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Estate Planning

Toronto Estate Law Blog Toronto Estate Law Blog

Provided by Hull & Hull.

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

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Planning Ahead - Transferring the Family Cottage - Hull on Estate and Succession Planning #171

Posted on July 08, 2009
  Listen to Planning Ahead - Transferring the Family Cottage This week on Hull on Estate and Succession Planning Ian and Suzana look at the more complex solutions to the transfer of a cottage. The discuss the inter vivos transfer  - putting the cottage in trust for your children while you are living...


Parties Under Disability - Who Can Advance Their Interests and How Does One Get The Authority To Do So?

Posted on July 07, 2009
In estate litigation it is not uncommon for one or more disputing parties to be under disability. Unless the court or a statute provide otherwise, a party under disability must be represented by a litigation guardian (see Rule 7 of the Rules of Civil Procedure, which regulates proceedings by or against parties under disability)...


Testamentary Custody and Guardianship

Posted on July 06, 2009
The sudden death of Michael Jackson has sent a shock-wave of sadness across the globe. I expect it will be some time before you can tune in to various media without seeing coverage on it.  I find myself drawn in to the discussion, which one of my colleagues also blogged on last week...


Adult Children Making Gains

Posted on July 03, 2009
My colleague Natalia Angelini blogged on February 18 of this year about the increasing possibility that independent, adult children may be entitled to dependant support. A 2009 Ontario Bar Association paper by Susan Woodley concluded that moral obligations of deceased parents in Ontario may require them to provide proper and adequate support to their children, spouse and dependants...


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Another Reason to Respect Your Elders

Posted on July 02, 2009
They bound me with masking tape until I looked like a mummy. It took them quite a while because they ran out of breath. When they loaded me into the car I thought I was a dead man. - James Arnburn, financial adviser and alleged kidnapping victim Having lost their savings to Florida's boom-and-bust property market, and apparently sporting one heckuva grudge, Roland and Willy, ages 74 and 60, respectively, reportedly clobbered their financial adviser, James Arnburn, with a walker, bound him with duct tape, then took him for a long drive in the trunk of their Audi...


News Stories That Impact Estate Litigation - Hull on Estate and Succession Planning #169

Posted on July 02, 2009
Listen to News Stories That Impact Estate Litigation This week on Hull on Estates Jonathan Morse and David Smith discuss some big stories that have occurred in the news lately that have potential impact on those who practice estate litigation. They take a look at the death of Michael Jackson and the decision made by the courts in regards to the sentencing of Bernard Madoff...


The Family Property - Part 2 - Hull on Estate and Succession Planning #170

Posted on July 02, 2009
  Listen to The Family Property - Part 2 This week on Hull on Estate and Succession Planning Ian and Suzana continue their discussion on the family property. They look into two simple options when choosing to manage the transfer of wealth of a cottage - gifting it during your lifetime and selling the property...


Accessing National Memories

Posted on June 30, 2009
Tomorrow is July 1st.  It makes me think of Hatley, a small village in Quebec's Eastern Townships and its annual Canada Day Celebration. (My wife grew up nearby.)  Across Canada, flags fly high and memories abound.  If you will allow this segue, memories are often a significant part of estates that are easily overlooked...


The Death of a Legend: Michael Jackson leaves loose ends

Posted on June 29, 2009
Many people, including myself, paused on learning of Michael Jackson's death.   While I have not searched out his music for several years, his death marks the end of an era.  Michael Jackson's music is part of my memory of growing up. I attended his concert in October 1984 at the Canadian National Exhibition in Toronto...


The Contested Passing of Accounts - Part 3 of 3

Posted on June 26, 2009
Today's blog is the last in my series this week addressing certain aspects of preparation for trial in a contested passing of accounts.    The items discussed this week were certainly not meant to be, nor were they, exhaustive. Preparation necessary for a hearing/trial with narrow issues, few documents, few evidentiary concerns and an uncomplicated Estate will obviously be different than a case with numerous issues, voluminous documents, evidentiary issues and a complicated administration...


The Contested Passing of Accounts (Continued)

Posted on June 25, 2009
Today's blog is a continuation of my blogs this week addressing some aspects of preparation for a trial in a contested passing. I briefly touch upon transcripts, the Request to Admit and Witnesses today. It is important in preparing for trial to review the transcripts of the examinations conducted to assist counsel with locating evidence in the transcripts during trial, including admissions and/or inconsistent statements made by a witness at trial, to address the completeness of questions on the examinations, and whether additional discovery is needed before trial...


The Contested Passing of Accounts - Part 1 of 3

Posted on June 24, 2009
My blogs over the next three days will relate to certain aspects of preparation for the hearing of a contested passing of accounts. Today's blog will touch upon the parties, the scheduling of the hearing, and the preparation of documents/productions for trial...


OBA Trusts and Estates Section Executive

Posted on June 23, 2009
In yesterday's blog, I mentioned that the election of the Ontario Bar Association (OBA), Trusts and Estates Section Executive for the year 2009-2010 was confirmed at the Section's year end dinner on May 28, 2009.  Suzana Popovic-Montag is the incoming Chair of the Executive and I happen to be the incoming Vice-Chair...


Taking Evidence Before Trial - Hull on Estates #168

Posted on June 23, 2009
Listen to Taking Evidence Before Trial This week on Hull on Estates Bianca La Neve and Natalia Angelini discuss taking evidence before trial. They talk about the procedure for witnesses who may not be available at trial, which involves preserving their evidence beforehand so it is available prior to the trial...


