Toronto Estate Law Blog: Estate Planning

Home -> Law Blog Directory -> Estate Planning Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Estate Planning

Toronto Estate Law Blog

Provided by Hull & Hull.

Post Frequency: 10.9/day

Last Entry: April 01, 2011 at 08:48:24

Tony Curtis Dies at 85

Posted on October 04, 2010
A Hollywood legend died last week at the age of 85. He was known for his roles in Hollywood classics, including Some like it Hot and The Smell of Success. Although he did not act extensively in his later years, he was Oscar Nominated in 1958 for his role in The Defiant Ones...

New Mandatory Continuing Professional Development Requirements

Posted on October 01, 2010
Commencing January 1, 2011, lawyers and paralegals in Ontario must complete at least 12 hours of continuing professional development ('CPD') in eligible educational activities in each calendar year. At least 3 of the 12 hours must be on topics related to ethics, professionalism and/or practice management...

Starting the Clock on Applicable Limitation Periods

Posted on September 30, 2010
As lawyers well know, all lawsuits must be instituted within the applicable limitation period as a first hurdle to successful litigation. While the time periods within which one must start a claim are clear in the Limitations Act and in other legislation, the time from which those periods start to run is not always so clear and may be a matter for a judge to decide...

Financial Services for Plaintiffs

Posted on September 29, 2010
With the recent case law moving in the direction of 'loser pays', costs in estates matters are becoming more and more of a concern to litigants. If only there was insurance against such a risk, you say. Well, now there may be, in certain cases...

To access this complete feed in the blog feed reader login or register for free.

When are Costs Payable out of a Trust?

Posted on September 28, 2010
In Nolan v. Kerry (Canada) Inc., 2009 SCC 39 the Supreme Court of Canada considered, inter alia, when costs can be awarded out of a trust fund in the context of a pension plan dispute regarding the employer's obligations. The pension plan contained defined benefit ('DB') and defined contribution ('DC') components...

Estate Administration - Hull on Estates and Succession Planning #212

Posted on September 28, 2010
Listen to: Estate Administration This week on Hull on Estates and Succession Planning, Ian continues to discuss estate administration. Specifically, he examines problems that may arise and how to avoid them. If you have any questions, send us an email at hullandhull@gmail...

Estate Administration -Part 3 - Hull on Estates and Succession Planning #212

An Astronomical Burial

Posted on September 27, 2010
Ever dream of being an astronaut? If you were not one in life fear not, there is still the chance that you can travel in space after your death. According to a Toronto Star article by Nicole Baute, it would appear that when it comes to burial possibilities, the sky is not the limit...

There's Been a Study on That...

Posted on September 24, 2010
Maybe it was just me, or maybe it was a slow news month, but it seemed that August was replete with various reports of studies breathlessly declaring that common character traits of toddlers were accurate predictors of various adult frailties...

A Holograph Will at Great Expense

Posted on September 23, 2010
When a testamentary document comes before the Court, it is commonly understood that the Court will strive to give effect to the testator's intention to make a Will and to avoid an intestacy if at all possible. Of course, not every Will is drawn by a competent lawyer...

The Reasonable Exercise of the Discretion to Encroach

Posted on September 22, 2010
In the recent Newfoundland Court of Appeal decision, Dicks v. Dicks Estate, the Court had occasion to consider, among other things, whether the manner in which an estate trustee exercised her discretion to encroach on capital was cause to order her removal...

Still Running Through The Snow

Posted on September 21, 2010
One day, when I was about 7 years old, my brother offered me a quarter, the caveat being that I would have to earn the quarter by running around the perimeter of the house, outside, in my bare feet. This would not have been so much of a barrier had it not been the middle of winter, and had the snow not reached the height of my kneecaps...

Forensic Document Examination and Estate Litigation Hull on Estates - #223

Posted on September 21, 2010
Listen to: Forensic Document Examination This week on Hull on Estates, Rick Bickhram and David Smith discuss forensic document examination and how it applies to the rules of evidence. If you have any comments, send us an email at hull.lawyers@gmail...

Forensic Document Analysis

Posted on September 20, 2010
In a recent article published in STEP's Trust Quarterly Review, Audrey Giles profiles technological advances in the electronic recognition of handwriting. For example, The Center of Excellence for Document Analysis and Recognition (CEDAR) at the University at Buffalo, State University of New York has developed electronic processes for the assessment of handwriting...

The Missing Heir as a Plot Device

Posted on September 17, 2010
Can a work of fiction that serves as a nice diversion from the latest case on the application of the cy-pres doctrine, actually have a plot device that would interest the estates practitioner? Stone's Fall is one of those books that, though a massive work of fiction, is a literal page-turner...

Two, Two, Two Affidavits in One?

Posted on September 16, 2010
Justice Brown nostalgically opens his reasons for decision in Wallbridge Estate, 2010 ONSC 3409 (CanLII) as follows: 'Those of a certain vintage may remember the television ad for a certain brand of breath mint. As the voice-over pronounced, 'Two, two, two mints in one', the two rolls of breath mint merged into one...

