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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

Life Begins at Forty...Six!

Posted on January 21, 2011
The cover story in the year-end edition of The Economist was entitled: "The U-Bend of Life: why, beyond middle age, people get happier as they get older." Personally, I was more captivated by the abbreviated title: "Why Life Begins at 46...

Charitable Legacies

Posted on January 20, 2011
Apart from the moral obligation to benefit family discussed in yesterday's blog, a testator may feel an ethical obligation to benefit charity. This is another way of leaving a legacy. If the testator performed volunteer work for a specific charity, a testamentary bequest can be seen as a natural extension of a lifetime commitment to a cause...

Breakfast Series - Hull on Estates #235

Posted on January 20, 2011
Listen: Breakfast Series This week on Hull on Estates, Nadia Harasymowycz and Craig Vander Zee discuss the Hull and Hull LLP breakfast series that was held on January 13, 2010. This breakfast series was accredited by the Law Society for professionalism requirements and continuing professionalism...

Family Obligations

Posted on January 19, 2011
Moral and legal obligations overlap when the Legislature or the Courts make laws respecting the governance of family relationships. For example, science tells us that we have a moral obligation to care for our minor children hardwired into our DNA...

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Leaving a Legacy

Posted on January 18, 2011
The term "legacy" has expanded beyond its traditional meaning. Historically, a legacy fit squarely within its definition as found in Black's Law Dictionary: "a disposition of personalty by will. A bequest." Of interest to the estates bar is a limitation period respecting claims to recover an unpaid legacy...

Year of 2011 - Hull on Estates and Succession Planning #219

Posted on January 18, 2011
Listen: Year of 2011 This week on Hull on Estate and Succession Planning, Ian discusses the year of 2011. Specifically, he discusses the book Start with WHY by Simon Sinek, which can also be found in the Hull & Hull LLP Reading Center...

When (and one good reason why) to Update an Estate Plan

Posted on January 17, 2011
It is no secret that the legal profession has a challenge convincing the general public that every adult should make a Will. It is estimated that only 21 percent of Canadian adults under the age of 35 have a Will. But once a Will is made, it may also be a challenge to ensure that wills (and estate plans generally) remain up to date...

National Mobility Agreement

Posted on January 14, 2011
Lawyers called to the Bar in one province who want to practise in another province in Canada can now generally do so with ease, thanks to a series of agreements reached among the provincial law societies. They are: The National Mobility Agreement The Territorial Mobility Agreement The Quebec Mobility Agreement With the adoption of these three agreements, there are now avenues available for lawyers to work permanently in all provinces and territories, and temporarily in all provinces...

Neuroplasticity

Posted on January 13, 2011
Within hours of the unconscionable shooting of Democratic Congresswoman Gabrielle Giffords, the discussion turned to Giffords' prognosis. The phrase ‘cautiously optimistic' smattered the evening newscasts. In Giffords' favour is a wealth of research indicating that undamaged areas of the brain can compensate for damage to brain areas that control language, movement, and even memory and attention...

Dependant Support Expanded

Posted on January 12, 2011
Just one month after I blogged about a B.C. Supreme Court Judge who varied a father's Will to undo the exclusion of his four daughters in favour of his only son, another B.C. Court judge has reportedly varied the Will of a deceased mother, Mrs...

Judicial Mediation

Posted on January 11, 2011
Mediation is a large part of an estates practice, particularly in Toronto where it is mandatory. It is a critical process that often leads to faster and more cost-effective resolutions than trial litigation. Finding the right mediator, who is also available to mediate when you need it to happen, is not always easy...

Elizabeth Edwards' Will

Posted on January 10, 2011
Elizabeth Edwards sadly passed away last month at the age of 61 after her battle with breast cancer. It has been reported that she made a new will shortly before her death. Apparently, the new Will dated December 1, 2010 divides her assets among her three living children and appoints her eldest, Catherine, as executor...

Reminder - 2011 Award of Excellence Nominations

Posted on January 07, 2011
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 Hilary Laidlaw 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...

Hull and Hull LLP Breakfast Series - January 13, 2011

Posted on January 06, 2011
Today's blog is a reminder that Hull and Hull LLP has another of its Breakfast Series on January 13, 2011. The Breakfast Series provides members of the bar with presentations on topics of importance to estate practitioners. At the January 13th Breakfast Series, Ian Hull will present on 'Protecting as Estate from Unjust Enrichment Claims ' while Rick Bickhram will present on 'Guardianship – What Is It and What Is Required' and I will present on 'A Review of Recent Trust Case Law '...

Mild Cognitive Impairment - A Crystal Ball?

Posted on January 05, 2011
In the grey zone between benign forgetfulness associated with normal, healthy aging and the memory loss associated with Alzheimer's Disease (AD), lies an intermediary condition known as mild cognitive impairment, or MCI. A person with MCI will experience greater memory problems than would be expected for his or her age and education, but would not suffer from the pronounced personality changes or cognitive problems (e...

