2011
  I recently bought a book titled 'The Power of Half'.  It is the story of one family's decision to stop taking and start giving back. The adventure started when 14-year-old Hannah Salwen spotted a homeless man in her neighbourhood and at the very same time an expensive Mercedes car pulled up beside them...

Re D'Angelo Estate

Posted on March 03, 2011
  I don't know about you, but I love it when the courts consider novel ideas as a practical solution to a legal problem. That is why the decision of Re D'Angelo Estate, 2010 ONSC 7244 (CanLII) caught my attention. In D'Angelo Estate, Faust D'Angelo, deceased, resided in St...

Elder Abuse

Posted on March 02, 2011
  I was appalled at the recent report in the news of a 68-year-old woman found unconscious in a cold garage, where she had been forced to live since last November. The woman was taken to the hospital in life-threatening condition and was treated for frostbite...

The Secret to Success

Posted on March 01, 2011
Law, like any coin, or the law of nature itself, has two sides that are equal and opposing forces: The drive to be to be a noble profession and a successful business. Another simple truth is that opposites attract and, when co-existing in proper harmony, form an unstoppable and impenetrable force...

10 tips: lawyer-client communication - Hull on Estates #240

Posted on March 01, 2011
Listen to: 10 tips: lawyer-client communication This week on Hull on Estates and Succession Planning, Paul Trudelle and Sharon Davis give insight into 10 tips for successful lawyer-client communication.  If you have any comments, send us an email at hull...

Law - A Profession or a Business?

Posted on February 28, 2011
There is a big difference between a profession and a business – or is there? Traditionally, lawyers have been taught to believe that law is a profession, not a business. The majority of us do what we do (partly or only) because we want to help people, to make a difference...

Keys to Longevity

Posted on February 25, 2011
As I sit here thinking about what junk food I'm going to indulge in today, Fat Friday, I fully realize that it is probably not the greatest idea. On top of the obvious reality that I will be feeding both of my longstanding sugar and salt addictions, I can appreciate that making this a habit will likely not help extend my life-expectancy...

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