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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

The Perfect Storm?

Posted on March 10, 2008
It's About the House's Current Market Value, Stupid.One of the first steps in any estates litigation matter is valuing the estate assets. Most assets are easy to value: RIFs, bank account, etc. But for many estates, the major asset is house...

Macabre gap in New Zealand law?

Posted on March 07, 2008
"It's unacceptable to the average person that you can just turn up with a bunch of heavies and steal the coffin."Coen brothers? Nope. No, not Tim Burton either. In fact, this is a statement put forth by an MP in New Zealand after the third case of body snatching in less than a year...

To burn or not to burn?

Posted on March 06, 2008
Yesterday, we read about Franz Kafka's unfulfilled wishes with respect to his manuscripts, both published and unpublished, at the time of his death in 1924. Flash forward eight decades or so. Dmitri Nabokov, the 73 yr old sole surviving heir of Vladimir Nabokov, continues his 30-yr struggle with his father's deathbed request that his last unpublished work, The Original of Laura, be destroyed...

Stop the Presses?

Posted on March 05, 2008
The meaning of life is that it stops. --- Franz KafkaIf you are familiar with Kafka and his short literary works, you will know that he was a tortured literary genius who was unsure of his own talent to the point of torment. In 1924, dying of tuberculosis, Kafka wrote to his friend of 20 years and fellow novelist, Max Brod...

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The Family Focus

Posted on March 04, 2008
By my count, in the relatively short history of our website, our firm's lawyers have blogged on the transfer of wealth by the boomers to their children on six separate occasions. See, for example, this blog and this blog. And our blogs reflect a trend to report on the subject as the dominant sociological issue in the business media...

Assets and Liabilites - Hull on Estate and Succession Planning #102

Posted on March 04, 2008
Listen to Assets and Liabilities This week on Hull on Estate and Succession planning, Ian and Suzana expand on last week's discussion about determining value. They also discuss taking an inventory of an estate's assets and liabilities. Comments? Send us an email at hullandhull@gmail...

Trustees' Rights to Indemnification

Posted on March 04, 2008
Listen to Trustees' Rights to Indemnification. This week on Hull on Estates, Suzana and Ian celebrate the 100th episode of Hull on Estates with the first part of a two episode discussion on a trustee's right to indemnification. Comments? Send us and email at hull...

The Sur(real) estate

Posted on March 03, 2008
The orderly administration of a parent's estate will often revolve around the family home. All too often, the children of the deceased parent will not see eye to eye on the best way to liquidate the home or whether the home should be liquidated at all...

The Case for Health Care Directives

Posted on February 29, 2008
Several recent stories in the news highlight the importance of making sure your estate plan includes a directive for health care in the event you are incapable of making health-related decisions. Diane Sawyer, speaking on a segment for ABC news recently, covered the amazing story of a 65 year old woman who awakens from a coma after suffering a cerebral hemorrhage (watch the video here)...

Bullet-Proofing a Will

Posted on February 28, 2008
What are some of the "red flags" to be wary of in the course of a retainer to prepare a Will? Corina Weigl considered this issue in an article she wrote for the 2007 LSUC Six Minutes Estates Lawyer (find it here) titled "How to Bullet-Proof Your Will"...

Probate and the History of Women's Inheritance Rights

Posted on February 27, 2008
I came across a really interesting blog (find it here) the other day that considered an article published recently by Kristine S. Knaplund (Professor of Law, Pepperdine School of Law), entitled The Evolution of Women’s Rights in Inheritance, 19 Hastings Women’s Law Journal 3 (2008)...

Planning for Organ Donation

Posted on February 26, 2008
A new study (find it here) suggests that even when a testator (and family members) support organ donation, there is no guarantee that these wishes will be carried out when someone dies. Researchers at the University of Southampton in the UK have concluded that relatives are often reluctant to carry out the deceased’s wishes regarding organ donation, due primarily to conflicting feelings over “protecting the body” of the deceased and “making a gift of life”...

A Continuation of Experts in the Context of Estates - Hull on Estates # 99

Posted on February 26, 2008
Listen to A Continuation of Experts in the Context of Estates. This week on Hull on Estates, Craig and Diane continue last week's discussion regarding experts in the context of estates. The conversation touches primarily on choosing the expert and considerations for the report...

Determining Value - Hull on Estate and Succession Planning #101

Posted on February 26, 2008
Listen to Determining Value This week on Hull and Estate and Succession Planning, Ian and Suzana talk about values and appraisals. They specifically look at some of the issues related to assigning value to assets such as jewellery, automobiles, antiques and artwork...

The Annotated Will, LSUC February 21, 2008

Posted on February 25, 2008
I recently attended this CLE program of the LSUC chaired by Laura Kerr, Jennifer Pfuetzner and Corina Weigl. The panel used an annotated Will as a framework to consider drafting tips, and highlighted many significant recent developments.Notable provisions included “Air Miles Designations” (of value if a testator or testatrix has acquired a significant quantum of frequent flyer points), a “Debts, Funeral and Testamentary Expenses” clause which included provision for “reasonable travel expenses” for relatives and/or friends wishing to attend the funeral, and an updated “RESP” clause...

