Toronto Estate Law Blog : Toronto Estate Lawyer : Hull & Hull Law Firm : Trust Mediation and Succession Planning : Serving Ontario, Ottawa, Mississauga, Hamilton

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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. 

The facts giving rise to the case are that the husband discovered that his grandson was taking a gentile to the junior prom.  The husband wrote his strong feelings about religious loyalty into his Will.  Specifically, his Will indicated that upon his wife’s death their grandchildren would become lifetime beneficiaries of certain trusts. However, if any of them married outside the faith and their non-Jewish spouse did not convert to Judaism within a year, they would not receive their share of the trusts.

The husband predeceased the wife. The wife came up with a slightly different approach in her Will.  She bequeathed $250,000 to the one grandchild who had married within the faith. Those who did not do so received nothing.  

One of the disinherited grandchildren argued that the clause violated public policy by offering money to practice a particular religion.  The court disagreed, pointing out that the wife did not set up a system that encouraged heirs to divorce and remarry to claim an inheritance.  Rather, she made a bequest to reward those grandchildren whose lives embraced the values she and her husband cherished.

Thanks for reading,                                                                                                       

Natalia

Natalia Angelini - Click here for more information on Natalia Angelini.
 

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Listen 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.com or leave a comment on our blog.

Sharon Davis - Click here for more information on Sharon Davis.

Craig Vander Zee - Click here for more information on Craig Vander Zee.

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Hull & 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. 

Megan reviewed ways in which the charitable gift may survive in these circumstances, which are touched upon below.

·                    When the charity is inaccurately described, but the description is sufficient to make it clear to which charity the gift was intended and the beneficiary is discoverable, the gift will not fail;  

·                    When the institution can still be identified, although its form might have changed (i.e. unification of churches), then the court will often be willing to give effect to the gift – a key consideration is whether the charity has maintained a “continuing identity”;

·                    When it is impossible or impracticable to carry out the gift (i.e. the named institution ceased to exist during the testator’s lifetime) an application for the advice direction of the court can be brought on the basis of the cy-près doctrine; and

·                    Section 13 of the Charities Accounting Act provides a mechanism for obtaining a cy-près order without having to commence a formal court proceeding when the consent is obtained of the Public Guardian and Trustee and everyone else required to be served with such an application.

An interesting panel discussion followed between Ian Hull and Suzana Popovic-Montag on undue influence, which is seen to be the most difficult ground upon which to successfully challenge a Will.

If you would like to receive a copy of the papers on these topics please contact us.

Have a great day,              

Natalia Angelini

Natalia Angelini - Click here for more information on Natalia Angelini.
 

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Having 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. A white box van with blue and red stripes – you know the one. As I slowly passed the van, admittedly hoping to glean some fodder for juicy neighbourhood gossip, nothing prepared me for the words ‘CRIME SCENE CLEANERS’ on the side of the vehicle.

Crime & Trauma Scene Cleaners Inc., a division of Biohazard Canada, and a licensed member of the Canadian Association of Decontamination Specialists, operates in Ontario, Quebec, Manitoba, Saskatchewan, Alberta and B.C. Their website states that they are ‘committed to helping people when tragedy strikes’ and that their objective is ‘to restore safety to an environment in the most professional and discrete manner possible. This relieves family members or employees of the emotional and traumatic task of cleaning up after a suicide, homicide, decomposition, accidental death, etc.’ For those of you reading this blog on your lunch hour, feel free to defer your perusal of the graphic photo gallery of various before and after crime scenes. Very Dexter, indeed.

The company, and their 34-year old president, Christian Cadieux, who has occasionally been referred to as ‘Death’s Janitor’, are getting wide and witty press coverage:

· “And You Thought Your Job Stunk” – Toronto Sun
· “Out, Damn Spot” – Eye Weekly
· “Behold, The Grim Sweeper” - Toronto Star

Cost? In an interview with George Stromboulopoulos on The Hour, Mr. Cadieux mused that the cleanup of the accidental backseat head shot in Pulp Fiction would set one back about $4,000 to $5,000. Although I’m still trying to figure out how you would explain this kind of expense to your insurer….

