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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

Billionaires Commitment to Giving Back Starts Now

Posted on December 10, 2010
In August, I blogged on the 'Giving Pledge', a moral promise, made by the extremely wealthy to give away half of their wealth in their lifetime or at their death. This past Wednesday, December 8, 2010, the founders of the Giving Pledge announced in a press release that they have received 17 more pledges...

Parents' Wills Can't Exclude Children?

Posted on December 08, 2010
A recent article discusses a decision coming out of the British Columbia Supreme Court, where a father's Will is varied to undo the exclusion of his four daughters in favour of his only son. In his ruling, Mr. Justice Randall Wong noted that the father demeaned his daughters and was 'a racist whose will and personality dominated his family...

Estate Trustees Beware!

Posted on December 07, 2010
When I think about the trend in case-law surrounding costs generally, I would expect that any well-advised named estate trustee would think carefully about taking on the job. This thought was reinforced when I read the decision of DeLorenzo v. Beresh...

Donations on the Decline

Posted on December 06, 2010
I was surprised to learn from a recent article in the Globe and Mail that the number of Canadians making charitable donations is in sharp decline. Figures recently released by Statistics Canada highlight a worrying trend for charities. These figures reportedly show total donations dropped to $7...

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iWill?

Posted on December 03, 2010
There is now an app for your iphone/ipod/ipad that will allow you to write your own Will. The "Auto Will" app, available from iTunes for $7.99 Cdn., purports to produce a basic Will that is valid in England, Wales and Northern Ireland. AutoWill Users fill in information into a form relating to the date of the will, executors, witnesses, specific and residual gifts (with options for conditions on the gifts, such as age), and funeral wishes...

Loan or Gift?

Posted on December 02, 2010
This question surfaces quite regularly in the context of estate administration. Did the deceased advance funds to an individual with the intention that they be repaid, or was the advance a gift? This very question is the subject of the recent, instructive ruling of Justice Brown in Colangelo v...

Pat Burns Memorabilia Stolen

Posted on December 01, 2010
We see a lot in this area of the law. Often, what we see reflects humanity when it is not at its most exemplary. Squabbling family members; the elderly being taken advantage of; survivors turning their backs on commitments they made to the deceased: estate litigation can have it all...

Preparing for Trial - Hull on Estates #231

Posted on November 30, 2010
Listen to: Preparing for Trial This week on Hull on Estates, Nadia Harasymowycz and Natalia Angelini discuss preparing for trial, specifically when doing a Will challenge. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog...

On-Line Education

Posted on November 30, 2010
One of the objectives of our Hull and Hull blogs and podcasts is to contribute to the pool of educational material available on-line. Recently, I was referred to the Khan Academy, a wonderful website which is also spreading education through the internet on a broad scale...

Interesting and InformativeBooks - Hull on Estates and Succession Planning #218

Posted on November 29, 2010
Listen to: Interesting and Informative Books This week on Hull on Estates and Succession Planning, Ian and Suzana discuss what they are currently reading for business and pleasure. Some of the books they discuss are: ... The 50 Biggest Estate Planning Mistakes ...

Passing the Damm Accounts: Proper Format for Accounts of a Guardian

Posted on November 29, 2010
In the matter of Estate of Divina Damm, 2010 ONSC 5119 (CanLII), Justice Brown reflected on the form of accounts to be used upon the filing of an application by a guardian for property to pass accounts. Justice Brown noted that in passing accounts of a guardian, s...

Antle v. The Queen - Appeal Dismissed by the Federal Court of Appeal

Posted on November 26, 2010
The case of Antle v The Queen, 2009 TCC 465, 2010 FCA 280 (Can LII) ('Antle') has been a much talked about decision. The appeal to the Federal Court of Appeal was dismissed just recently, on October 21, 2010. Antle deals with the legality of a 'capital property step-up strategy' whereby capital property with an accumulated gain (shares in a company) was shifted from the husband to a Barbados spousal trust...

So You Wish To Vary A Trust

Posted on November 25, 2010
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, do not 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...

Videchak v. Giarratano - An exception to Pecore v. Pecore?

Posted on November 24, 2010
Today's blog looks at the case of Videchak v. Giarratano, 2009 CanLII 29914 (Ont. S.C.), which deals with, amongst other things, the common situation of an adult child holding assets jointly with a parent. Pecore v. Pecore, [2007] 1 S.C.R. 795 (S.C.C...

2011 Award of Excellence

Posted on November 23, 2010
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...

Remedies for Breach of Duty by an Attorney for Property - Hull on Estates #230

Posted on November 23, 2010
Listen to: Remedies for Breach of Duty by an Attorney for Property This week on Hull on Estates, David Smith and Julia Evans discuss remedies for breach of fiduciary duty by attorneys for property acting on behalf of their incapable grantors. If you have any comments, send us an email at hull...

