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Toronto Estate Law Blog 

Provided by Hull & Hull.
Post Frequency: 10.9/day Last Entry: April 01, 2011 at 08:48:24 Recent Entries: 1124
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Selecting an Estate Trustee - Hull on Estates #184
Posted on October 23, 2009Listen to: Selecting an Estate Trustee - Hull on Estates #184 This week on Hull on Estates, Paul Trudelle and Sarah Fitzpatrick discuss considerations relevant to the testator's selection of an Estate Trustee when preparing a Will. If you have any comments, send us an email at hull...
The Conundrum of Competence
Posted on October 23, 2009The Rules of Civil Procedure are the the Barrister's Bible. While we may not keep them on our bedside tables, they can be found on every good litigator's desk as well as scattered throughout the office in strategic locations. As lawyers, we generally have good memories for anything logical or analytical – case names can be remarkably pulled out of a hat at a moment's notice...
Client (and lawyer) Satisfaction
Posted on October 22, 2009Client satisfaction is a tricky maze to navigate. In some ways, we are most successful as lawyers when clients on both sides are equally dissatisfied. The object of the game is to settle on a solution that is fair to all concerned. This necessarily means that no one side is going to get the key to the city and the pot of gold at the end of the rainbow...
Mentoring: An Offer You Can't (or shouldn't) Refuse
Posted on October 21, 2009On Monday I wrote about the importance of mentoring. Today I'd like to illustrate. A November 2008 report by former Superior Court Chief Justice Patrick LeSage and University of Toronto law professor (now Superior Court Justice) Michael Code questioned the adequacy of sanctions for courtroom misconduct...
Limitation Periods and the Power of Fraudulent Concealment
Posted on October 20, 2009Litigation lawyers live in fear and sober respect of the limitation period. We all know that missing a statutory limitation period can be the kiss of death. Given the right circumstances, however, there is one light in the dark that can overcome the shadow of both statutory limitations and common law laches arguments...
Lexpert Zenith Awards
Posted on October 19, 2009Last week Lexpert held the inaugural event for its Zenith Awards Celebrating Leading Women Lawyers. In a room sparkling with cool acrylic chairs and brilliant crystal chandeliers, brighter still shone the accomplishments of the 23 extraordinary women who were honoured for their outstanding achievement in the legal profession...
Death of a Legal Visionary
Posted on October 01, 2009Hugh Lawford, co-founder of Quicklaw - the world's first online legal database - recently passed away. As noted in Mr. Lawford's obituary, he created the project at Queen's University in 1967 when he realized that legal documents could be computerized and made available in a database...
Wills Can Use Religious Tests
Posted on September 30, 2009Thanks for reading, Natalia Angelini The Chicago Tribune provides an interesting commentary on a recent decision of the Illinois Supreme Court, which ruled that a Jewish couple could legally disinherit any grandchildren who married outside their faith, as long as the method of doing so did not encourage divorce...
Illinois Wills Can Use Religious Tests
Posted on September 30, 2009The Chicago Tribune provides an interesting commentary on a recent decision of the Illinois Supreme Court, which ruled that a Jewish couple could legally disinherit any grandchildren who married outside their faith, as long as the method of doing so did not encourage divorce...
Contempt Motions - Hull on Estates #181
Posted on September 29, 2009Listen to: Contempt Motions - Hull on Estates #181 This week on Hull on Estates, Sharon Davis and Craig Vander Zee discuss contempt motions, specifically in relation to the passing of accounts. If you have any comments, send us an email at hull.lawyers@gmail...
Estate, Trust and Capacity Law Breakfast Series
Posted on September 29, 2009Hull & Hull LLP hosted its quarterly breakfast series on September 24, 2009. Megan Connolly started off the day with a very informative talk on charitable gifts, with a focus on when a charitable beneficiary can not be identified or cannot be found...
Cleanup in Aisle Two
Posted on September 28, 2009Having recently posted a blog on bad neighbours, you can well imagine my shock when I rounded the corner this week and saw what appeared to be an OPP paddywagon parked in front of a house on a fairly white bread, middle class street in Nothing-Ever-Happens-Here-ville, Ontario...