Jennifer Hartman, Guest Blogger

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A 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. That didn’t go so well.

The mother suffers from dementia. In 2008, the four children entered into contested guardianship litigation over their mother; two were appointed guardians by on January 23, 2009 by Order of Cameron J. That round of litigation cost the mother $30,022.22.

The two children who were not appointed were ordered to provide information about their mother’s assets and the original will of their mother to the guardians, and to transfer assets to the guardians. They did not act quickly.

Justice Brown states, at paragraph 14, that “The view…that the Order did not require compliance forthwith was dead wrong: when a court appoints guardians of the property of an incapable person, any other person with notice of the order is required to deliver up immediately to the guardians all property of the incapable person that he or she might possess.”

At paragraph 10, His Honour states that the “respondents acted contrary to their obligations under the SDA [Substitute Decisions Act] and they obstructed their mother’s guardians in discharging their statutory duties.”

The SDA at sections 33.1 requires guardians to make reasonable efforts to determine if an incapable person has a will; and sections 33.2(1) and (2) require a person who has the incapable person’s will to deliver it to the guardian “when required by the guardian.”

The Court did not approve of the children seeking further funds ($29,154.14) from their mother’s estate to “fund their continuing sibling rivalry.”

Justice Brown emphasized that “capacity litigation should reflect the basic purpose of the SDA – to protect the property of a person found to be incapable and to ensure that such property is managed wisely so that it provides a stream of income to support the needs of the incapable person: SDA, sections 32(1) and 37.”

His Honour states that members of the Bar should not presume that all parties to contested capacity litigation will have their costs paid by the estate of the incapable person.

This endorsement emphasizes that family fights cost everyone involved. 

Enjoy the weekend. 

Jonathan

Jonathan Morse - Click here for more information on Jonathan Morse.

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We 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. Worldwide, the figure is about 35.6 million and it will grow to 115 million in 40 years. The report focuses on the impact on caregivers, healthcare infrastructure and the economy.

Of course the impacts will be felt in the legal field as capacity issues occur more frequently: a spouse caring for his or her partner; children caring for parents and the state stepping in when no one else is available to assist. Each scenario will require that guardianship issues be addressed; personal property and personal care decisions will ideally have been addressed in advance.

A story that unfolded over the last few years is a case in point. A Nova Scotia couple was separated as a woman with dementia was brought back to Britain against the wishes of her husband. The siblings who took her back to the U.K. claimed they were following her wishes. The husband said otherwise. The saga ended this week as the woman’s ashes were returned to her husband. 

Advances in medicine may halt the advance of this disease. In any event, it is advisable to consider continuing powers for property and continuing powers for personal care.

Enjoy your day. 

Jonathan

Jonathan Morse - Click here for more information on Jonathan Morse. 

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Yesterday 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. 

My colleague, Sarah Fitzpatrick wrote in July 2008 about the upcoming changes to the U.S. tax law.  That time is four months away. Congress must act soon; if it does not, taxes on nearly everyone will soar under a plan enacted in 2001 called the Economic Growth and Tax Relief Reconciliation Act (EGTRRA) which provides that in 2011 the tax law that had been in effect in 2000 will reappear.

The estate tax is set to vanish for a year if nothing happens before the end of 2009 as the EGTRRA sunsets in 2010. In 2011, an effective rate of 55% on estates would come into effect.

Only a small number of individuals pay the estate tax each year. In 2007, there were 36,458 estate tax filers – out of 235 million total tax filers that same year in the United States.  . Smaller estates (under $3.5 million) make up the bulk of filers – over 60 percent in years 2002-2007. Large estates (over $10 million), however contributed between 18 and 30 percent of the total revenue in the same time frame.

