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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

Upcoming 'Health Series' of Blogs

Posted on August 06, 2009
Hull & Hull LLP will be posting our second 'health series' of blogs starting on Monday August 10th. The series will run every Monday thereafter in the month of August, for a total of four blogs. The following subjects will be featured: Polypharmacy and Seniors Multiple Attorneys for Personal Care Traumatic Brain Injury Palliative Care - an Overview We hope this series proves both useful and informative...

The Ever-Expanding Safety Net

Posted on August 05, 2009
The gradual demographic shift to an aging population is causing governments to reevaluate how to ensure that appropriate funding is in place to provide for long-term care. A recent article on the BBC website references the work of a task force commissioned by the British government to consider the feasibility of three different models for the funding of post retirement long term care...

Unjust Enrichment - Hull on Estates #174

Posted on August 05, 2009
Listen to: Unjust Enrichment - Hull on Estates #174 This week on Hull on Estates, Diane Vieira and Rick Bickhram discuss a recent decision from Judge Daley regarding unjust enrichment, using the case of Simonin vs. Simonin as a background to explain the issues surrounding unjust enrichment...

Transferring the Family Cottage - Part 7 - Hull on Estate and Succession Planning #175

Posted on August 05, 2009
Listen to: Transferring the Family Cottage - Part 7 - Hull on Estates and Succession Planning #175 This week on Hull on Estate and Succession Planning, Ian and Suzana recap their cottage series and discuss the possibilities that may arise with the beneficiaries, such as disinterest in the property or incapacitation...

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When "Time of Death" Is Subjective

Posted on August 04, 2009
The moment of death is obviously the seminal triggering event in the context of estate and trust law. As but one example, a Will speaks from the moment of death. A recent article in the National Post raises an interesting question regarding when death actually occurs and how it is defined...

The Power of Checklists: In Life and in Practice

Posted on July 31, 2009
Everyone knows that you should make a list before going to the grocery store. If you do not, you will inevitably forget some essential basic that was not interesting enough to remember. It will be the very thing you went to the store for in the first place...

Administration Bond Service

Posted on July 30, 2009
As previously blogged on by Paul Trudelle, the evidence required for the court to properly consider whether an administration bond should be dispensed with was clearly set out by Brown J. in the Re Henderson case 2008 CanLII 69136. But what if the answer is no and you must post a bond? One option is to go to the Ontario Lawyers Probate Bond Service...

Life Insurance Locator Service

Posted on July 29, 2009
Ever wonder if (or wish that) you might be the lucky beneficiary of a hefty life insurance policy left to you by some benevolent benefactor? Well now you can find out if your wishes have come true. A life insurance policy locator service created and maintained by MIB Solutions Inc...

Capacity Assessments - Hull on Estates #173

Posted on July 29, 2009
Listen to: Capacity Assessments - Hull on Estates #173 This week on Hull on Estates, Diane Vieira and Jonathan Morse discuss capacity assessments, the requirements for assessors under the Substitute Decisions Act, and who assesses capacity under what circumstances...

Trial Binder, Endorsements/Orders Record & Compendium of Documents - How to Kill Three Birds with One Stone

Posted on July 28, 2009
As mentioned in Craig Vander Zee's recent blog on Contested Passing of Accounts, preparedness is the hallmark of success in an estates practice. Responding at a moment's notice with facts, documents and other relevant evidence from your trial binder will show well not only for your client's case but for you as well...

Transferring the Family Cottage - Part 6 - Hull on Estate and Succession Planning #174

Posted on July 28, 2009
Listen to: Transferring the Family Cottage - Part 6 - Hull on Estate and Succession Planning #174 This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion about the best practices for transferring the family cottage to the next generation while addressing the issue of defaulting on a trust or contract that was previously agreed upon by all beneficiaries...

FAQs on Wills, Death & Taxes

Posted on July 27, 2009
The Ontario Ministry of the Attorney General Website posts answers to frequently asked questions about estates matters like how to find a copy of a deceased person's will and how to calculate the amount of estate administration tax. There is a public database on site at the Toronto Estates Office at 330 University Avenue that contains information on wills deposited with the court for safekeeping or provided through an application for a Certificate of Appointment of Estate Trustee with a Will...

Considering the Admissibility of Extrinsic Evidence on Will Construction Applications

Posted on July 24, 2009
Decore Estate, a recent decision from the Court of Queen's Bench of Alberta, explored the issue of the admissibility of extrinsic evidence in a proceeding to determine the appropriate interpretation of a testator's will. The application involved a dispute over the proper construction of the deceased's last will and testament and codicil...

C.L.B. v. J.B. - What Will the Court Consider When Determing Whether to Seal a Court File?

Posted on July 23, 2009
A recent decision of C.L.B. v. J.B.addressed when it is appropriate for a court file to be sealed. The case involved two minors who had lost a parent in the 9/11 terrorist attacks and had received victims' compensation. The court ordered that the funds be held in trust and set out a timeline for when the trustees would be required to pass accounts...

A Movement to Bring Funerals Home

Posted on July 22, 2009
The New York Times recently featured an article on the growing trend of at home funerals in the United States. A home funeral can involve anything from holding the visitation for a deceased love one at home, to burying the individual in, say, his backyard (with the appropriate permit, of course)...

