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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

MEDIATION: THE CHANGING NATURE OF THE PLENARY SESSION

Posted on April 08, 2008
Whether voluntary or mandatory, mediation is now a common occurrence in estate and trust litigation. Much has been written and blogged on the subject. I therefore thought it worthwhile to comment on the changing nature of the plenary session from a practioner’s point of view...

Sham and Secret Trusts - Hull on Estates #105

Posted on April 08, 2008
Listen to Sham and Secret Trusts. This week on Hull on estates, Ian and Suzana discuss Sham and Secret Trusts. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a message on the Hull on Estates blog.

Administration of the Assets of the Estate - Hull on Estates and Succession Planning #107

Posted on April 08, 2008
Listen to Administration of the Assets of the Estate This week on Hull on Estates and Succession Planning, Ian and Suzana discuss things to consider when administrating the assets of an estate and point out burdens of being and executor. Comments? Send us an email at hullandhull@gmail...

Tax Season

Posted on April 07, 2008
Welcome to my week of blogs.Tax season is once again upon us with all of its attendant trepidation. No doubt, a general panic has set in as people gather together the necessary documentation to fill out and file their tax returns. Anybody who has been an estate trustee will know that he/she is responsible to prepare and file a terminal tax return and to ensure that any outstanding taxes are paid on time...

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Mary Carter Can Assist You: No Retainer Required

Posted on April 04, 2008
A Mary Carter Agreement originated from the Florida decision entitled Booth v. The Mary Carter Paint Company. In effect, this case stands for the proposition that in return for payment to the plaintiff of a specific sum of funds, the settling defendant caps her potential liability...

Does Mediation Hinder the Progression of Law?

Posted on April 03, 2008
While mediation has been highly lauded as a "win-win" situation for all parties, this form of alternative dispute resolution is not without its critics. Owen M. Fiss has stated that mediation prevents the progression of law, thereby inhibiting the courts from fulfilling their role in society...

Upcoming CLE Event: The Impact of Iasenza v. Iasenza Estate on FLA Spousal Elections

Posted on April 02, 2008
The Six-Minute Estates Lawyer 2008 hosted by The Law Society of Upper Canada is rapidly approaching. This CLE event is bound to contain very useful and practical insights for estate litigators, as well as for practitioners who deal with estate matters as part of their practice...

Insights on Aging and the Elderly Seminar - Hull on Estate and Succession Planning Podcast #106

Posted on April 01, 2008
Listen to Insights on Aging and the Elderly Seminar This week on Hull on Estate and Succession Planning, Ian talks about a seminar he attended and participated in last week called 'Insights on Aging and the Elderly'. The seminar was hosted by B'nai Brith and featured Dr...

Issues Causing Delay in the Granting of Probate - Hull on Estates #104

Posted on April 01, 2008
listen to Delay in the Granting of Probate. This week on Hull on Estates, David and Sarah discuss issues that cause delay in the granting of probate. Comments?Send us an email at hull.lawyers@gmail.com, call us on the comment line on 206-350-6636, or leave us a comment on the Hull on Estates blog.

Rozon v. TransAmerica Life Insurance: Another Benefit to Owning Life Insurance

Posted on April 01, 2008
Administering an estate poses many challenges for an estate trustee. An interesting question was considered in Rozon v. TransAmerica Life Insurance, which dealt with the issue of whether an insurance company may require that a Certificate of Appointment of Estate Trustee or probate be obtained prior to the funds being advanced to the estate by an insurance company...

What is Legacy Coaching?

Posted on March 31, 2008
It is trite to say that estate disputes carry a tremendous financial and emotional toll on the disputing parties. A clear and up-to-date estate plan and Will are generally the best ingredients to avoid litigation. Of course, when the testator's intentions are disputed, it is often necessary to retain legal counsel...

May I Encroach on Your Capital?

Posted on March 28, 2008
Ontario Progressive Conservative Leader John Tory recently opined that Ontario is in a recession. www.cbc.ca/Canada/Toronto/story/2008/03/27/tory-economy.html While Ontario's last economic downturn resulting in a recession was almost twenty years ago, many people still recollect this dismal period as a time when unemployment was high and investment opportunities appeared to be non-existent...

Know Thy Power of Attorney

Posted on March 27, 2008
As we age, not only is it prudent to carefully prepare an estate plan, but consideration must also be given to the question of what happens if we become incapable of making financial or medical decisions. While the Substitute Decisions Act sets out the legal requirements for a valid power of attorney for personal care and property, it cannot address who a suitable attorney would be for a particular individual...

Dependant's Relief and Jointly Owned Insurance Policies

Posted on March 26, 2008
The Court of Appeal recently rendered its decision in Madore-Ogilvie and Ogilvie v. Ogilvie Estate, 2008 ONCA 39. One of the issues was whether the proceeds from a jointly owned life insurance policy could be included in the deceased’s estate for the purposes of satisfying a dependant’s relief claim...

Predatory Lending and Older Homeowners

Posted on March 25, 2008
The Canadian Centre for Elder Law (CCEL), a division of the British Columbia Law Institute (BCLI), issued a media release on February 28, 2008 advising that it has just released its Study Paper on Predatory Lending Issues in Canada.In its media release the CCEL noted that while the subprime mortgage crisis in the United States has made the issue of predatory lending a hot topic worldwide, little attention has been paid to the legal aspects of predatory lending in the Canadian mortgage market...

