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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

Strategies to Reduce Probate Tax

Posted on April 03, 2009
One of the essential objectives of estate planning is to reduce the amount of probate tax payable on your death. Ontario has a higher rate of probate tax than many other jurisdictions in Canada - it amounts to approximately 1.5% of the value of the assets in the estate (excluding real estate outside of Ontario and other exempt assets that pass to a named beneficiary or by right of survivorship)...

Jurors Turn to Web and Cause a Mistrial

Posted on April 02, 2009
We have become information junkies - with a vast world of knowledge accessible in seconds by a tap of your finger on your computer, BlackBerry or iPhone. Most would agree that this is a good thing - a great thing - most of the time. But how about in the courtroom - during a trial? What is fascinating about this scenario is the convergence of two very distinct ideals - judicial procedure and tradition on the one hand, with the emerging benefits of readily available (and accessible) technology on the other...

Simplified Section 116 Clearance Certificate Procedures

Posted on April 01, 2009
New Canadian tax rules, as they pertain to the sale of property by non-residents, came into effect at the beginning of 2009. The new procedures aim to further simplify the current clearance certificate process (which was already "simplified" back in 2007 to avoid unnecessary delays - see David Smith's Bar-Ex commentary in 2007 on this issue here and on our blog)...

The Positive Side of the Second Marriage - Hull on Esate and Succession Planning #158

Posted on April 01, 2009
Listen The Positive Side of the Second Marriage This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the positive side of the second marriage from a planning standpoint with a focus on capacity planning. They discuss both property and personal care...

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Estate Needs and Will Needs for Someone With a Dependent - Episode #156

Posted on April 01, 2009
Listen to Estate Needs and Will Needs for Someone With a Dependent This week on Hull on Estates, Jonathan Morse and Sarah Fitzpatrick present and mock client situation in which they discuss the estate needs and will needs for someone with a dependednt...

Estate Needs and Will Needs for Someone With a Dependant - Episode #156

Posted on April 01, 2009
Listen to Estate Needs and Will Needs for Someone With a Dependant This week on Hull on Estates, Jonathan Morse and Sarah Fitzpatrick present and mock client situation in which they discuss the estate needs and will needs for someone with a dependant...

Connect, Share & Inspire - MESH

Posted on March 31, 2009
It's time to "mesh" again! Canada's leading web conference is being held in Toronto on April 7th and 8th of 2009. As many of our readers may already be aware, mesh has proven to be Canada's most exciting, informative and interactive web conference, attracting a host of keynote speakers...

Can I take that back?

Posted on March 30, 2009
While confessing your sins on your deathbed may seem like a noble gesture, you would be wise to make sure you're actually going to die first. In a recent story reported in the UK's Independent website, a stroke victim's 'deathbed' confession to a murder proved premature...

Houdini's Final Escape?

Posted on March 27, 2009
Following up on Jennifer Hartman's excellent blog on Harry Houdini's life and death, I came across information relating to the proposed exhumation of Harry Houdini. In March 2007, his grandnephew announced that he was seeking to have Houdini's body exhumed in order to determine the true cause of death...

To Whom is an Award of Costs Payable?

Posted on March 26, 2009
This question is considered in the recent decision of Re Balanyk Estate, 2008 CanLII 63161 (Ont. S.C.). There, the Applicant was successful in resisting a motion to dismiss her claim for dependant support. Costs were awarded to the Applicant, payable out of the estate...

Court Proceedings Involving the Substitute Decisions Act and the Health Care Consent Act - Episode #155

Posted on March 25, 2009
Listen to Court Proceedings Involving the Substitute Decisions Act and the Health Care Consent Act This week on Hull on Estates Diane Vieira and Bianca La Neve discuss some issues they've been encountering concerning court proceeding involving the Substitute Decisions Act and the Health Care Consent Act...

Obituary TV

Posted on March 25, 2009
On February 26, 2009, the Canadian Radio-television and Telecommunications Commission ('CRTC') approved an application for a French-language specialty programming service that would be dedicated to the broadcast of obituary notices, notices of hospitalization and messages of thanks and prayers...

Taking His Secret to the Grave

Posted on March 24, 2009
I think that in a year I may retire. I cannot take my money with me when I die and I wish to enjoy it, with my family, while I live. - Harry Houdini, Magician and Escapologist When I was around 6 or 7 years old, I was unequivocally obsessed with Harry Houdini...

Managing Disputes That Arise From Second Marriages - Hull on Estate and Succession Planning #157

Posted on March 24, 2009
Listen to Managing Disputes That Arise From Second Marriages This week on Hull on Estate and Succession Planning, Ian and Suzana discuss managing family disputes that arise out of second or third marriage relationships. If you have any comments, send us an email at hullandhull@gmail...

Advance Directives: Do Not Resuscitate Orders

Posted on March 23, 2009
One form of Advance Directive is the Do Not Resuscitate Order, commonly referred to as a DNR Order, or simply a DNR. It is a written order, signed by a medical professional, indicating one's desire that lifesaving measures not be initiated if one were to stop breathing or if one's heart has stopped...