During the 2008 campaign, President Barack Obama supported permanent extension of the 2009 law – effectively a permanent 45 percent top rate with $3.5 million exemption per individual ($7 million for couples).

Either side of the political spectrum will present different numbers, but what seems certain is that if there is no legislative action in the U.S. in the next few months, 2010 will be a good year for estates. My bet is that the large loophole will be filled quickly, especially as the U.S. operates with a large deficit.

Thank you for reading. Please remember that Hull & Hull is hosting another breakfast seminar tomorrow morning.

Enjoy your Wednesday.

Jonathan Morse - Click here for more information on Jonathan Morse.

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Listen 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.

Sarah  Hyndman Fitzpatrick - Click here for more information on Sarah Fitzpatrick.

Bianca V. La Neve - Click here for more information on Bianca La Neve.

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The 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.  It is a reminder that people leave a range of legacies when they die. Several of his siblings left their own mark, including his sister Eunice.  Edward Kennedy’s political accomplishments are a great part of his legacy. (I have read about JFK and Bobby and will enjoy this read.)

There is the financial side of Edward Kennedy’s life (and of each Kennedy) which presumably continues to back many of the endeavours of the current generation. Edward Kennedy, apparently, reported a net worth  in 2008 between $15 million and $72.6 million, but a year earlier the range was between $46.9 and $157 million. As a U.S. senator, Kennedy earned a base salary of $165,200 a year.

The main source of Kennedy's wealth was his father and family patriarch Joseph P. Kennedy, a former U.S. Ambassador to Great Britain, whose fortune stemmed from banking, real estate, liquor, films and Wall Street holdings that eventually grew to an estimated $500 million by the 1980s.

A big portion of that wealth came from Kennedy Sr.’s purchase of Chicago's Merchandise Mart  in 1945 for $12.5 million. Spanning two city blocks and rising 25 stories, the sprawling limestone and terra-cotta mart had its own zip code. It was the world's largest building until the Pentagon was built in the 1940s. The Kennedy family sold its interest in the Merchandise Mart in 1998 for $450 million in cash and a $100 million interest in the purchasing trust. The holdings of Edward Kennedy included a string of publicly and non-publicly traded trusts and assets. 

The Kennedy family contributed a great deal to public service. Liberal projects and public service work by the family is supported in part, I expect, by the resources available to them through family investments.

While we did not know the patriarch of the Kennedy family, we can glimpse the satisfaction he likely felt that his investments – in his family and businesses – contributed to the greater good.

The scale may be far different, but within our own families, each of us can support the work and the dreams of the next generation with careful planning and wise investments of our time, energy and financial resources.

Thank you for reading.

Jonathan Morse

Jonathan Morse - Click here for more information on Jonathan Morse.

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The 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.” Dr. Albert Barnes assembled art in the twenties and housed it in the suburb of Merion, Pennsylvania.

On his death in 1951, Dr. Barnes’ will gave control of the collection to the trustees of Lincoln University, the first black university in the United States. However, according to the film’s producer, in the nineties, a scheme was hatched to permanently remove the collection from Merion that some would later call the heist of the century.

The trustees’ decision to move the exhibit to downtown Philadelphia was met with legal challenges that did not succeed.  On a site called The Barnes Letters  it seems interest groups used the courts to deviate from Dr. Barnes’ express wishes to focus on “an educational organization designed to promulgate a unique way of teaching art appreciation.”

At an opening ceremony for the new site, protestors marked the occasion with signs advocating that Barnes’ “…Will Should Be Honoured.”

Art disputes relating to trusts and foundations are not uncommon. Here in Canada, one example involves a long-standing legal dispute between the U.K. Beaverbrook Foundation which claims that it only loaned art to a New Brunswick gallery – art that originally belonged to New Brunswick newspaper baron Max Aitken.  (See Paul Trudelle's September 14, 2009 blog).