Looking Forward to 2011

Posted on January 04, 2011
I hope everyone had great holiday season. With the close of 2010, we turn and look to the promise of 2011. In looking ahead to 2011 many may wonder if they have properly protected and provided for those they intend to protect should something unexpected happen to them...

Subset of a Dependent Support Claim - Hull on Estates #234

Posted on January 04, 2011
Listen to: Subset of a Dependent Support Claim This week on Hull on Estates, Nadia Harasymowycz and David Smith discuss the subset of a dependent support claim, which is a claim that is advanced by an estranged spouse. For more information on this topic, please see the article in the December issue of The Probater entitled 'When is Dependant's Support Paid to an Estranged Spouse?' by David Smith...

Blog In Review

Posted on December 30, 2010
In this our very last blog of the year, we thank all our readers the far and the near. The privilege of writing our blogs for you all, has been all of ours and we hope that you call or email or write so that we may hear what you wish us to cover for the coming new year...

JusticeNet

Posted on December 29, 2010
Some say our legal system is for the rich or the poor but not for those in between. Now there is a service that fills the gap by helping people in need of legal expertise whose income is too high to access legal aid and too low to afford standard legal fees...

Happy Holidays

Posted on December 23, 2010
This is my last blog of 2010. I want to take this opportunity to thank you for reading our blogs over the past year. We hope that they have been informative, enlightening, thought-provoking, amusing, or all of the above. On behalf of Hull and Hull, I can say that we have enjoyed the privilege of speaking to you through our blogs...

Looking at Success

Posted on December 22, 2010
An article in the Toronto Star reports on a recent study conducted by psychologist Nicholas Rule entitled 'Judgments of power from college yearbook photos and later career success', and published in the journal Social Psychological and Personality Science...

Estate Assets?

Posted on December 21, 2010
Two recent news stories had me thinking about the nature of assets of an estate. The first story is about the sale of Lee Harvey Oswald's coffin. John F. Kennedy's assassin's coffin was sold recently at auction for $72,890 plus commissions (just in time for Christmas?)...

Reflections - Hull on Estates #233

Posted on December 21, 2010
Listen: Reflections This week on Hull on Estates, Julia Evans and Craig Vander Zee discuss the upcoming New Year and what one can do in respect to estate plans, such as Wills and power of attorneys. If you have any comments, send us an email at hull...

Funny,Yet Sad

Posted on December 20, 2010
I laughed. I cried. The judgment of Justice Quinn in Bruni v. Bruni, 2010 ONSC 6568 (CanLII), released November 29, 2010, may be one of the best judicial reads of the year. In granting judgment in what was likely a very frustrating and trying custody/access case, Justice Quinn bluntly calls things as he sees them, revealing a very ugly court battle waged by the parties...

Great Holiday Gift Idea

Posted on December 17, 2010
For my final blog before the Holidays I thought I would let you in on what could be a great little gift-giving idea for those of us out there who love to tweet, text and dial on the run. Presenting…drum roll…Twittens! Twittens are fleece gloves that have a removable hood for the index finger and thumb, and grip pads on the palm and some fingers to avoid those nasty drops that can damage your phone...

An Investment Bankers' Last Wish

Posted on December 16, 2010
I have to shamefully admit that I haven't always had a great grasp of my investments. I distinctly recall that most meetings with my financial advisor involved me nodding dutifully when he explained why I needed to invest more in this stock and less in another...

What's on your 'Top Ten of 2010'?

Posted on December 15, 2010
As the year is winding to a close, award season is on the brink, and the television guide seems cluttered with many 'top ten of 2010' titles. I know that I was drawn into the Barbara Walters special last week where she counted down the 'Top Ten Most Interesting People of 2010...

Mutual Wills - Hull on Estates #232

Posted on December 14, 2010
Listen to: Mutual Wills This week on Hull on Estates, Paul Trudelle and Rick Bickhram discuss a recent case out of the B.C. Supreme Court that applies the mutual Wills doctrine and discusses what Will be needed in order to find a mutual Wills agreement...

Morrison Pardoned Posthumously

Posted on December 14, 2010
Jim Morrison, lead singer of the Doors, died nearly 40 years ago in Paris at the young age of 27. His musical legacy and his infamy have remained relevant since that time so much so that Governor Charlie Crist of Florida, recently advocated on Morrison's behalf...

How to Deal with Being in Control of Your Parents' Money

Posted on December 13, 2010
The Toronto Star recently published an article which provided some useful tips on how to assist your parents if they have asked you to help with their finances or if you have been given their Power of Attorney. With an aging population, it is likely that many of us will find ourselves assisting our parents in some way...

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