OBA Trusts and Estates Section Year End Dinner

Posted on June 22, 2009
The Ontario Bar Association (OBA), Trusts and Estates Section, year end dinner was held on May 28, 2008 at the Gardiner Museum in Toronto.  Kimberly Whaley, the Chair of the Section for the past year, brought the past year to a close and the election of the OBA, Trusts and Estates Section Executive for the 2009/2010 year, was confirmed...


This Blog Contains a Secret to Longer Life

Posted on June 19, 2009
Actually, reading this blog really will help you live longer.  One secret to living longer is to have a "higher purpose", according to researchers at the Rush Alzheimer's Disease Center (which is part of the Rush University Medical Center in Chicago)...


Scrutinizing Evidence in a Will Challenge

Posted on June 18, 2009
The recent case of Re Henry (2009) CanLII 12329 (ON S.C.) is an excellent illustration of how a court scrutinizes evidence in a will challenge.  In Re Henry, the deceased died on May 28, 2005.  Two weeks earlier, on May 12, 2005, he had made a Will designating his second wife as his sole beneficiary...


Pet Trust Statute Watch: Inevitable for Ontario?

Posted on June 17, 2009
While the global financial system totters, unemployment soars, government deficits shatter records set during the Cold War era, towns and communities fight for their lives, the global trade system appears threatened, our lifestyle looks to be set formajor changes, it is reassuring to know that trust law marches on...


Knowledge Management - Hull on Estates #167

Posted on June 17, 2009
Listen to Knowledge Management This week on Hull on Estates Paul Trudelle and Sharon Davis discuss Knowledge Management; what it is and how it can assist lawyers and clients.  If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog...


Calculating compensation for Estate Trustee During Litigation

Posted on June 16, 2009
Compensation is a factor in every estates file.  The Divisional Court recently confirmed in Church v. Gerlach (2009) Court File No.: DC-07-0038-00 (Div.Ct.) that compensation for an estate trustee during litigation ("ETDL") is determined by the same principles as compensation for executors generally...


Life Is Short But Diamonds Are Forever

Posted on June 15, 2009
Beauty from sadness: DNA2Diamonds, LLC is a company that creates personal diamonds using the DNA of a loved one.  That can be a spouse, pet, dear friend or even an entire family.  The company takes a hair sample and uses it to grow the diamond from the DNA signature carbon in the hair...


A New Twist to Death Planning

Posted on June 12, 2009
Death planning now includes options like buying your coffin at your favourite retailer, purchasing jewellery keepsakes that hold a loved one's ashes, and even treating mourners at your funeral to ice cream. For my final blog of the week, I thought that it would be appropriate to discuss Death Planning...


The New Queen of Soho

Posted on June 11, 2009
Being immersed in the world of law, we're constantly confronted with upsetting and often depressing stories.  It feels good to occasionally resurface to hear about a positive story.   In the London Evening Standard, David Cohen writes about the new queen of Soho, a 23 year old, named Fawn James...


Social Media and Being Specific Wrap-up - Hull on Estate and Succession Planning #168

Posted on June 11, 2009
This week on Hull on Estate and Succession planning Ian Hull and Suzana Popovic-Montag begin their discussion by relating Star Trek to social media in terms of technology, costs and viewer/reader feedback. They continue on with a wind-up of their Being Specific series and discuss the last stage of how things unfold...


Beware of the Annuity Sharks

Posted on June 10, 2009
An article published in The Columbus Dispatch, an Ohio publication, shows us how vulnerable seniors can be to fraud through the purchase of financial products that are technically legal but not in their best interest. An 83 year-old women had her life savings placed in an annuity but was subsequently solicited to cash in her existing policy and buy a new one...


Succession Planning for Lawyers

Posted on June 09, 2009
The Ontario Lawyers Gazette recently published a helpful article titled 'Succession Planning Protects You and Your Clients', which reminds licensees of the importance of planning for the future. According to a 2006 survey, 80% of sole practitioners do not have a plan detailing who would service their clients in the event of their death or incapacity...


The Estate Trustee During Litigation - Hull on Estates #166

Posted on June 09, 2009
Listen to The Estate Trustee During Litigation This week on Hull on Estates Megan Connolly and Craig Vander Zee discuss the topic of the estate trustee during litigation (ETDL). Their discussion is based off a paper Paul Trudelle prepared and spoke about at the Hull and Hull breakfast series on June 4, 2009...


POA Fraud

Posted on June 08, 2009
  As an aging society, we are likely to see an increase in issues surrounding abuse of our elderly. Just simply take a look at our recent estate and trust literature and you will notice that there has been an increase in articles about elder law...


Enforceability of Domestic Contracts

Posted on June 05, 2009
Pre-nuptial Agreements, Co-habitation Agreements, Marriage Contracts and Separation Agreements can make for added complexity in any estate dispute.  Considering the disproportionate rate of estate litigation in families were there have been second marriages (or spousal relationships), it is inevitable that such contracts will continue to impact our practice...


The Decision of Justice Brown - Hull on Estates #165

Posted on June 04, 2009
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss a recent decision of Justice Brown. The case is known as Re Pearsall. The case, which developed out of one exception to the rules, is about jurisdiction. In particular, it has clarified where you can commence an application in the context of estate proceedings...


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