These examples point to the idea that a testator’s expressed wishes for certain assets may not always be respected. Dr. Barnes wanted his art to stay put, while it was alleged that Lord Beaverbrook’s art was gifted to the people of New Brunswick.

Have a good Monday.

Jonathan Morse

Jonathan Morse - Click here for more information on Jonathan Morse.

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Lonnie 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. He was also buried with his gun collection. He had said that he didn’t want them falling into the wrong hands.

The expressed wishes of the deceased raise a number of interesting issues to consider. Some immediate include:

• Whether the directive regarding the means of burial is binding on the Estate Trustee. The rule is that directions contained in a deceased’s will are not binding on an executor. Additionally, an estate trustee is only allowed to recover reasonable burial expenses from the estate, taking into account the deceased’s position in life.
• In Canada, there are restrictions that would intervene with respect to the disposal of weapons.
• Will a Will that calls for the destruction of property be enforceable? In Wishart Estate (1992), 46 E.T.R. 311, the deceased left a will that called for the shooting of his four horses. The court found that the direction was void as being against public policy. In that case, the court referred to a Missouri Court of Appeals decision where a term in a will calling for the demolition of the deceased’s house was, similarly, found to be void as being in violation of public policy.

Have a great weekend. Keep your eyes on the road and your hands upon the wheel.

Paul Trudelle

Paul Trudelle - Click here for more information on Paul Trudelle.

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Listen 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.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Paul Trudelle - Click here for more information on Paul Trudelle.

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On 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. The Chai Tikvah Foundation operates a housing facility in North York, and offers additional support and education to the residents, non-residents, their families, and to the community.

Special estate planning concerns and considerations arise where individuals have family members who have special needs. It was a pleasure to address some of these issues with the group.

To the Chai Tikvah Foundation, thank you for having me and for the wonderful services that you provide. Keep up the good work!

Thank you for reading.

Paul Trudelle

Paul Trudelle - Click here for more information on Paul Trudelle.

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In 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.J. No. 1327, this issue was addressed once again. There, the deceased died on March 18, 2009 at the age of 24. He died without a Will. His parents on the one part, and his alleged spouse, on the other, sought to be appointed as Estate Trustees, primarily for the purpose of assuming the obligation of determining the disposition of the deceased’s remains.

Both sets of parties, the court found, were motivated by a desire to do what they believe the deceased would want.

The parents wanted to cremate the deceased’s remains. The alleged spouse opposed this, stating that the deceased was Muslim, and that the Muslim faith did not accept cremation.

The issue became who was most likely to be appointed as estate trustee under s. 29 of the Estates Act.

The court went on to find that the alleged spouse was not in a conjugal relationship with the deceased immediately before his death. The evidence was that they were not residing together, and that there was no intention of reconciliation. Thus, the court concluded that the parents would most likely be appointed as Estate Trustees, as the spouse did not qualify under s. 29 of the Estates Act. They were therefore entrusted with the obligation to dispose of the deceased’s remains.

The court once again confirmed prior case law to the effect that religious laws or beliefs are not a factor that the court may take into consideration. What the court must do is determine who is most properly appointed as Estate Trustee. As the alleged spouse did not qualify under s. 29 of the Estates Act, she could not be appointed as Estate Trustee.

Thanks for reading.

Paul Trudelle

Paul Trudelle - Click here for more information on Paul Trudelle.

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A 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.

The UK based Beaverbrook Foundation had claimed that the paintings were on loan only, whereas Beaverbrook Art Gallery of Fredricton  claimed that the art was gifted by Lord Beaverbrook in the 1950s.   Paintings sent to the gallery before 1959 were found to be gifts, whereas 48 works sent after 1959 (about 10% of the value of the collection) were found to be loans, and are to be returned.

Thank you for reading.

Paul Trudelle
 

Paul Trudelle - Click here for more information on Paul Trudelle.