B.C. Court Rules that Estate Planning Complications are Not a Sufficient Reason to "Unadopt" a Child

Posted on July 21, 2009
The Supreme Court of British Columbia recently dismissed an application where the applicant sought to adopt a child he had previously adopted with his common law wife. The adoptive father was actually the biological grandfather of the minor child in question...

The Willis Estate Case - Hull on Estates #172

Posted on July 21, 2009
Listen to - The Willis Estate Case - Hull on Estates #172 The Willis Estate Case - Hull on Estates Episode #172 This week on Hull on Estates, Bianca La Neve and Rick Bickhram discuss the recent decision of Justice Brown regarding the Willis Estate case and the issues that can arise during contempt proceedings and appropriate sentencing in the field of estate and trust litigation...

Transferring the Family Cottage - Part 5 - Hull on Estate and Succession Planning #173

Posted on July 21, 2009
Listen to - Transferring the Family Cottage - Part 5 - Hull on Estate and Succession Planning This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion of the most efficient methods for transferring the family cottage...

Pachaluck Estate v. DiFebo - a Passing of Accounts Doesn't Come Cheap ... to Anyone

Posted on July 20, 2009
The recent decision of Pachaluck Estate v. DiFebo provides a useful example of the costs exposure that parties can face on an application to pass accounts. In this case, a beneficiary had objected to the compensation the estate trustee had taken...

Paul Raymond: Spiv*

Posted on July 17, 2009
There is nothing like sex to get someone's attention. The matter of the estate of Paul Raymond was recently brought to my attention – mainly due to the deceased's business undertakings. Britain's Paul Raymond died on March 2, 2008 leaving an estimated estate of 650m pounds...

Contempt of Court Sentencing

Posted on July 16, 2009
The recent decision of Brown J. in Re Willis Estate, 2009 CanLII 30681 (Ont. S.C.J.) addresses the issue of an appropriate sentence to impose on an attorney for property who has been found in contempt of a court order requiring him to account for his dealings with his mother's property...

You Be the Judge - Life Insurance Under a Separation Agreement - Part II

Posted on July 15, 2009
Yesterday, I set out the fact situation in Turner v. DiDonato (2009), 95 O.R. (3d) 147 (Ont. C.A.). The trial judge decided that Dilia was entitled to the difference between the insurance proceeds that she received and the $100,000 insurance policy that was supposed to be in place...

You Be the Judge - Life Insurance Under a Separation Agreement - Part I

Posted on July 14, 2009
Today I will set out a fact situation and let you determine the outcome. Tomorrow I will let you know how the trial judge and Court of Appeal decided the matter. (As observed by a judge in Newmarket recently, being appointed a judge is like going to heaven – all lawyers want to go there, but just not yet...

Transferring the Family Cottage - Part 4 - Hull on Estate and Succession Planning #172

Posted on July 14, 2009
Listen to Transferring the Family Cottage -Part 4 This week on Hull on Estate and Succession Planning Ian and Suzana continue their discussion of the transfer of the family cottage. They explore three ways of transferring the cottage on death; 1) Putting the gift of the cottage in your will 2) Testamentary Trust and 3) Outright gifting...

Mutual Wills - Hull on Estates #171

Posted on July 14, 2009
Listen to Mutual Wills This week on Hull on Estate and Succession Planning Jonathan Morse and Chris Graham discuss aspects of mutual wills and the doctrine of mutual wills. They look into some interesting cases related to this topic as well advantages and disadvantages of mutual wills...

Creepy or Cool?

Posted on July 13, 2009
I'm not sure what to make of this. Coffin Couches is a US company that 'recycles' coffins into couches. The company collects 'used' coffins from funeral homes. Apparently, the coffins are not used for burial due to slight cosmetic inconsistencies, and cannot be resold...

Modern-day Grave Robbing?

Posted on July 10, 2009
CNN recently reported disturbing events, whereby employees at a historic cemetery near Chicago allegedly dug up more than 300 graves as part of a conspiracy to resell burial plots to unsuspecting buyers. Reportedly, at least four people are in custody facing a slew of felony charges...

Taking Evidence Out of Court In Lieu of Calling the Witness at Trial

Posted on July 09, 2009
Given the nature of estate litigation, a party to the dispute, and/or a witness that is to testify at trial, are at times elderly, in poor health, incapable of testifying or out of the jurisdiction, such that it is appropriate for their evidence to be given out of court in advance of the trial date...

Cost Awards - Not What They Used to Be

Posted on July 08, 2009
As noted in one of my earlier blogs, gone are the days where estate litigants almost automatically were awarded their costs out of the estate. The trend in recent years has adopted elements of the loser- pays philosophy, which has long been applied to other types of litigation...

Parties Under Disability - Hull on Estates #170

Posted on July 08, 2009
This week on Hull on Estate and Succession Planning Natalia Angelini and Bianca La Neve discuss parties under disability. The look into how they are represented in proceedings and who has the authority to do so. If you have any comments, send us an email at hullandhull@gmail...

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