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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

Protecting a Trustee from Liability (Part I)

Posted on March 09, 2009
A trustee, whether incoming or outgoing, needs to be aware of and consider his or her potential liability as trustee and over the administration of the trust. The trustee's conduct may be protected, limited or exonerated by the terms of the trust, statute, an Order relieving the trustee of liability, the existence or provision of releases or indemnities, a passing of accounts, the conduct of the beneficiaries, whether indirect or direct, and/or the assistance of the Court...

Assisting our Elderly

Posted on March 06, 2009

Leona Helmsley's Charitable Trust

Posted on March 05, 2009

Amendments to the Rules of Civil Procedure

Posted on March 04, 2009

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Amendments to the Rules of Civil Procedure - Episode #152

Posted on March 04, 2009

The Appointment of an Estate Trustee During Litigation

Posted on March 03, 2009

The Estate Freeze - Part 2 - Hull on Estate and Succession Planning #153

Posted on March 03, 2009

The Estate Freeze - Part 2 - Hull on Estate and Succession Planning #154

Posted on March 03, 2009
Listen to The Estate Free - Part 2 This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on Estate Freezes and discuss the rights that shareholders have. If you have any comments, send us an email at hullandhull@gmail...

The Concept of Capacity

Posted on March 02, 2009

All The News...

Posted on February 27, 2009

Due Regard to the Presumption of Due Execution

Posted on February 26, 2009
The recent England and Wales Court of Appeal decision in Olins v. Walters [2008] EWCA Civ 782 gained some degree of notoriety among British legal observers. This Mutual Wills case was notable for its clear pronouncement that a constructive trust is impressed on the estate of the first testator to die during the lifetime of the second testator...

The Case for a Guardian

Posted on February 25, 2009
With the remarkably cold January (and now February) we have experienced, it is sadly inevitable that there may be seniors who fall victim to the elements. However, a recent web posting regarding a 93 year-old WWII vet who died of hypothermia in his own home after the power was cut off is simply tragic...

Will Drafting: Art or Science?

Posted on February 24, 2009
The March 2009 issue of Vanity Fair includes an interesting (albeit cheeky) article entitled "Final-Exit Strategies." Citing such works as Tuesdays with Morrie and The Last Lecture, the article notes the recent prevalence of works of fiction and non-fiction that are written from the perspective of someone contemplating their own imminent demise...

Protection For a Trustee Against Personal Liability - Episode #151

Posted on February 24, 2009
Listen to Protection For a Trustee Against Personal Liability. This week on Hull on Estates, Craig Vander Zee and Bianca La Neve discuss protection for a trustee against personal liability. There are a variety of ways that protection is afforded to a trustee against liability, such as exculpatory clauses in trust documents, various provisions of the Trustee Act, passing of accounts, and releases by beneficiaries and/or third parties...

The Estate Freeze - Hull on Estate and Succession Planning #153

Posted on February 24, 2009
Listen to The Estate Freeze This week on Hull and Estate and Succession Planning, Ian and Suzana discuss the estate freeze, what it is and why people would do typically do that in their estates. If you have any comments, send us an email at hullandhull@gmail...

Limitations of the Mini-Mental Status Examination

Posted on February 23, 2009
The Mini-Mental Status Examination (MMSE) is a quantitative measure of cognitive status in adults. Since its creation in 1975, the MMSE has become the most widely used standardized cognitive screening test in both clinical practice and research. As a screening tool, the MMSE can have limitations, some of which are outlined here: · Interestingly, the MMSE was never actually designed for diagnosis of dementia; rather it was to be used as ‘a practical method for grading the cognitive state’ (Folstein et al...

Powers of Attorney for Personal Care ("POA for PC")

Posted on February 20, 2009
In a paper recently given by Mark Handelman, he comprehensively reviewed POA for PC, which document, he notes, is more often prepared as an afterthought to the Will and POA for Property package - too frequently granted without serious discussion between lawyer and client and between client and proposed attorneys...

Conflicts of Laws and Dependants' Relief

Posted on February 19, 2009
When advancing a dependant support claim, it is important to determine where the deceased person was domiciled[1] at death. Under the former dependants’ relief legislation (Dependants’ Relief Act, R.S.O. 1970, c. 126) the court could only make orders for dependant support in cases where the deceased died domiciled in Ontario...

