Estate Planning

New Rules of Court for Ontario

Posted on January 05, 2010
  As all litigators in the province of Ontario likely know by now, January 1, 2010 ushers in not only a new decade but New Rules of Civil Procedure. The New Rules apply to all matters, regardless of when they were commenced. The amendments to the Rules effected by Ont...

Evidence Primer - Hull on Estates #194

Posted on January 05, 2010
Listen to: Evidence Primer - Hull on Estates #194 This week on Hull on Estates, Bianca La Neve and David Smith discuss evidentiary issues particularly the admissibility of business records. If you have any comments, send us an email at hull.lawyers@gmail...

Pseudodementia

Posted on January 04, 2010
Pseudodementia is a dementia syndrome which resembles dementia, but is actually the result of an underlying psychiatric disorder, most often depression. While the presentation of pseudodementia in the elderly varies widely, it closely mimics dementia in that common symptoms include: ...

HAPPY NEW YEAR

Posted on December 31, 2009
This is our last blog of 2009! Thank you for reading our blog posts over the past year. We have enjoyed preparing them. We hope that we have been informative. With the close of 2009, we turn and look to the promises of 2010. While there is no doubt many things are to be considered for the new years, from a family perspective, perhaps this is the year to resolve to consider, or reconsider, whether your family's legal affairs have been properly planned...

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The Importance of Utilizing Social Media

Posted on December 30, 2009
Without understanding what the term 'social media' is, it can sound intimidating to those in our industry who are not computer literate. But what is social media? Wikipedia defines social media as 'media which are formed mainly by the public as a group, in a social way, rather than media produced by journalists, editors and media conglomerates...

I'M SORRY

Posted on December 29, 2009
As our year winds down and we prepare for the New Year, we have much to look forward to as our judicial system has undergone a minor facelift to reflect the changes in our society.  One such change has been the implementation of new legislation, The Apology Act (the 'Act'), which came into effect on April 23, 2009...

New Year's Resolutions and Reviewing Estate Plans - Hull on Estates #193

Posted on December 29, 2009
Listen to: New Year's Resolutions and Reviewing Estate Plans - Hull on Estates #193 This week on Hull on Estates, Craig Vander Zee and Bianca La Neve discuss New Year's resolutions from a legal perspective and talk about reviewing estate plans. If you have any comments, send us an email at hull...

Upcoming 'Medical/Health Series' of Blogs

Posted on December 28, 2009
For those of you with one eye on the next page of the calendar, Hull & Hull LLP will be posting our third series of medical/health blogs starting on Monday January 4th, 2010. The series will run every Monday thereafter in the month of January, for a total of four blogs...

Taking "Gifts": The Very High Burden on Attorneys for Property to prove Gifts

Posted on December 24, 2009
      Attorneys for property who receive gifts from grantors tomorrow will have to give them back, unless they have good evidence supporting the fact of the gift.  The rule that fiduciaries (including attorneys for property) must prove purported gifts is stated in Cooke v...

You Can Run But You Can't Hide

Posted on December 23, 2009
Testamentary instruments, that is. A common burr among beneficiaries is that the estate trustee often resists disclosing the deceased's Will or other testamentary instruments.  Without reviewing the entirety of the testamentary instruments, beneficiaries may never feel certain of the extent of their interest in an estate...

And Now Some Good News

Posted on December 22, 2009
In the spirit of gift-giving, I offer some optimism: Canada's economic data is fairly good, according to this National Post report.  Growth is strong and consistent, retail levels are almost back to pre-recession levels.  Very happy news after two brutal years for a lot of people...

Capacity to Be Examined and Give Evidence

Posted on December 21, 2009
When is a potential witness incapable of being examined?  Price J. examined this issue in Vokes Estate v. Palmer, 2009 CanLII 70132 (ON S.C.) in the context of a motion to compel a party to attend an examination under oath, where that party's solicitor had earlier refused to allow him to take the oath or give a solemn affirmation...

Happy Holidays!

Posted on December 18, 2009
This is by far my favourite time of year. The holiday parties are in full swing, I am eating sweets and miniature puff pastries on what seems like a daily basis, and my birthday is around the corner.  Well, truth be told there is not that much to celebrate about my getting older at this point, but any excuse to continue the festivities is fine by me! Birthdays and hallmarks like Christmas and New Years are great annual reminders to review your estate plan and to see if any changes need to be made to, for instance, account for a new or pending marriage, divorce, birth or death etc...

Ancillary Grants, Between the Cracks

Posted on December 17, 2009
The Rules of Civil Procedure are a wonderful resource, and provide guidance as to, among other things, the types of applications that can be brought when someone wants to have an estate trustee appointed in Ontario in unusual circumstances. For instance: (a)               where there is an estate trustee appointed with or without a Will in the United Kingdom or in a province in Canada (outside of Ontario), an application is to be made for Confirmation by Resealing of Appointment of Estate Trustee; (b)               where there is a foreign estate trustee and no Will, an application is to be made for a Certificate of Appointment of Foreign Estate Trustee's Nominee as Estate Trustee Without a Will; and (c)               where there is a foreign estate trustee with a Will, and the applicant was appointed by a court having jurisdiction outside Ontario, other than a jurisdiction referred to in (a) above, an application is to be made for a Certificate of Ancillary Appointment of Estate Trustee...

The "Do's and Don'ts" of Guardianship Applications

Posted on December 16, 2009
At the recent Estates and Trusts Summit, the Children's Lawyer (Debra L. Stephens) gave us some insight into her office's view about the 'do's and don'ts' for counsel when preparing guardianship applications, including the following: ...                    Do – provide a rationale as to why the appointment of a guardian to manage the minor's assets is better than transferring the assets to the Accountant of the Superior Court of Justice; ...

