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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

Obtaining Releases from Beneficiaries

Posted on February 07, 2008
One final note of caution arises from the Rooney (2007), CarswellOnt 6560 decision – a decision of the Ontario Superior Court of Justice that I have referred to in my blogs earlier this week. This caution refers to the release that the Estate Trustee seeks from the beneficiaries...

What is Included in the Duty to Keep Accounts

Posted on February 06, 2008
Yesterday, I referred to the Ontario Superior Court decision of Rooney Estate v. Stewart Estate (2007), CarswellOnt 6560, which addressed the distinction between the role of the Estate Trustee and the role of the estate solicitor.One of the responsibilities of the Estate Trustee is to prepare a set of accounts for the approval of the beneficiaries or the court, as may be required...

Administration and the Role of the Solicitor and the Role of the Estate Trustee

Posted on February 05, 2008
The recent case of Rooney Estate v. Stewart Estate (2007), CarswellOnt 6560 serves to highlight the “distinct but complimentary” roles of the Estate Trustee and the estate solicitor. There, the court noted the responsibilities of each...

The Family Conference - Hull on Estates #96

Posted on February 05, 2008
Listen to The Family Conference This week on Hull on Estates, Natalia and Allan discuss the Family Conference. 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 Estate blog...

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Asset Particulars - Hull on Estate and Succession Planning #98

Posted on February 05, 2008
Listen to Asset ParticularsThis week on Hull on Estate and Succession Planning, Ian and Suzana talk about the importance of keeping track of asset details.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...

Revoking a Family Law Act Election

Posted on February 04, 2008
Does the Court have jurisdiction to set aside a Family Law Act election, or is such an election irrevocable?This question was recently considered in the Ontario Superior Court of Justice decision of Iasenza v. Iasenza Estate 2007 CanLII 23351.As background, Ontario’s Family Law Act (“FLA”) allows a surviving spouse to elect to either receive benefit under the deceased’s will (or on an intestacy if there is no will), or receive an equalization of net family property under the FLA...

A Trustee's Liability For Bad Investments

Posted on February 01, 2008
As we all know, it is not uncommon for any investor to occasionally experience a substantial decrease in the value of one of the stocks in his or her portfolio. But what if the investor is a trustee? In light of the recent amendments to the Trustee Act which appear to embrace the modern portfolio theory, it will be interesting to see how the Court will utilize this theory to assess a trustee's investment performance...

The Modern Portfolio Theory

Posted on January 31, 2008
In my blog yesterday, I introduced the prudent investor rule as the standard of care for trustees when investing assets that are held in a trust. Today, I will address how a trustee’s investment performance may be assessed.Prior to July 1999, trustees were required to make investments pursuant to the “statutory legal list” provided for in the Trustee Act...

Prudent Investing

Posted on January 30, 2008
Not all Wills provide for an outright distribution to the beneficiaries. In some cases, the assets of an estate are held in trust over a period of time for the benefit of one or more beneficiaries, sometimes in succession. When a trustee administers a trust, he or she is entrusted to act for the benefit of others...

Episode 95 - Tips and Traps in Drafting

Posted on January 30, 2008
Listen to Tips and Trips in Drafting. This week on Hull on Estates, Suzana and Ian discuss tips and traps in the drafting of wills.

Tips and Traps in Drafting - Hull on Estates #95

Posted on January 30, 2008
Listen to Tips and Trips in Drafting. This week on Hull on Estates, Suzana and Ian discuss tips and traps in the drafting of wills.Tips and Traps in Drafting - Hull on Estates Podcast #95 Posted on January 30th, 2008 by Hull & Hull LLP Suzana Popovic-Montag: Hi and welcome to Hull on Estates...

Cost Awards

Posted on January 29, 2008
Section 131 of the Courts of Justice Act establishes the authority for the Court to award costs. Section 131 states that the Court has absolute discretion in awarding costs, subject to the provisions of an Act or the rules of court. Before July 2005, the Rules of Civil Procedure provided some sense of certainty to the Court’s broad discretion in awarding costs as the Rules provided a costs grid...

Initial Estate Meetings - Hull on Estate and Succession Planning #97

Posted on January 29, 2008
Listen to Initial Estate MeetingsThis week on Hull on Estate and Succession Planning, Ian and Suzana discuss how important it is to be prepared for an initial meeting with an estate lawyer. They have also been listening to and reading David Maister's new (audio)book Strategy and the Fat Smoker and continue their conversation on The Tipping Point by Malcolm Gladwell...

Application for Opinion, Advice, or Direction vs. Application for Direction

Posted on January 28, 2008
As this is the beginning of the week, I would like to take this opportunity to visit two of the rules from the Rules of Civil Procedure, which are frequently used by estate litigators. Rule 14.05(3)(a) states that "a proceeding may be brought by application where these rules authorize the commencement of a proceeding by application or where the relief claimed is, the opinion, advice or direction of the court on a question affecting the rights of a person in respect of the administration of the estate of a deceased person or the execution of a trust"...

The Merits of Checklists

Posted on January 25, 2008
Checklists are wonderful things when it comes to the practice of law (list makers would argue that that is true in life as well). In today’s busy practice, a checklist can ease the troubled legal mind. I was looking at several estate planning information checklists earlier this week...

