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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 Good Government Act, 2009: Reform to the Regulation of Charities

Posted on February 09, 2010
As I noted yesterday, Ontario's Good Government Act 2009 has received royal assent. Over 300 pieces of legislation have been amended or repealed, including various statutes dealing with the regulation of charities in Ontario. Of particular note are the following two changes: 1...

The Good Government Act, 2009

Posted on February 08, 2010
On December 15, 2009, the Good Government Act, 2009 received royal assent. This statute amended or repealed over 300 pieces of legislation, ranging from the Accumulations Act to the Off-Road Vehicles Act. There are various amendments that should be of particular interest to those of us who practice estate, capacity and trust litigation...

The Search for Lost Art Revisited

Posted on February 05, 2010
'He who touches the ashes of the past, Will burn himself with still glowing coals.' --Elizabeth Heyking Han Sachs invoked this quote in his autobiographical work: "The World's Greatest Poster Collection: How it came into being and How it Disappeared From the Face of the Earth...

The Executor: Whose Choice?

Posted on February 04, 2010
Testators choose their executors. The choice of executor is commonly assumed to be a very personal choice predicated on trustworthiness. But in the face of this assumption, can the beneficiaries of an estate ever agree amongst themselves to oust an executor in the absence of any recognized basis for removal? A pending case in the U...

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Abatement and Ademption: More Challenges for the Executor of a Cash-Strapped Estate

Posted on February 03, 2010
What follows is a revised edition of this morning's blog which inadvertently created confusion between the principles of Abatement and Ademption. I apologise for any confusion caused by the initial version. On Monday, I blogged on the payment of debts of an estate and the steps that an estate trustee ought to take to protect him or herself from any personal liability...

Power of Attorney - Hull on Estates #197

Posted on February 02, 2010
Listen to: Power of Attorney - Hull on Estates #197 This week on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss when Power of Attorney should be executed. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog...

Limited Power of Attorney - Hull on Estates and Succession Planning #193

Posted on February 02, 2010
Listen to: Limited Power of Attorney - Hull on Estates and Succession Planning #193 This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the issues with having a limited Power of Attorney or no Power of Attorney at all. If you have any comments, send us an email at hullandhull@gmail...

Groundhog Day: A Time to Reflect

Posted on February 01, 2010
Every year on Groundhog Day I can't help but reflect on Bill Murray and his contribution to the modern North American psyche. It must be a massive ego trip to know that, on one day of the year, most everyone reflects on a movie that you have made...

Paying the Debts of an Estate

Posted on February 01, 2010
It is a trite principle of estate administration that "debts must be paid before beneficiaries." Assuming this maxim is followed, the estate trustee will not assume any personal responsibility for the debts of the deceased...

Famous Vermeer Painting Faces Nazi-Era Claim

Posted on January 29, 2010
The heirs of a man who sold a well known Vermeer painting to Hitler are seeking its return from the Austrian museum where it is currently on display. 'The Art of Painting', which dates between 1665 and 1668, is currently housed at the Kunsthistorisches Museum in Vienna and is considered one of Vermeer's most important works...

Court Appoints Financial Monitor to Review Humane Society's Finances

Posted on January 28, 2010
The Superior Court of Justice (at Toronto) ruled Tuesday that the accounting firm Deloitte & Touche be appointed to monitor the finances of the Toronto Humane Society. In his ruling (which does not yet appear to have been put online), the Honourable Mr...

Cost Recovery for In House Counsel

Posted on January 27, 2010
The recent decision of Grand & Toy v. Aviva Canada discussed whether a party, represented by salaried in-house counsel, could recover costs and, if so, to what extent. Aviva Canada had been successful in responding to a motion and was seeking the associated costs from Grand & Toy...

Strategies for Headache-Free Estates

Posted on January 26, 2010
A recent article in the Financial Post, 'Eight Tips for Feud-Free Estate Plans', provides helpful advice on how to minimize family-infighting over one's estate (or retirement) plan. The article is a must-read for anyone planning for the future as well as those who advise them...

Announcements - Hull on Estates and Succession Planning #192

Posted on January 26, 2010
Listen to: Announcements - Hull on Estates and Succession Planning #192 This week on Hull on Estates and Succession Planning, Ian and Suzanna discuss Hull & Hull's most recent Breakfast Learning Series and the upcoming changes being made to the firms website...

A Devastating Inheritance: Huntington's Disease

Posted on January 24, 2010
Huntington's disease (HD) is a progressive, degenerative brain disorder that causes certain nerve cells in the brain to waste away. Huntington's is inherited, and if one of your parents has Huntington's disease, you would have a 50% chance of getting the gene for the disease...

Substantial Increase in Death from.....Watching TV?

Posted on January 22, 2010
I came across an article when thinking about blog topics for this week. It appears that a recent Australian study from the Baker IDI Heart and Diabetes Institute in the state of Victoria concluded that watching television can increase risk of death...