Encouraging Your Parents to Discuss Their Financial Matters

Posted on November 22, 2010
Having an open conversation with your parents about their financial matters and the importance of estate planning is never an easy task. Medical studies have indicated that people who have lived through the Great Depression prefer to keep their financial affairs to themselves...

Coping with the Stress of Practice

Posted on November 19, 2010
The Women's Law Association of Ontario hosted a work and wellness luncheon with the Ontario Lawyer's Assistance Program at the Ontario Bar Association yesterday afternoon. The guest speaker, Naomi Nurgitz, an experienced lawyer and mediator, delivered an interesting presentation on Mindfullness Based Stress Reduction, a program that was developed at the University of Massachusetts Medical School...

Solicitor's Conflicts of Interest in an Estates Practice

Posted on November 18, 2010
On Day One of the13th Annual Estates and Trusts Summit, Ms. Hilary Laidlaw delivered an excellent presentation on solicitor's conflicts of interest in an estates practice. The lawyer and client relationship is, prima facie, a fiduciary one...

Limits on Testamentary Freedom

Posted on November 17, 2010
Testamentary freedom is a highly valued and deeply entrenched idea in our society and in the legal system that governs it. People are often surprised to learn, however, that as cherished a value as testamentary freedom may be, its expression is not unrestrained...

Assortment of Topics - Hull on Estates and Succession Planning # 216

Posted on November 17, 2010
Listen to: Assortment of topics This week on Hull on Estates and Succession planning, Ian discusses an assortment of topics. Topics include: The High Road by Terry Fallis 2010 Canadian (International) Conference Of Elder Law The Articulate Advocate by Brian K...

Drawing Wills is Personal Business

Posted on November 16, 2010
Drawing Wills is Personal Business The October-November edition of the Canadian Bar Association's National Magazine http://www.cba.org/CBA/National/Main/ contains an interesting article on the virtues and drawbacks of a virtual law office. While it provides some helpful suggestions, wills lawyers and estate litigators both may find the following quote in the article somewhat problematic: 'The Web is perfect for people filing information on simple documents such as wills and estate plans, which are then reviewed by a full time, fully-certified lawyer...

Continuing Legal Education - Hull on Estates #229

Posted on November 16, 2010
Listen to: Continuing Legal Education This week on Hull on Estates and Succession Planning, Craig and Rick discuss upcoming Continuing Legal Education (CLE) programs over the next few months. Specifically, they discuss the upcoming annual Estates and Trusts Summit on November 17 – 18, 2010...

Estates and Trusts Summit

Posted on November 15, 2010
It's not too late to register for the 13th Annual Estates and Trusts Summit on November 17th and 18th taking place at the Law Society of Upper Canada this week. This two day event is an important annual opportunity for solicitors and barristers to hear some of Canada's top estates counsel and members of the judiciary speak on several essential topics in wills and estates law...

Enhancing Prospects for a Successful Elder Mediation

Posted on November 12, 2010
A successful mediation requires all of the parties to commit to the process. Earlier this week, I blogged on Elder Mediation which has evolved into a distinct practice area. But, practically speaking, how do we enhance the prospects for success of an Elder Mediation where the personal care of a vulnerable yet capable single parent is in dispute? More often than not, when there is a dispute between siblings as to the care of a single parent suffering from early stage dementia, the parent is residing with one of the children...

A New Approach to Screening for Cognitive Impairment

Posted on November 11, 2010
Cognitive impairment is not always readily apparent. When a patient sees a doctor for an ailment of a non-cognitive nature, there is no certainty that the doctor will spend sufficient time with the patient to detect the need for a capacity assessment...

Service and Social Media - Hull on Estates #228

Posted on November 10, 2010
Listen to: Service and Social Media This week on Hull on Estates, Paul Trudelle and Sharon Davis discuss two articles that discuss service via social media. The two articles they discuss are: 'Cyber-Service 'A New Frontier'' by Michael McKiernan...

It Pays to Take an Inventory

Posted on November 10, 2010
There is a common perception that the auction is a staple of any estate administration. Of course, this is far from the truth: in many estates, much of the contents of the estate residence are destined for the dumpster rather than the auction block...

The Dangers of Distraction

Posted on November 09, 2010
One of the most remarkable, relevant and topical areas of scientific enquiry has to do with the "plasticity" of the brain and the stunning potential of the brain to "rewire" itself to adapt to injury and stimuli. In his recent bestseller "The Brain that Changes Itself", U of T professor Norman Doige explores this phenomenon...

Elder Mediation

Posted on November 08, 2010
Estates practitioners are nearly unanimous in their praise of mediation as a process especially well suited to the emotional strain of estate, trust and capacity litigation. And as a sub-specialty of mediation, "elder mediation" is focused on helping families and caregivers (and their advisers) forge a consensus about elder care...

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