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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

World's Oldest Woman Passes Away

Posted on November 05, 2010
At 114 years old, the oldest woman, a title she held for a very short time since May 2, 2010, has passed away. Eugenie Blanchard, called 'Sweets' by her friends, was known for her kindness. She passed away in St. Barts, a French island in the Carribean...

Are You Ready to Donate?

Posted on November 04, 2010
In the midst of an American media frenzy after the Democrats lost control of the House of Representatives, forcing the issue of universal health care back onto the proverbial chopping block, a special section produced by the Toronto Star's Health Zone on organ donation addresses health issues in our own backyard...

Advancing the rights of older adults and developing an anti-ageist approach to law

Posted on November 03, 2010
The Law Commission of Ontario, the Canadian Centre for Elder Law and the Advocacy Centre for the Elderly hosted the 5th Canadian Conference on Elder Law on October 29 – 30, 2010. The stated goal of this year's conference, which was held in Toronto, was to 'promote contribution and access to a knowledge base regarding legal issues affecting older adults, with a view to reducing vulnerability, social isolation, and abuse' with the overarching theme of the conference being to develop an anti-ageist approach to the law...

Transitions - Hull on Estates and Succession Planning #215

Posted on November 03, 2010
Listen to: Transitions This week on Hull on Estates and Succession Planning Ian and Suzana discuss transitions, both personal and professional. They examine transitions currently taking place; how they affect us and different approaches one can take...

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The legal and bioethical questions regarding surrogacy contracts

Posted on November 02, 2010
In today's blog I discuss the legal and bio-ethical questions that stem from contracts between surrogates and 'commissioning' parents. Experts in the field of assisted reproduction suggest that surrogacy arrangements are becoming more commonplace in Canada...

How charitable are you?

Posted on November 01, 2010
I thought I would start off this week's blogs by discussing planned giving. Planned giving provides a mechanism for people to contribute to programs that they support. In this way, people are able to target their philanthropic efforts towards programs that they believe will improve communities...

Costs Arising from Litigation in respect of a Trust - Nolan v. Kerry

Posted on October 29, 2010
In the last of my series this week on recent trust cases of interest, today's blog looks at the case of Nolan v. Kerry (Canada) Inc., 2009 SCC 39, [2009] 2 S.C.R. 678. This case provides guidance as to when costs, arising from litigation regarding a pension trust fund, are payable out of the pension trust fund...

Removal of an Estate Trustee - Gonder v. Gonder Estate

Posted on October 28, 2010
As part of my continuing series of blogs this week regarding recent trust law cases, today's blog looks at the case of Gonder v. Gonder Estate, 2010 ONCA 172 (CanLII). The issue is this case dealt with whether an estate trustee of an estate could be removed without providing for the appointment of an alternate estate trustee or otherwise providing for the orderly administration of the estate...

Avoiding Negligence Claims in a Wills File - Hull on Estates #227

Posted on October 28, 2010
Listen to: Avoiding Negligence Claims in a Wills File This week on Hull on Estates, David Smith and Julia Evans discuss avoiding negligence claims in a Wills file, an issue that is top of mind for lawyers who draft Wills. Specifically, they chat about the landscape in this area and some things that may create problems...

Foreign Trustees - Herring Estate (Re)

Posted on October 27, 2010
In yesterday's blog, I mentioned that my blogs for the balance of this week would focus on a selection of recent trust law cases. A case that merits mentioning in the category of foreign trustees is Herring Estate (Re), 2009 CanLII 44707 (ON. S.C)...

Trusts, Trustees, Trusteeship 2010 - October 1, 2010 Conference

Posted on October 26, 2010
On October 1, 2010 the Ontario Bar Association had a Continuing Legal Education Program entitled Trusts, Trustees, Trusteeship 2010. The Chair of the Program was Kimberly Whaley. This was a half day program. I had the pleasure of presenting on the last topic of the morning being a Review and Analysis of Recent Trust Case Law...

Hypoxic-Anoxic Brain Injury

Posted on October 25, 2010
The brain requires a constant flow of oxygen to function normally. In fact, the brain consumes about a fifth of the body's total oxygen supply. When this flow is disrupted, brain cells begin to die, and one of two conditions results: i) hypoxic brain injury (due to a partial lack of oxygen supply to the brain); or ii) anoxic brain injury (due to a complete lack of oxygen supply to the brain)...

Tweeting in Court and other Socially Acceptable Behaviour

Posted on October 22, 2010
Given the prevalence of scepticism amongst lawyers (see my earlierblog), it is entirely in keeping with character for lawyers to be slow to openly embrace social media. Judging from a recent study, it would seem that this might be doubly so for Canadian lawyers...

Summary of the Hull & Hull Breakfast Seminar - Hull on Estates #226

Posted on October 21, 2010
Listen to: Summary of the Hull & Hull Breakfast Seminar This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss the recent quarterly Hull & Hull breakfast seminar. The topics discussed at the seminar include: Family matters and their relation to estates, specifically separations and divorce...

Managing Client Expectations

Posted on October 21, 2010
'If parents pass enthusiasm along to their children, they will leave them an estate of incalculable value." - Thomas Alva Edison Sometimes, unfortunately, the enthusiasm left behind when a parent passes away is the enthusiasm for litigation with one's family...

