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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

Variation of Trusts - Hull on Estates Podcast #127

Posted on September 09, 2008
Listen to Variation of Trusts Craig Vander Zee and Bianca La Neve discuss variation of trusts, with an emphasis on the Variation of Trusts Act and approval of variations of trusts on behalf of minor, unascertained, unborn or contingent beneficiaries. The well-known case of R...

25, 72, 44, 6 and 24 - not your weekend lottery numbers

Posted on September 08, 2008
My wife has a not-so-secret crush on Dr. Sanjay Gupta. In late May, three and a half months prior to 72 yr old John McCain's shocking selection of his 44 yr old running mate, my wife caught a Dr. Gupta special on CNN called "The First Patient"...

More on McAllister - the Removal of a Trustee

Posted on September 05, 2008
Yesterday I blogged on the decision in McAllister v. Hudgin and the issue of when and how a trustee has a duty to account. In its decision, the court also considered the removal of a trustee. In McAllister, the applicant had argued that the trustee was in a conflict of interest...

To What Extent Must an Attorney Keep Accounts?

Posted on September 04, 2008
The recent decision in McAllister Estate v. Hudgin provides a helpful review of the nature of a trustee’s duty to account. In McAllister, the Deceased named her daughter as her estate trustee and divided the residue of her estate between her daughter and her son...

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"Jewish Clause" Causes Family Fued

Posted on September 03, 2008
A recent case in the United States explored the effect of a provision in a will that disinherited beneficiaries who married outside their religion. In re Estate of Max Feinberg involved a Jewish dentist who, in his will, had established a testamentary trust to divide his assets...

Helmley's Dog Trouble Forced to Get by on Less

Posted on September 02, 2008
As I have blogged about before, when Leona Helmsley died, she left a $12 million trust for the benefit of her beloved Maltese, Trouble. After her death, Trouble’s guardians designated in Ms. Helmsley’s will declined to act, and the general manager from one of her hotels agreed to step up and fulfil the role...

Tracking Down Heirs - Hull on Estates #126

Posted on September 02, 2008
Listen to Tracking Down Heirs This week on Hull on Estates, Diane Vieira and Rick Bickhram discuss the issue of when an estate trustee is responsible to search for potential heirs to an estate. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Will Challenge Litigation - Part 3 - Hull on Estate and Succession Planning

Posted on September 02, 2008
Listen to Will Challenge Litigation - Part 3 This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step. They discuss what happens during the Discovery process and explore what Mediation is and how it works...

To Vary a Trust or Not to Vary a Trust: Does a Statute have an Answer?

Posted on August 29, 2008
Those wishing to vary a trust in Ontario, can look to the Variation of Trusts Act (R.S.O. 1990, c. V.1) (Act) for the authority to do so. Although the Act is surprisingly only one section in length, don’t let the length fool you. Essentially, the Act permits the Court to approve a variation of a trust under a will, settlement or other disposition on behalf of minor, unascertained, unborn or contingent beneficiaries if the variation, in the words of the Act, “appears to be for the benefit” of those persons...

Son Wants Nazi Father Declared Dead

Posted on August 28, 2008
The son of the notorious Nazi criminal Aribert Heim wants his father declared dead so that he and his siblings can manage his father’s assets. Aribert Heim fled Germany in 1962 when a warrant was issued for his arrest. The Simon Wiesenthal Centre has been tracking him since that time but has never captured him...

Re McMichael Estate: Clarifying Jurisdiction Issues

Posted on August 27, 2008
A new Ontario decision, Re McMichael Estate confirms the need for estate trustees to seek relief in the jurisdiction where the testator resided at the time of their death. The background to the case is as follows. The wife died in Toronto. She was predeceased by her husband who died in Orangeville...

Will Challenge Litigation - Part 2 - Hull on Estate

Posted on August 26, 2008
Listen to Will Challenge Litigation - Part 2 This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step. They cover how a comprehensive preliminary investigation can help litigation and discuss how a motion of claim is filed to set the stage to move forward with a trial...

Estate Planning for the Newly Separated Spouse - Hull on Estates Podcast #125

Posted on August 26, 2008
Listen to Estate Planning for the Newly Separated Spouse This week on Hull on Estates, Ian and Suzana bring us up to date on what has been happening at Hull and Hull over the summer. Jordan Atin appeared on Canada AM to talk about how to avoid The Family War...

The Lord Beaverbrook Saga Continues

Posted on August 26, 2008
Previously, David Smith has blogged on the dispute between the Beaverbrook Art Gallery in Fredericton, New Brunswick and the Beaverbrook U.K. Foundation with respect to the ownership of the paintings and sculptures owned by the late Lord Beaverbrook. Click here to read about the background to this dispute and here to read about the costs awarded to the gallery...

Finding Legal Information Online

Posted on August 25, 2008
An abundance of legal information is available online and a new customized search engine that searches for content from law firms has become available. We often begin a search for online information by searching Google or a similar general search engine...