Applying for Probate

Posted on March 25, 2008
Listen to Applying for Probate This week on Hull on Estate and Succession Planning, Ian and Suzana talk about the applying for probate. They discuss some of the ways that estate administrators can simplify the process. Comments? Send us an email at hullandhull@gmail...

Midori and Ogilvy - Hull on Estates #103

Posted on March 25, 2008
Listen to Midori and Ogilvy. This week on Hull on Estates, Rick and Sean discuss the case of Midori and Ogilvy which was recently featured in the CCH periodical Will Power. 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.

Upcoming OBA Continuing Legal Education Events

Posted on March 24, 2008
There are several interesting OBA continuing legal education (CLE) events in the Trusts & Estates Section in the next two weeks. One is a luncheon program on March 25, 2008 commencing at noon addressing the topic of Power of Attorney Fraud. This program promises to discuss this escalating problem, some recent developments in criminal fraud proceedings, and how careful and creative planning with respect to Power of Attorney documents can help avoid family conflicts as well as costly and senseless litigation...

Who is the "Mother" in Surrogate Parenting?

Posted on March 20, 2008
I thought I would close off this week’s blogs with a recent decision that reviews the law on surrogate parents.In M.D. v. L.L. a married couple wished to have a child. Unfortunately, the wife, M.D., was unable to bear children. So, the couple turned to a family friend, L...

What Happens When You Don't Formally Accept Your Interest in an Estate?

Posted on March 19, 2008
In a recent Superior Court of Quebec decision a family’s patriarch, Leon, died intestate in 1968. The main asset of his estate was his home (registered in Leon’s name) where he resided with his wife and son, Walter. At law Leon’s wife was entitled to 1/3 of the home, and Walter was entitled to 2/3 of the home...

Right to Pursue Damages Survives Expiry of Limitation Period

Posted on March 18, 2008
A v. Hoare is a significant House of Lords decision that modifies the law on limitation periods in the United Kingdom. In this case a retired teacher, Mrs. A., had been brutally attacked twenty years ago. Her attacker, Mr...

Personal Liability - Hull on Estate and Succession Planning #104

Posted on March 18, 2008
Listen to Personal Liability This week on Hull on Estate and Succession Planning, Ian Hull talks about the extensive personal liability of an estate trustee. Also, in the March 2008 issue of Canadian Lawyer, the Toronto Estate Law Blog was ranked as one of Canada's Top Ten Law-Related Blogs by Gerry Blackwell...

The Deemed Undertaking Rule - Hull on Estates #102

Posted on March 18, 2008
Listen to the deemed undertaking rule. This week on Hull on Estates, Paul and Allan discuss the deemed undertaking rule and its application to estate matters. 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 at http://estatelaw...

The Electronic Land Registration System and the New Registration Requirements for Transfers and Powers of Attorney

Posted on March 17, 2008
On December 20, 2006, the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 (Bill 152) received Royal Assent. The Act contained amendments to a number of statutes, including the Land Registration Reform Act, Land Titles Act and Registry Act, to address issues related to real estate fraud...

Essential Terms of Settlement Offers

Posted on March 14, 2008
If an offer is negotiated and later accepted, how is a court to resolve a later dispute over the form of the release? The Court in Glaspell v. Glaspell Estate, (2008) 36 E.T.R. (3d) 315 held that a release that does not commit a signatory to taking any steps other than those contemplated by the settlement agreement will suffice, even if overly wordy...

Battle Brewing Over Heath Ledger Estate?

Posted on March 13, 2008
Recently departed actor Heath Ledger (A Knight's Tale, Brokeback Mountain, The Dark Knight) left behind a young daughter. But based on news reports, Ledger appears to have neglected to include his daughter in his Will, perhaps unintentionally...

Are Legal Costs Really Going Up?

Posted on March 12, 2008
"Access to Justice" tends to be a topical issue in the newspapers. The general feeling seems to be that legal costs are spiraling ever upwards to the detriment of the public. Take this article from CanWest News Services. Few would dispute that litigation costs can sometimes grow rapidly, particularly where the issues are complex or a litigant acts unreasonably...

File For All to See

Posted on March 11, 2008
The OBA Civil Litigation Section recently held a Continuing Legal Education seminar on the deemed undertaking rule (Rule 31.1.01(3)) and the filing of transcripts. For those who have not had a chance to listen to our (excellent, eloquent!) podcast on this point, here is the abridged version:Practitioners of all stripes can take solace in the fact absent a sealing Order granted under s...

Getting Probate - Hull on Estate and Succession Planning #103

Posted on March 11, 2008
Listen to Getting Probate This week on Hull on Estate and Succession Planning, Ian and Suzana discuss probate - what it is and when you need it. Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985 or leave us a comment on our blog at www...

Assisted Reproductive Technology and Succession Law - Hull on Estates Podcast #101

Posted on March 11, 2008
Listen to Assisted Reproductive Technology and Succession LawIn this episode of Hull on Estates, Megan Connolly and Rick Bickhram discuss some interesting legal issues that surround assisted reproductive technology and succession law. Comments? Leave us a message on our comment line at 206-350-6636, send us an email at hull...

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