Life Support Dispute Heads to Trial

Posted on February 22, 2008
In January, Justin de Vries wrote a blog about an 84 year old Orthodox Jew who was on life support. He had suffered brain damage from a fall and was unable to walk, talk, breathe, or eat on his own. Doctors said that he had no chance of recovery and wanted to remove him from life support...

Planning Early Can Get You a Discount - At Least if You Live in Montana (and Own a Farm)

Posted on February 21, 2008
I came across an interesting article in The Prairie Star, a Montana-based newspaper, about an incentive being offered to farm and ranch couples, both young and old, who plan their estates early. Montana State University is offering a promotion whereby the first 40 couples who work through an estate planning process will receive $100...

Tax Treatment of RRSPs on an Annuitant's Death

Posted on February 20, 2008
With the deadline for RRSP contributions right around the corner, I thought it would be worthwhile to review the tax treatment of RRSPs on an annuitant’s death. Generally speaking, when an annuitant dies, the fair market value of the RRSP is attributed to the annuitant’s income during his or her final year of life and must be included on the terminal return...

More Litigation Hits James Brown's Estate

Posted on February 19, 2008
James Brown’s estate has been subject to litigation by his grandchildren, his children, people who say they were his children but whose paternity has not been established, three former wives, and a companion who claims she was his fourth wife. Allan Socken discussed this litigation in his blog on January 8, 2008...

Valuations and Appraisals - Hull on Estate and Succession Planning #100

Posted on February 19, 2008
Listen to Valuations and Appraisals Ian celebrates the 100th episode of Hull on Estate and Succession Planning without Suzana. He discusses the question of valuations and appraisals and how these affect estate mediation.Comments? Drop us a line at 206-457-1985 or send us an email at hullandhull@gmail...

Accounting Procedure Available Under the Substitute Decisions Act - Hull on Estates #98

Posted on February 19, 2008
Listen to Accounting Procedure Available Under the Substitution Decisions Act. This week on Hull on Estates, Rick and David discuss procedure under the Substitution Decisions Act and review executor and attorney obligations as well as specific procedures permitting someone to compel an accounting...

Royal Wills: Privacy versus Transparency

Posted on February 15, 2008
Robert Brown claims to be the unacknowledged “love child” of Queen’s Elizabeth’s late sister, Princess Margaret. In his quest to prove his claim, he has sought access to the secret Royal Wills of Princess Margaret and the Queen Mother...

Everything You Ever Wanted to Know About the Supreme Court of Canada

Posted on February 14, 2008
I recently came across Osgoode Hall Law School’s blog site about the Supreme Court of Canada, The Court. Under the supervision of faculty, law student editors write on the upcoming decisions that are scheduled to be heard or have been recently decided by the Supreme Court of Canada...

Estate Administration and Persons Born Outside of Marriage

Posted on February 13, 2008
The Globe and Mail recently interviewed a man living in British Columbia who may be the son of John F. Kennedy. The article made me reflect on the different ways solicitors deal with persons born outside of marriage when drafting a Will. Since March 1978, persons born inside of marriage and outside of marriage are entitled to share equally in an intestacy estate...

Pre-probate Checklist - Hull on Estates #99

Posted on February 12, 2008
Listen to Pre-probate ChecklistThis week on Hull on Estates, Ian and Suzana discuss last week's Ontario Bar Association Conference (featuring Clare Burns and Jordin Atin as speakers). They then wrap up their ongoing discussion about some useful steps to remember when administering an estate...

Elections and Social Networks

Posted on February 12, 2008
Even as Canadians, we cannot help but get caught up in the media frenzy surrounding the U.S. Presidential State Primaries. In the last couple of months, the dominating story has been the campaign between Hillary Clinton and Barack Obama for the Democratic Party nomination...

The Ontario Civil Justice Reform Project - Hull on Estates #97

Posted on February 12, 2008
listen to The Ontario Civil Justice Reform Project This week on Hull on Estates, Chris and Justin discuss the Ontario Civil Justice Reform Project and the steps being taken by Mr. Justice Colter Osbourne and Attorney General Michael Bryant. Comments? Send us an email at hull...

Pre-probate Checklist - Hull on Estate and Succession Planning #99

Charitable Gift Clauses

Posted on February 11, 2008
I am currently attending Osgoode Professional Development’s Fifth Annual Intensive Wills and Estates Workshop which has considered, among other things, common drafting errors and how to avoid them. When it comes to charitable gifts, a solicitor should confirm the information the testator provides to them...

Natural Burial

Posted on February 08, 2008
Environmental consciousness is spreading, and is making its way into the realm of estates.There is a growing movement towards “natural burial” or “eco-cemeteries”, and away from more traditional practices such as a conventional burial or cremation...

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