Legal Project Management

Posted on October 20, 2010
I recently attended a conference on Legal Project Management (LPM). The ideas were all good ones and certainly the concept of Project Management has been a documented success in the business world for many years. The difficulty with LPM is not in the planning but in the execution...

Handwritten Changes on a Will

Posted on October 19, 2010
The formalities in the Succession Law Reform Act are strict and unforgiving. Case law suggests that Ontario courts have no discretion to depart from compliance with the SLRA's requirements in determining the due execution and formal validity of a Will and its provisions...

Partition and Sale

Posted on October 18, 2010
Partition and sale can become an issue in an estates context when the family cottage or other real property is gifted to the testator's children as joint tenants or tenants in common and some of the siblings wish to be bought out of their interest. Pursuant to the Partition Act, an application may be made to the Ontario Superior Court of Justice by anyone who has an interest in land...

Setting Aside a Default Order Passing Accounts

Posted on October 14, 2010
In the recent case of Re Estate of Assunta Marino, 2010 ONSC 5237 (CanLII), the court granted an order to set aside an unopposed judgment passing accounts obtained by the estate trustee, on a Rule 38.11(1) motion brought by a beneficiary who had failed to file a notice of objection to accounts within the prescribed time...

More Bad News?

Posted on October 14, 2010
All of our lives have been significantly affected by the U.S. financial collapse, even though we all know that Canada has somehow weathered the storm better than everyone else, despite the paralysis of our major trading partner. According to this article written by Charles Hughes Smith in the October 14, 2010 edition of Business Insider, the worst is yet to come...

Trust Law, Foreign Trust and Trustee Cases - Hull on Estates #225

Posted on October 13, 2010
Listen to: Trust Law, Foreign Trust and Trustee Cases Today on Hull on Estates, Kathryn Pilikington and Craig Vander Zee discuss recent cases dealing with trust law. They also discuss the Trust, Trustees and Trusteeships conference on October 1, 2010 put on by the Ontario Bar Association...

The Importance of Seeking the Court's Advice in Trust Administration

Posted on October 13, 2010
We have blogged previously on section 35 of Ontario's Trustee Act, which relieves a trustee who has committed a technical breach of trust but has otherwise acted honestly and reasonably. This provision may not be available to a trustee who, confronted with an ambiguous situation, fails to seek the advice and direction of the court, as is the trustee's right under section 60(1) of the Trustee Act...

Managing Expectations - Hull on Estates and Succession Planning #214

Posted on October 13, 2010
Listen to: Managing Expectations This week on Hull on Estates and Succession Planning, Ian and Suzana discuss managing the expectations of the surviving spouse. If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog...

Wine Cellars: Ringer Estate Planning Tool or Tax Landmine?

Posted on October 11, 2010
It turns out that investing in wine cellars as an estate planning tool is more complex than one would think. The estates of Brits, for instance, who expected that a wine cellar would be valued at its purchase price as opposed to its market value for the purposes of inheritance tax may be in for a surprise, based on the information in this article...

Breakthrough in the Tom Thomson Mystery

Posted on October 08, 2010
Tom Thomson inspired the formation of the Group of Seven, a group of artists who are counted amongst Canada's most famous. Thomson's artwork will forever stand as a part of Canadian culture; yet Thomson's name is remembered not only for his landscapes but also for the mysterious nature of his untimely death...

Dementia: A New Perspective

Posted on October 07, 2010
I recently read a book which made me consider the effects of Alzheimer's and Dementia in a whole new light. ‘Still Alice' compelled me to approach cases where these diseases are prevalent with a different. Although this book is a work of fiction, the author was able to convey what feels like a very real account of living with such a disease, and in particular how to cue oneself with environmental triggers to the proper behaviour in any given situation...

Retirement Home Standards - Is Legislation Necessary?

Posted on October 06, 2010
A recent article in the Toronto Star exposes the unfortunate situation in which some of Toronto's elderly are being forced to live. It is but one example, however, the article speaks of the terrible conditions found at a retirement home in Toronto's west end...

A Recent Decision Setting Aside an Unopposed Judgment Passing Accounts - Hull on Estates #224

Posted on October 06, 2010
Listen to: A Recent Decision Setting Aside an Unopposed Judgment Passing Accounts This week on Hull on Estates, David M. Smith and Rick Bickhram discuss a recent decision out of the Superior Court of Justice, as well a high-level overview of the proceedings in passing of accounts...

Planning Estate Administration - Part 4 -Hull on Estates and Succession #213

Posted on October 06, 2010
Listen to: Planning Estate Administration – Part #4 This week on Hull on Estates and Succession Planning Ian Hull continues the discussion on estate administration. Specifically, he examines liabilities and accounting obligations. If you have any comments, send us an email at hullandhull@gmail...

Long Time Partner of Steig Larsson speaks with the Globe and Mail

Posted on October 05, 2010
I've recently noticed that about 1 in every 4 people I see with a book happens to be reading one of the Steig Larsson Millennium Series books. For the few of you for whom that has no meaning, he is the author of 'The Girl with the Dragon Tattoo' and two other books in the series that were all published posthumously (see blogs posted by Paul Trudelle and Diane Vieira regarding the posthumous publication of these novels...

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