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In 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. Gonder, (incorrectly cited as 2000 CanLII 27170), the deceased named her sister and brother in law as Estate Trustees. A Certificate of Appointment was obtained by them. However, the Estate Trustees were elderly, and in poor health. They lived far away from the estate, and said that they could not afford to continue to defend litigation that was brought against the estate by one of the heirs. They had already spent $40,000 of their own money in defending the litigation.

The estate was said to be small, consisting of a modest house in Hamilton. By her Will, the deceased left a life interest in the house to her mother. The mother was still alive, but not able to live in the house: the house was vacant. 1/3 of the residue was left to a brother (who brought an action against the Estate, claiming that the house was held by the deceased for his benefit). It is not clear who the other beneficiaries were.

The brother opposed the motion for an Order removing the Estate Trustees. He argued that the legislation did not allow the court to remove Estate Trustees unless another person has consented to replace them. He made no suggestion as to how the Estate Trustees could be relieved of their duty, and submitted that “they are stuck with it”.

The court disagreed. It cited 1867 case law which found that “if there was no means by which a trustee could denude himself of that character, it would operate as a great discouragement to mankind to undertake so arduous a task”.   It also held that a trustee is not bound to show that someone else is ready to act. The court may, however, in an appropriate case, keep the Estate Trustee on, “taking care that the trustee shall not suffer thereby”.

In the present case, the court discharged the Estate Trustees. In the circumstances, it did not feel obliged to keep them before the court. The court ruled that the trustees were not in a position to do anything meaningful. They could not sell the house, due to the litigation, and could not settle the litigation, due to a tax lien that was registered against the property. The brother’s litigation was not prejudiced, as he could move to appoint a litigation administrator.

Thanks for reading.

Paul Trudelle

Paul Trudelle - Click here for more information about Paul Trudelle.

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I 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.

If reports are to be believed, his body has been placed in the Holly Terrace, which is a large hall at the centre of Forest Lawn's monolithic grounds. Although the fascination of Michael Jackson will continue long after his death, the mausoleum is policed by private guards and is rumoured to be among the highest security resting places in the world.

There have been reports indicating that the price of grave-plots close to Michael Jackson's tomb have gone up $2,000 - $3,000 in value since Michael Jackson joined the neighbourhood.

Some reports have indicated that some private parties have asked for substantially more, with one person rumoured to have asked for $34,000 for a double unit inside of the Michael Jackson mausoleum. Even after death, Michael is still making headlines, this time in the cemetery world.

Thank you for reading and I hope you have an enjoyable weekend!

Rick Bickhram

Rick Bickhram - Click here for more information on Rick Bickhram.

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Planning 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.

Recently, I read an article written by Hyman Darling, an Attorney in the State of Massachusetts, in regards to the top 10 issues regarding wills. Mr. Darling states that the top 10 issues that are frequently being considered by the average person are:

1.                  Should I have a Will?

2.                  What kind of Will should I have?

3.                  How does a Will work when I die?

4.                  What if I have a Will but am not satisfied with it?

5.                  Do both spouses need Wills?

6.                  Is it possible to set up a Trust under my Will?

7.                  How can I include a charity in my Will?

8.                  How can a charitable bequest benefit me?

9.                  How much does a Will cost?

10.              How do I go about getting an attorney?

Mr. Darling does an exceptional job at considering each issue and I certainly recommend that everyone considering an estate plan review his article.

Thank you for reading,

Rick Bickhram

Rick Bickhram - Click here for more information on Rick Bickhram.

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Listen 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.lawyers@gmail.com or leave a comment on our blog.

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It 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.

The article describes stories where law enforcement and emergency professionals were not aware or misunderstood the unique limitations of people with disabilities and were unable to offer the best assistance during their need for help. For instance, the article describes “a California man who, while waiting for his bus home from work, was beaten by officers who mistook his folded white cane for a martial arts weapon and a Florida man dumped from his wheelchair by a deputy who didn't believe he was paralyzed.”