Capacity Litigation: A Clarification on Costs
Posted on September 25, 2009A September 8, 2009 endorsement of Justice D.M. Brown helps to clarify the costs of capacity litigation. Fiacco v. Lombardi, 2009 CanLII 46170 (ON S.C.) involves four siblings who disputed the management of their mother's property. She executed a continuing power of attorney for property appointing all four of her children as her attorneys to act jointly...
Alzheimer's Advance: 115 Million by 2050
Posted on September 24, 2009We have reported on Alzheimer's frequently in our blogs. A World Alzheimer's Report released this week is another reminder of the widespread implications of the disease. In Canada, about one in every 11 people over the age of 65 is living with Alzheimer's or a related dementia...
Future Changes to U.S. Estate Tax?
Posted on September 23, 2009Yesterday I wrote about Edward Kennedy – I began to wonder about the tax implications on his estate. Assuming he held $75 million in assets, his estate would have been taxed at a rate of 45% and the bill owing would be $33,750,000. But this is unlikely because much of his wealth was held by trusts which, in Ontario, are separate taxable entities...
Nurturing Legacies: Edward M. Kennedy
Posted on September 22, 2009The death of Edward M. Kennedy on August 25, 2009 marked the end of era. The Lion of the Senate received much praise for his 47-year contribution to American politics. In his memoir – True Compass – 'Teddy' provides a posthumous review of his life and of his famous family...
Will Clauses - Hull on Estates #180
Posted on September 22, 2009Listen to: Will Clauses - Hull on Estates #180 This week Bianca La Neve and Sarah Fitzpatrick discuss lesser known Will clauses to consider when preparing a Will. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog...
On the Big Screen: Challenging Dr. Barnes' Wishes
Posted on September 21, 2009The Toronto International Film Festival brought stars to town and brought an estate issue into focus. The Art of the Steal received accolades as a 'thrilling whodunit' about the world-renowned Barnes art collection, valued in the 'billions and billions...
Obviously Not Taking Advantage of the US "Cash for Clunkers" Program
Posted on September 18, 2009Lonnie Holloway of Saluda, South Carolina was recently buried sitting upright in the front seat of his 1973 Pontiac Catalina. According to the New York Times report (there is a video link, too), the 90 year old, described by a cousin as a 'stylin' and profilin'' man, had always said that he had wanted to be buried that way...
Chai Tikvah Foundation
Posted on September 17, 2009On Tuesday, I spoke to a wonderful group at the Chai Tikvah Foundation on the topic of estate planning and providing for a disabled beneficiary. 'Chai Tikvah' means 'life' and 'hope'. The Chai Tikvah Foundation provides housing, support and education to psychiatrically challenged adults in Jewish residential settings to enable them to lead more productive lives, and to help them integrate into the community...
Disabled Beneficiaries - Hull on Estates and Succession Planning - #181
Posted on September 17, 2009Listen to: Disabled Beneficiaries - Hull on Estates and Succession Planning #181 This week on Hull on Estates and Succession Planning, Paul Trudelle and Jordin Atin discuss the considerations that must be taken into account with disabled beneficiaries...
Assuming the Obligation to Dispose of Remains
Posted on September 16, 2009In October 2008, I spoke at the Hull and Hull Breakfast Seminar on the topic of obligations with respect to disposing of the deceased's remains, as well as other issues that arise immediately upon death. (See my paper, here.) In Lajhner v. Banoub, [2009] O...
Lord Beaverbrook's Legacy
Posted on September 15, 2009A lengthy battle over ownership of 85 valuable works of art has ended recently, with a Canadian art gallery being allowed to keep the majority of the works. As reported in the Toronto Star and the National Post, an appeal from a 2007 arbitrator's decision (former Supreme Court of Canada Justice Peter Cory) was dismissed...
Executor Removed - No Replacement Appointed
Posted on September 14, 2009In a novel decision of the Ontario Superior Court of Justice, the court removed Estate Trustees who no longer wished to act in that role. No one else consented to act. What is novel is that no replacement Estate Trustee was appointed. In the 2009 case of Evans v...