Can an Independent Adult Child be Entitled to Dependant Support?

Posted on February 18, 2009
The Succession Law Reform Act permits dependant support claims to be brought by a spouse, sibling, child and parent of a deceased. In order to qualify as a “dependant”, however, a spouse, parent, child or sibling must be someone to whom the deceased: (a) was providing support immediately before death; or (b) was under a legal obligation to provide support immediately before death...

The Decision of Frye vs. Frye - Hull on Estate and Succession Planning #152

Posted on February 18, 2009
Listen to The Decision of Frye vs. Frye. This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the decision of Frye vs. Frye. In this case the court of appeal struggled with two competing documents. This created problems because there was a will issue that did not match up to the shareholders agreement that was created...

Delirium and Dementia - Untangling the Facts

Posted on February 17, 2009
Delirium and dementia – are they different? Indeed, delirium and dementia are very different and have different diagnostic criteria, although just to muddle the discussion, these syndromes can occur concurrently. Delirium The word ‘delirium’ is derived from the Latin term delirare meaning ‘off the track’...

Insolvency issues when dealing with estates - Episode #150

Posted on February 17, 2009
Listen to Insolvency issue when dealing with estates. This week on Hull on Estates Ian Hull and Suzana Popovic-Montag discuss insolvency issues and banking issues when dealing with estates now that we are in a more uncertain economy. Feel free to send us an email at hull...

Just Do It

Posted on February 13, 2009
Tomorrow is Valentine’s Day, which means I am about to become the lucky recipient (insert sarcasm here), once again, of ‘subway flowers’. Call me a cynic, but I don’t consider subway flowers to be the hallmark (oooh – good pun) of advanced planning...

Claim of Devastavit against an Estate Trustee

Posted on February 12, 2009
A claim of devastavit may be made against an estate trustee where mismanagement of estate assets is suspected. Black’s Law Dictionary (seventh edition) provides the following definition for devastavit: A personal representative’s failure to administer a decedent’s estate promptly and properly, especially by spending extravagantly or misapplying assets...

How Capacity Can Impact on Efforts to Create a Decision Making Tree - Hull on Estate and Succession Planning #151

Posted on February 12, 2009

Mareva Injunctions in Will Challenge Proceedings

Posted on February 11, 2009
A Mareva injunction is a court order that freezes the assets of individuals or companies. It can be obtained without notice to the target individuals and/or companies and can then be extended on notice. Mareva injunctions are usually employed in civil actions, typically situations involving fraud, where a plaintiff seeks to prevent a defendant from dissipating assets or removing them from the jurisdiction, pending final determination of the plaintiff’s action...

Tucker and Tucker Estate Will Challenge - Episode #149

Posted on February 10, 2009
Listen to Tucker and Tucker Estate Will Challenge This week on Hull on Estates Megan Connolly and Paul Trudelle discuss a decision that was released on January 21, 2009 on the Tucker and Tucker estate, involving a will challenge. The sole issue was whether or not this particular will was valid...

Will-ful and Wantin': 2009 OBA Institute - Trusts and Estates Section

Posted on February 10, 2009
This year’s trusts and estates section of the Institute was held on Tuesday, February 3, 2009. The programme featured a broad and interesting selection of topics by experienced practitioners. Topics included: Estate planning for ‘complex’ families Environmental liability issues for trustees, executors, attorneys and guardians Family law surprises Conflict of laws in cases of multi-jurisdictional families and their assets Developments in costs in estates and capacity litigation Trustee mistakes Rights of adult beneficiaries to receive support Capacity assessments Power of attorney pitfalls The programme was informative and insightful and a great opportunity to meet and speak with leading estate practitioners...

Strokes - An Overview

Posted on February 09, 2009
There is a common misconception that strokes are almost formulaic in nature; sort of a one-size-fits-all approach to causes and outcomes. This is actually far from the truth. Here’s a quick anatomy refresher: Strokes are either ‘ischemic’ in origin (i...

Trillium Gift of Life Network Act: Donation of the Body or Body Parts

Posted on February 06, 2009
Normally, it is the estate trustee who has the authority to deal with the disposition of the deceased’s remains. A deceased’s stated wishes with respect to disposition, including donation, are seen as merely precatory. However, Ontario’s Trillium Gift of Life Network Actvaries this usual authority, in a number of respects...

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