The Olympics from a Legal Perspective

Posted on August 22, 2008
The Beijing Olympic Games come to a close this weekend and the international sports community turns their attention to the 2010 Vancouver Games and the 2012 London Games. The Olympics inspire a multitude of feelings and generate a healthy amount of debate...

Just Because You Say So Doesn't Make It So

Posted on August 21, 2008
The approach taken in claims by or against the heirs, next of kin, executors, administrators or assigns of a deceased can differ from other types of legal proceedings simply because the requirements of Section 13 of the Ontario Evidence Act. Section 13 states: In an action by or against the heirs, next of kin, executors, administrators or assigns of a deceased person, an opposite or interested party shall not obtain a verdict, judgment or decision on his or her own evidence in respect to any matter occurring before the death of the deceased person, unless such evidence is corroborated by some other material evidence...

Passing of Accounts and Conflicts of Interest

Posted on August 20, 2008
On a contested passing of accounts, counsel may be requested to represent two or more clients, such as multiple beneficiaries of an estate or co-estate trustees. In such cases, it is critical to ensure that a conflict of interest does not exist. When counsel first meets with potential multiple clients their respective interests may well be perfectly aligned and identical and it may not appear that there is a potential conflict of interest...

Upcoming Continuing Legal Education Events

Posted on August 19, 2008
There are several interesting continuing legal education (CLE) events coming up in September and October 2008 that I wanted to mention as summer draws to a close and we look to the fall. One is an Ontario Bar Association (OBA) full day program on September 23, 2008 commencing at 9:00 a...

Passing of Accounts and a Joint Retainer - Hull on Estates #124

Posted on August 19, 2008
Listen to Passing of Accounts and a Joint Retainer This week on Hull on Estates, Craig Vander Zee and David Smith discuss conflicts of interest during Passing of Accounts trials and rules of professional conduct. Comments? Send us an email at hull...

Will Challenge Litigation - Part 1 - Hull on Estate and Succession Planning

Posted on August 19, 2008
Listen to Will Challenge Litigation - Part 1 This week on Hull and Estates, Ian and Suzana kick off their new video format.This podcast is an audio version of the video podcast that is available on YouTube here: http://www.youtube.com/watch?v=udEcTpLFIkk This week's episode also marks the beginning of a new segment that tackles Will Challenge Litigation step-by-step...

Day Eleven of the Olympics and Counting

Posted on August 18, 2008
Today, if I have my count right, is day eleven of the Olympics. For certain, the Olympics stimulate debate on a spectrum of important social, political, economic and, of course, athletic issues of our time. I do not intend to touch upon those debates...

RULE 38.10 - TRIAL OF AN ISSUE

Posted on August 15, 2008
Many estate litigation proceedings start by way of an application. However, from a practical and legal standpoint, contentious applications should be converted to a trial of an issue(s). Where the parties agree that credibility is at the heart of an application, a trial is warranted...

"I HAVE A DREAM" (OR NOT) - ESTATE LITIGATION UNCHECKED

Posted on August 14, 2008
The superrich likely have the market cornered when it comes to epic estate battles - Howard Hughes, J. Howard Marshall (i.e. Anna Nicole Smith), and E. Howard Hunt (of silver fame) - quickly come to mind. However, even the mildly famous or sainted can have their moment in the estate spotlight...

The Lion of Africa - An Evolving Legacy

Posted on August 13, 2008
I suppose that there are three ways to approach estate planning: (1) do nothing; (2) plan for the efficient and effective administration of one’s estate; or (3) create a legacy. Creating a legacy is by far the most romantic, but, in fairness, often requires a considerable amount of wealth (though that too is changing with private and community foundations)...

The Golubchuk Case and the Health Care Consent Act - Hull on Estates #123

Posted on August 12, 2008
Listen to the Health Care Consent Act.This week on Hull on Estates, Megan Connolly and Sean Graham review the Golubchuk case out of Manitoba and discuss the Health Care Consent Act of Ontario.Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Deductions from Compensation - Hull on Estates and Succession Planning Podcast #125

Posted on August 12, 2008
Listen to Deductions from Compensation.This week on Hull on Estates and Succession Planning, Ian and Suzana finish up the discussion on the question of accounting by reviewing deductions from compensation and briefly sum up the procedure of the passing of accounts...

Guardianship Applications: Strong and Compelling Evidence

Posted on August 12, 2008
I am often approached by clients who are anxious to replace a relative’s attorney for property or personal care on the basis that the attorney is a non-family member or simply not up to the job. Many family members feel it is their right to take over the guardianship of a relative, especially a loved one...

Interim Cost Awards

Posted on August 11, 2008
Welcome to my week of blogs.An issue that can crop up in estate litigation is whether a party is entitled to interim payment of costs payable out of the estate. The reason for such an order is to fund litigation, such as a will challenge, out of the largesse of the estate...

The Power of the Public Guardian and Trustee

Posted on August 08, 2008
Last night, I overheard a distressed woman confiding to a friend about a relative who was declared incapable of managing her property. The Public Guardian and Trustee (“PGT”) had stepped into her shoes to take control and to care for her property...

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