Tales from the Crypt
Posted on September 11, 2009I conclude my blog week by writing about the late Michael Jackson who was finally laid to rest on September 3, 2009. Ten long weeks after his death, Michael Jackson's coffin was placed in a mausoleum in the Forest Lawn Memorial Park, which is located outside of Los Angeles...
The Top 10 Issues To Consider When Planning Your Estate
Posted on September 10, 2009Planning your estate feels a lot like preparing for your taxes. It takes time and it's something the average person hates to turn their mind to. Nevertheless, a solid estate plan is, without a doubt, the best defence against the potential threats to hard earned wealth posed by disgruntled family members or tax authorities...
Preparation is Key for our Disabled Elders
Posted on September 09, 2009It should come as no surprise that we live in an aging society. As our society continues to grow old, family members should be concerned about their loved ones who live with disabilities. I recently read an article (found here) that describes the obstacles that our law enforcement and emergency professionals are confronted with when responding to an emergency involving a disabled or elderly person...
Asset Management - Hull on Estates #179
Posted on September 09, 2009Listen to: Asset Management - Hull on Estates #179 This week on Hull on Estates, David Smith and Christopher Graham discuss the general principles of asset management for various types of fiduciaries. If you have any comments, send us an email at hull...
Rule 74.15 - Orders for Assistance
Posted on September 08, 2009After a long and relaxing weekend, most of us now return to work geared to face the challenges of our week. I start my blog by discussing the recent issue of the Probater. The Probater is a quarterly newsletter that is prepared by the lawyers at Hull & Hull LLP and is provided to the community as an information service...
The Emotional Value of Assets - Hull on Estates and Succession Planning #180
Posted on September 08, 2009Listen to: The Emotional Value of Assets - Hull on Estates and Succession Planning #180 This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin discuss the best ways to evaluate a Will based on the emotional value of assets rather than the fixed value...
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Real Estate Agents, Lenders, Appraisers & Home Inspectors: ARE BUYERS WASTING TOO MUCH OF YOUR TIME?
PREQUALIFY, PREQUALIFY, PREQUALIFY. It cannot be said enough times...
What Should Sellers Look for in Hiring a Real Estate Agent?
MARKETING SKILLS, MARKETING "SUPPORT" AND EXPERIENCE. There are nu...
Should Sellers Hire a Real Estate Agent?
We often say YES! There are simply far too many unscrupulous buyer...
Real Estate Tax Appeals: Who Has the Burden of Proof
Recently, many municipalities have performed revaluations in order...
Real Estate Tax Appeals: Who Has the Burden of Proof
Recently, many municipalities have performed revaluations in order...
Real Estate Brokers
Questions home sellers should ask potential brokers
Real Estate Brokers
The role brokersplay
Estate Planning
Documents: durable power of attorney, living will, letter of instruction, and insurance trust
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
Can I sue the executor of my fathers estate?
Get a lawyer. Not one you pay by the hour - a contingency based attorney. If he ...
My father and mother died with a will. The will states that the family house be sold and any money left be divided equally among the sibling. The house as a loan against it for $200.000. The executor of the estate (my si
Contest the will, this should lock things up in probate and prevent her from doi...
When selling an inherited home, how to make sure that the beneficiaries are taxed on the stepped up basis?
The cost basis at which the beneficiaries receive the property is the current fa...
He has half brothers and sisters and I would prefer his estate go to only one of his half brothers, as he is the only one who cares about his well being.
If intellectually disabled means that a person would not be found competent to p...

How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
Can I sue the executor of my fathers estate?
Get a lawyer. Not one you pay by the hour - a contingency based attorney. If he ...
My father and mother died with a will. The will states that the family house be sold and any money left be divided equally among the sibling. The house as a loan against it for $200.000. The executor of the estate (my si
Contest the will, this should lock things up in probate and prevent her from doi...
When selling an inherited home, how to make sure that the beneficiaries are taxed on the stepped up basis?
The cost basis at which the beneficiaries receive the property is the current fa...
He has half brothers and sisters and I would prefer his estate go to only one of his half brothers, as he is the only one who cares about his well being.
If intellectually disabled means that a person would not be found competent to p...