One Lawyer's Perspective on Advocacy

Posted on December 15, 2009
It is always a learning experience when going to court, and reading Paul J. Pape's perspective on how he prepares for advocacy in the Court of Appeal will surely be of help to me when appearing in appellate court, or any court for that matter. I found some of his noteworthy insights to be: ...

Power of Attorney - Part 7 - Hull on Estates and Succession Planning #191

Posted on December 15, 2009
Listen to: Power of Attorney - Part 7 - Hull on Estates and Succession Planning #191  This week on Hull on Estates and Succession Planning, Ian and Suzana carry on their discussion regarding compensation for a power of Attorney. If you have any comments, send us an email at hullandhull@gmail...

The Jury is Out on Laura

Posted on December 14, 2009
  When a writer starts to come off the rails, you expect skid marks and broken glass. With Nabokov, naturally, the eruption is on the scale of a nuclear accident. – Martin Amis, of The Guardian, writing about Vladimir Nabokov's later literary works                                     In March of 2008, David M...

Insurance Policies - Hull on Estates #192

Posted on December 14, 2009
Listen to: Insurance Policies- Hull on Estates #192 This week on Hull on Estates, Rick Bickhram and Natalia Angelini discuss the estate of Michael Galliford Richardson, specifically in regard to insurance policies. If you have any comments, send us an email at hull...

HullandHull.com Wins an Award - Hull on Estates and Succession Planning #190

Posted on December 11, 2009
Listen to: HullandHull.com Wins an Award - Hull on Estates and Succession Planning #190  This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag announce that HullandHull.com won an award for Best Multi-Media Website for Lawyers, awarded by the Canadian Bar Association magazine...

Self-Represented Litigants

Posted on December 11, 2009
As counsel, we are often engaged in litigation with self-represented litigants. The number of self-represented parties appears to be growing in Ontario. Matters involving self-represented litigants raise special considerations and practice issues for both counsel and the courts...

National Magazine Names Hull and Hull LLP as Winner: Top Multimedia Website

Posted on December 10, 2009
Hull and Hull LLP is named as the 'Winner: best Multimedia website' in Canada in the December 2009 edition of National, a magazine published by the Canadian Bar Association. To quote two of the judges: Connie Crosby: 'They are the only firm that has truly experimented with video and podcasting in a big way...

RECTIFICATION OF WILLS

Posted on December 09, 2009
Yesterday, I introduced the matter of Estate of William Lipson (Pattillo, J., December 1, 2009, not yet reported). There, multiple wills were executed. Unfortunately, the second will purported to revoke the first. In addition, both wills purported to deal with all assets, except for shares in a private corporation...

Rodney Hull Q.C., LSM - Hull on Estates #191

Posted on December 08, 2009
Listen to: Rodney Hull Q.C., LSM - Hull on Estates #191 This week on Hull on Estates, Megan Connolly and Craig Vander Zee talk about the passing of Rodney Hull, founding partner of Hull & Hull LLP. If you have any comments, send us an email at hull...

Issues Arising in Multiple Wills Situations

Posted on December 07, 2009
The recent decision in Estate of William Lipson (Pattillo, J., December 1, 2009, not yet reported) illustrates an important issue that can arise where multiple wills are executed. Multiple wills can serve as a valuable estate planning tool for the purposes of saving Estate Administration Tax (probate fees)...

Hull & Hull LLP mourns the passing of Rodney Hull, Q.C., LSM

Posted on December 06, 2009
We are very saddened by the loss of our beloved founding partner, mentor and friend, Rodney Hull, who passed away on December 5, 2009.  Rodney leaves behind a legacy that will forever be cherished, fostered and maintained.  For over 50 years, Rodney's reputation has been synonymous with outstanding excellence, dedicated professionalism and pure passion...

Burial Error Leaves Families Reeling

Posted on December 04, 2009
A cemetery in the UK is dealing with the awkward question of what to do about a man who was buried in the wrong grave.  The 26 year old was vacationing in Spain when he was stabbed to death. After being returned home to Britain, he was inadvertently laid to rest in a grave reserved for the widow of another man (the widow and her late husband had bought side-by-side plots so they could be buried next to each other)...

Michael Jackson Estate - Litigation Update

Posted on December 03, 2009
Michael Jackson's estate is back in the news. A Quebec art collector is suing Jackson's estate as well as a US-based auction house after a planned auction of memorabilia from Jackson's Neverland ranch was cancelled last spring.  Apparently, there were 2000 items put up for auction, but Jackson pulled out at the last minute, forcing the cancellation of the auction...

Cremations Go Green

Posted on December 02, 2009
I have previously blogged about the trend toward more environmentally-friendly burials and recently came across an article about bio-cremation.  Cremation, as it turns out, is not a 'green' way to lay a loved one to rest. A standard cremation releases about 900 pounds of carbon dioxide into the air (not to mention other chemicals) – as well as the same amount of energy (in the form as natural gas and energy) as it would take to drive from Toronto to Boston...

Court Provides Further Guidance on Dispensing with Bonds

Posted on December 01, 2009
In the recent decision in Re Andrews Estate, the Superior Court of Justice at Toronto, provided further clarification regarding dispensing with an administration bond.  A prospective executor is generally required to post a bond before probate is granted if (1) the executor resides out of the province; (2) a person has died with a will, but fails to name an executor; and (3) a person has died without a will...

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