The Requirement to Serve Financially-Interested Parties

Posted on September 15, 2010
The recent endorsement of Justice Annis in the case of Hedley v. Hayes Estate 2010 ONSC 4485 (CanLII) illustrates the fundamental requirement of serving financially-interested parties in estates proceedings. Jeremy Hayes died without a Will. His long-time unmarried spouse was granted a Certificate of Appointment of Estate Trustee with a Will (the "Estate Trustee")...

Challenging Decisions of the Consent and Capacity Board

Posted on September 14, 2010
The basic principle governing health care treatment of patients is that treatments should not be administered in the absence of the patient's consent, or where the patient is incapable the patient's substitute decision-maker: section 10 of Ontario's Health Care Consent Act ("HCCA")...

Continuing Professional Development - Hull on Estates #222

Posted on September 14, 2010
Listen to: Continuing Professional Development This week on Hull on Estates, Sharon Davis and Natalia Angelini discuss a recent requirement put into place by The Law Society of Upper Canada. On January 1, 2011 lawyers and paralegals will be required to put in 12 hours of continuing professionalism each year...

"Capacity" and the Health Care Consent Act

Posted on September 13, 2010
What happens when an injured person requires urgent medical care, but is not able to personally consent? Guardianship proceedings under the Substitute Decisions Act ("SDA") grant all parties, including the allegedly incapable person, the full protections of the Rules of Civil Procedure...

Judge doesn't like juror's facebook post during trial

Posted on September 10, 2010
Serving on a jury is one of our most fundamental civic duties. It can, however, pose hardships on those individuals summoned to the jury box, particularly when one considers the financial impact of giving up your income while acting as a juror. Despite the financial hardship associated with jury duty, it is a serious undertaking and should be seen as such...

Silver Tsunami on Its Way?

Posted on September 09, 2010
The National Post reviews the results of a recent poll that reveals Canadians fear our health-care system may not be able to handle the growing strain owing to the impact of aging baby boomers predicted to live longer than the previous generation. Reportedly, there was broad agreement among Canadians that 'urgent changes' need to be made so the system can provide today's level of care to the baby boomers...

VIRTUAL LAW OFFICES GAINING POPULARITY IN INTERNET AGE

Posted on September 08, 2010
If you are a subscriber to the Hull & Hull LLP Toronto Estate Law Blog, you know that I am a relative newcomer to the blogging world. What you couldn't know is that I'm also a late convert to all things wireless and virtual. My life is, for the most part, hard-wired...

PREDATORY MARRIAGES: TOO EASILY ACCOMPLISHED?

Posted on September 07, 2010
In my blog on August 26, 2010, I introduced the topic of predatory marriages and alluded that these marriages are, perhaps, too easily accomplished. I suggest that this may be the case because the test for capacity to marry, as stated in Banton v...

Designation of Beneficiaries under the Insurance Act

Posted on September 07, 2010
Listen to: Designation of Beneficiaries under the Insurance Act This week on Hull on Estates, David and Nadia discuss issues that arise surrounding the designation of beneficiaries under the Insurance Act and how they interact with provisions in testamentary documents...

Designation of Beneficiaries under the Insurance Act - Hull on Estates #221

Tips on Keeping Funeral Costs Reasonable

Posted on September 03, 2010
In a prior blog by Paul Trudelle, a partner at Hull & Hull LLP, he explained the decision of Rooney Estate v. Stewart Estate (2007). In Rooney Estate v. Stewart Estate, the court highlighted some of the roles the Estate Trustee and the estate solicitor and held responsible for including, among other things, arranging for the funeral and disposition of remains...

Elder Abuse

Posted on September 02, 2010
In an aging society, our elderly can easily fall prey to predators looking to exploit them. Elder abuse can take many different forms: physical, psychological or financial abuse, or simply neglect. I read an article yesterday about Huguette Clark, the 104 year old heiress whose wealth is estimated at half a billion dollars...

Ontario Unveils Prescription Narcotics Strategy

Posted on September 01, 2010
Last Friday, the Ontario Ministry of Health announced plans to introduce legislation later this month that will allow the province to expand its drug database to track prescription drugs. The narcotics database will identify prescription ‘hot spots' and alert officials when a patient attempts to fill prescriptions from multiple doctors at multiple pharmacies...

Competent Children Don't Need an Inheritance

Posted on August 31, 2010
Chinese real-estate tycoon, Yu Pengnian, announced this past April that he was donating the last $500 million of his fortune to his charitable foundation on philanthropy. He was asked by a reporter, whether his children were angry about his donations and responded by stating: 'They didn't oppose this idea, at least not in public...

Previous | Next

Related Law Bulletins

Real Estate Agents, Lenders, Appraisers & Home Inspectors: ARE BUYERS WASTING TOO MUCH OF YOUR TIME?
PREQUALIFY, PREQUALIFY, PREQUALIFY. It cannot be said enough times...

What Should Sellers Look for in Hiring a Real Estate Agent?
MARKETING SKILLS, MARKETING "SUPPORT" AND EXPERIENCE. There are nu...

Should Sellers Hire a Real Estate Agent?
We often say YES! There are simply far too many unscrupulous buyer...

Real Estate Tax Appeals: Who Has the Burden of Proof
Recently, many municipalities have performed revaluations in order...