Jimi Hendrix to Release a New Album

Posted on January 21, 2010
Jimi Hendrix's family and Sony Commercial Music Group have collaborated and the result is a new album featuring Hendrix music. Mark this day in your calendar as this album should hit the stores on March 9, 2010. The Hendrix legacy is closely protected by Experience Hendrix LLC, a family run company, currently being run by Janie Hendrix, Jimi's sister...

Kafka: A New Twist - The Unpublished Works

Posted on January 20, 2010
Franz Kafka left a will instructing his friend, Max Brod, to burn his manuscripts and not to publish them. However, Brod spent much of his life editing Kafka's work for publication, making Kafka's writings into very influential pieces of fiction...

Miep Gies - The Last Survivor of the Anne Frank Story, Dies at 100

Posted on January 19, 2010
Although the name "Miep Gies" may not be familiar to you, she was a key player in a story you almost certainly know. Miep Gies, together with four others, provided a hiding spot for Anne Frank and her family as well as 4 others during WWII...

Civil Proceedings - Hull on Estates #196

Posted on January 19, 2010
Listen to: Civil Proceedings - Hull on Estates #196 This week on Hull on Estates, Paul Trudelle and Chris Graham discuss the amendments to civil procedure, effective January 1st, 2010. If you have any comments, send us an email at hull.lawyers@gmail...

When the Bottle Hits Back: Korsakoff's Syndrome

Posted on January 18, 2010
Korsakoff's syndrome is a brain disorder usually associated with chronic, excessive alcohol consumption. At the physiological level, Korsakoff's is caused by a thiamine (vitamin B1) deficiency, which ultimately affects the brain and the central nervous system...

2010 Award of Excellence

Posted on January 15, 2010
Each year the Ontario Bar Association (OBA), Trusts and Estates Section, considers candidates for its Award of Excellence. Last year, the Section paid tribute to Barry Corbin as the recipient. The Award for Excellence was created to recognize exceptional contributions and achievements by members of the OBA to the area of trusts and estates...

The Evolution of Reading

Posted on January 14, 2010
I think it's fair to say that the Internet has severely disrupted the traditional value chains in regards to how we obtain our media content. The value of content, starting with music, movies, TV shows, news and most recently books are being redefined for the Internet age...

The Grim Toll of Alzheimer's

Posted on January 13, 2010
The Toronto Star recently reported on Alzheimer's disease, stating that 'cases of the mind-robbing disease will more than double to 1.25 million within 30 years as baby boomers age'. With the numbers pointing upward as the population grays, a recent report by the Alzheimer Society, entitled Rising Tide: The Impact of Dementia on Canadian Society suggests the following steps to help reduce the impact of dementia: 1...

The 8 Life Stages of Estate Planning

Posted on January 12, 2010
As we are in the beginning of a new year, a quote from one of my favourite poets, T.S. Eliot, comes to mind: 'For last year's words belong to last year's language and next year's words await another voice.' I recently came across an article entitled "The 8 Life Stages of Estate Planning", authored by G...

Guardianship Applications - Hull on Estates #195

Posted on January 12, 2010
Listen to: Guardianship Applications - Hull on Estates #195 This week on Hull on Estates, Nadia Harasymowycz and Paul Trudelle discuss the costs involved in guardianship applications. If you have any comments, send us an email at hull.lawyers@gmail...

Through the Looking Glass: Lewy Body Dementia

Posted on January 11, 2010
After Alzheimer's Disease, Lewy body Dementia (LBD) is one of the leading causes of dementia in the elderly, accounting for up to 20% of cases of dementia. In Lewy body Dementia, abnormal protein structures called Lewy bodies develop in regions of the brain responsible for thinking and movement...

Legalese

Posted on January 08, 2010
Language is the primary tool of a lawyer's trade. Although there has been movement in modern times toward 'plain language', history steeped in tradition demands that we maintain our own dictionary. Building on Wednesday's theme of unusual legal terms, here are some you don't hear every day...

Living Wills and Powers of Attorney for Personal Care

Posted on January 07, 2010
A 'Living Will' or 'Advance Directive' is a document that indicates the grantor's preferences with respect to health conditions and treatment, including the level of medical intervention. It is a guide for the person who must communicate with physicians and make health care decisions in the event the patient is not able to do so him or herself...

Do you gazump?

Posted on January 06, 2010
As I was recently researching the duty of trustees, I stumbled upon a term that I might fully have expected to have found in a Dr. Seuss book rather than a legal text. I shall use it in the context in which it appears, as a subject title, although I doubt this will help you figure out what it means: Dishonourable duty to 'gazump' I found the whole passage so fascinating that I shall reproduce it for your enjoyment and potential enlightenment: 'Where trustees who have entered into negotiations for the sale of trust property receive a subsequent higher offer from another party they should at least probe the subsequent offer irrespective of questions of commercial morality which might have led a vendor who was not a trustee to close the deal with the original purchaser...

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