Ontario Civil Justice Reform Project

Posted on January 24, 2008
As both litigant and counsel know, the cost of litigation is often prohibitive and institutional delays are not uncommon (there never seems to be enough judges to go around). I therefore took some time to read the long-awaited Report of the Ontario Civil Justice Reform Project, which was released in November 2007...

The Ultimate Decision - Who Has the Right to Decide?

Posted on January 23, 2008
Over the Christmas break, a news story out of Winnipeg captured national headlines. Samuel Golubchuk is 84 years old and on life support in Winnipeg’s Grace Hospital. He apparently suffered a brain-injury from an earlier fall and part of his brain was removed at the time...

What to look for in a Mediator

Posted on January 22, 2008
Mediation is a common occurrence in estate litigation. Mediation is also popular in other areas, including family law and even commercial litigation. When choosing a mediator, I look for the following characteristics: Knowledgeable (has to know the law) Experienced at mediating (too many “wannabes”) Litigation savvy (knows the true costs and challenges of litigation) Empathetic (a good, sympathetic listener is a must) Diligent (a mediator has to know the issues and subtleties) Firm (a mediator has to know when to read the “riot act”) Stamina (mediation is often a marathon) Adaptable (a mediator wears many hats) If the other side suggests a mediator you’ve never heard of, ask around...

The Surviving Spouse - Hull on Estate and Succession Planning #96

Posted on January 22, 2008
Listen to The Surviving SpouseThis week on Hull on Estate and Succession Planning, Ian talks about an interview he did this week for a new website called Law is Cool and why he podcasts.Ian and Suzana discuss the importance of preparing for the death of a spouse or for the welfare of your spouse upon your death...

Experts in Estate Matters - Hull on Estates #94

Posted on January 22, 2008
Listen to Experts in Estate Matters. This week on Hull on Estates, Craig Vander Zee and Sarah Fitzpatrick discuss expert evidence in estate matters. In this episode they outline circumstances when one should use expert evidence, different types of experts, timing of reports, limitations of experts and the court appointed expert.

The Doctrine of Abuse of Process

Posted on January 21, 2008
Welcome to my week of blogs. I hope you enjoy the eclectic mix of topics and issues that I will blog on this week.I recently came across a case that considered the doctrine of abuse of process. While it was a family law dispute, the case nevertheless caught my attention as abuse of process cuts across all areas of the law, including estate litigation...

Hull & Hull LLP Estate, Trust and Capacity Law Breakfast Series

Posted on January 18, 2008
Yesterday's Breakfast Series was very informative (and the breakfast is always a nice treat!). Suzana Popovic-Montag started off the seminar with an instructive talk on trust issues in an estates context. Her discussion of leading and recent case-law examining a trustee's discretion to encroach on capital, including Gisborne v...

The Solicitor's Duty to "Go Behind" a Power of Attorney

Posted on January 17, 2008
In Reviczky v. Meleknia, a house was "sold" (unbeknownst to the true owner) by a person acting under a fictitious power of attorney and posing as the applicant’s relative. The purchaser, an innocent third party, financed most of the purchase price through a mortgage registered on title...

The Impact of Offers to Settle and other Factors on Cost Awards

Posted on January 16, 2008
An offer to settle made pursuant to Rule 49 of the Rules of Civil Procedure can be an extremely effective mechanism to secure a better costs order (see Rule 49.10). Most offers made outside the ambit of the Rules can also be very helpful to the offeror from a costs standpoint, particularly if such offers (like Rule 49...

Revamped Certified Specialist Program!

Posted on January 15, 2008
In the spring, I blogged on the pending demise of the Law Society’s Certified Specialist Program, likely caused by there not being enough lawyers coveting the title. I am happy to report that Convocation approved a proposal to continue and improve the Program (announced in the Fall/Winter 2007 issue of the Ontario Lawyers Gazette)...

Funeral Considerations - Hull on Estate and Succession Planning Podcast #95

Posted on January 15, 2008
Listen to Funeral ConsiderationsThis week on Hull on Estate and Succession Planning, Ian and Suzana discuss the considerations and responsibilities of estate trustees at the time of a funeral. They also introduce Malcolm Gladwell's book 'The Tipping Point' as a different way of understanding family behaviour at the time of death...

Karkus v. Cotroneo 2007 - Hull on Estates #93

Posted on January 15, 2008
Listen to Karkus v. Cotroneo 2007This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss the case of Karkus v. Cotroneo 2007. The case addresses many of the issues that estate lawyers face on a daily basis, such as: proving or disproving gifts, slander of title and the importance of corroborative evidence...

Things to Consider When Contemplating a Guardianship Dispute

Posted on January 13, 2008
In guardianship disputes, unlike other estate litigation, you are dealing with a living person, whose needs and wishes must be kept in mind at all times. For this reason, thorough contemplation of how to approach the case is important to undertake at the outset...

"A Diamond is Forever?" - Lost Gifts and the Principle of Ademption

Posted on January 11, 2008
In keeping with the holiday season which has just ended, many of us can reflect on the gifts we received from family members and friends. Often, the sentimental attachment far exceeds the monetary value of the gift. To this end, a testator may make a specific bequest in her Will indicating that upon her demise, a valuable family heirloom is to be given to a close relative...

Hull & Hull LLP Breakfast Series - January 17, 2008

Posted on January 10, 2008
The administration of an estate encompasses a significant portion of most estate solicitors' practices. Even if the estate is being competently administered, it is still possible that many remedies which would be useful for the beneficiaries could be overlooked in the process...

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