Will Manitoba Give Inheritance Rights to Posthumously Conceived Children?

Posted on March 20, 2009
The Manitoba Law Reform Commission has recently recommended that legislation be put into to place to give children who are artificially conceived after a parent's death the same rights to the parent's estate as children who were already living. The impetus behind the recommendation is the growing use of artificial conception techniques and the recently new possibility of conceiving a child after a partner's death...

Death and Taxes and RRSPs (Oh My!)

Posted on March 19, 2009
The tax treatment of RRSPs on an annuitant's death is something that often confuses (and perplexes) beneficiaries of an estate. I've seen more than one situation where the residual beneficiaries of an estate are distressed to find out that the estate is picking up the tax bill for an RRSP being transferred to a named beneficiary…the argument being that they, as residual beneficiaries, should not have to pay taxes associated with funds be transferred to someone else...

Feeling Young? You May Be Older than You Think

Posted on March 18, 2009
I keep hearing from my mother and her friends that 60 is the new 40. However, as it turns out, 27 might be the new 65 and those of you who have been thinking that you are getting smarter as you get older could well be mistaken. A study performed by researchers at the University of Virginia indicates that mental agility peaks around the age of 22 and starts to decline around the age of 27...

The Legal and Substantive Roll of the Executor - Episode #154

Posted on March 18, 2009
Listen to The Legal and Substantive Roll of the Executor This week on Hull on Estates Ian Hull and Suzana Popovic-Montag discuss the legal and substantive roll of the executor at the time of death. They focus on the question of wqho has right and control over the body and refer to the 2001 decision of Sopinka vs...

The Drafting of Wills -Part 2 - The Specifics of Charitable Giving - Hull on Estate and Succession Planning #155

Posted on March 18, 2009
Listen to The Drafting of Wills -Part 2 - The Specifics of Charitable Giving This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin continue their discussion on the drafting of wills and take a closer look at the specifics of charitable giving...

The Drafting of Wills -Part 2 - The Specifics of Charitable Giving - Hull on Estate and Succession Planning #156

The Legal and Substantive Role of the Executor - Episode #154

Posted on March 18, 2009
Listen to The Legal and Substantive Role of the Executor This week on Hull on Estates Ian Hull and Suzana Popovic-Montag discuss the legal and substantive role of the executor at the time of death. They focus on the question of who has right and control over the body and refer to the 2001 decision of Sopinka vs...

Considerations in Determining Dependant Support

Posted on March 17, 2009
The recent decision in Wilson v. DeBonis (Estate) involved the dependant support claim brought by the deceased's common law spouse and is a useful example of factors the court will consider when determining whether to order support. The deceased left a will in which he made a bequest to his son, and gave the applicant a life interest in the condo (at her death or when the condo was sold, the deceased's share of the condo was to pass to his grandchildren) and the residue of his estate...

Meet the Newest Frontier in Debt Collecting: The Dead

Posted on March 16, 2009
When someone dies, they generally don't get to take their debts to the grave. Outstanding debts, such as bills and loans, remain just that…outstanding. And just because the debtor is now gone, does not mean the creditors are going to be forgiving...

Protecting a Trustee from Liability (Part V)

Posted on March 13, 2009
My blog today is the last in my series this week on protecting a trustee from potential liability. A trustee may be protected from potential liability based on the conduct of the beneficiaries themselves or by having sought the assistance of the Court...

Protecting a Trustee from Liability (Part IV)

Posted on March 12, 2009
Today's blog will continue my series this week on protecting trustees from potential liability. A trustee may incur personal liability arising from his or her administration of the trust. The provision or existence of a release and/or indemnification in favor of the trustee may protect, limit or exonerate the trustee from liability...

Protecting a Trustee from Liability (Part III)

Posted on March 11, 2009
Today's blog is a continuation of my series this week on protecting a trustee from potential liability. Perhaps the best way for an outgoing trustee (and/or new trustee) to limit any liability that may be visited upon him/her/them as a result of the administration of the trust (or to the date of his or her retirement, removal and replacement) is for the trustee and his or her co-trustees, if any, to pass their accounts...

Powers of Attorney for Personal Care - Episode #153

Posted on March 11, 2009
Listen to Powers of Attorney for Personal Care This week on Hull on Estates Diane Vieira and Natalia Angelini discuss powers of attorney for personal care. They refer to a paper by Mark Handelman on the subject. They point out that even though powers of attorney often garners less attention and is the subject of less disputes that it should still be carefully thought out...

Protecting a Trustee from Liability (Part II)

Posted on March 10, 2009
Today's blog is part II in my series this week regarding the protection that may be available to a trustee against potential liability. Apart from the provisions of the trust document itself, a trustee's potential liability may be protected, limited or exonerated in a number of ways by statute...

The Drafting of Wills - Hull on Estate and Succession Planning #155

Posted on March 10, 2009
Listen to The Drafting of Wills This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin discuss drafting wills and some of the more personal aspects of it such as family matters and charitable giving. If you have any comments, send us an email at hullandhull@gmail...

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