The focus of this article should be for family members to be prepared for emergencies. Some helpful tips to becoming prepared are:

1. Instructing family members with disabilities to contact family members right after emergency professionals;

2. Keeping relevant health records in an easily accessible location and instructing family members to give the materials to emergency professionals; and

3. Enlisting your neighbours and nearby friends to offer assistance in emergency situations.

There is no full-proof method of preventing some of the tragedies that the article describes but our family members are the most important people in our lives and we can protect them from traumatic and life-threatening events through careful planning.    

Thank you for reading.

Rick Bickhram

Rick Bickhram - Click here for more information on Rick Bickhram.

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Listen 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.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Ian M. Hull - Click here for more information on Ian Hull.

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After 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.  Our most recent newsletter was released in September 2009.  In the September 2009 issue, Jonathan Morse writes about the fundamental principles behind Rules 74 and 75 of The Rules of Civil Procedure, but more particularly focuses his article on the purpose behind Rule 74.15.

Rule 74.15 allows “any person who appears to have a financial interest in an estate” to obtain orders that would assist them in administering an estate. There is an abundance of case law that defines financial interest and clarifies the threshold question as to who may have a financial interest in an estate.

In his article, Jonathan does a good job in explaining the application of such orders and concludes by referring to a recent decision of the Honourable Justice Brown in Barletta v. Donne, which highlights the recent application of Rule 74.15. 

Thank you for reading,

Rick Bickhram

Rick Bickhram - Click here for more information on Rick Bickhram.

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Ontario now has its first eco-friendly burial ground. Read Sarah Hyndman Fitzpatrick's previous blog on green burials for some more insight on this growing trend.

Cobourg Union Cemetery caters to the eco-conscious. They insure that nothing goes into the ground that is not harmless and biodegradable. The Cemetery permits no markers, headstones, concrete vaults and avoids digging by machinery. The costs for a green burial, in the range of $2,000 to $5,000 are significantly less that costs for a conventional burial.

A funeral business group in Columbia is meeting the needs of another community.
Prevision Exequial sells funeral insurance to Columbia immigrants who live in United States. There was a need in the community to provide affordable funerals for new immigrants from Columbia. For a low monthly cost of $4.12 a month that group guarantees covering the costs of transporting the body or remains to Columbia or the costs for a burial and funeral service in the United States. It also assists with the related paperwork associated to obtaining a death certificate that may be daunting to new immigrants.
 
The funeral industry has adapted to provide a more personal service and meet the changing needs of the population. And while planning your funeral might not be a fun thing to do, there are a lot of choices out there.

On a less morbid note, enjoy the long weekend!

Diane Vieira

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The Leona Hemsley's estate saga continues.

Last month, three animal protection groups filed a petition requesting that the court appeal a previous decision that allowed the trustees of Helmsley’s estate sole discretion to determine how charitable trust funds would be distributed. Rick Bickhram’s previous blog provides a background to this decision.

The animal rights groups allege that Helmsley’s money is not being spent the way she intended and contrary to her expressed intentions to care for the welfare of dogs. The groups object that only $1 million of the $136 million paid out to charitable organizations this year went to organizations that assist with animal welfare. A New York Times article outlines some of the hurdles the animal rights groups face. We will see how this new development plays out.

Of course, Helmsley’s Will caught the media’s attention because she left $12 million to her Maltese, Trouble. Yet, Trouble’s fortune seems small compared to Gunter III, a German Shepherd who was left $80 million by Karlotta Liebenstein, an Austrian countess. If you think that’s unusual, this blog post outlines these two dogs’ fortunes and some additional “interesting” Will bequests. Estate law is almost never boring.

Thanks for reading,

Diane Vieira 

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Listen to:  The Family Law Act - Hull on Estates #178

This week on Hull on Estates Paul Trudelle and Sarah Fitzpatrick discuss the Family Law Act and the elections of equalizations under the Act.

If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

Paul Trudelle - Click here for more information on Paul Trudelle.

Sarah Fitzpatrick - Click here for more information on Sarah Fitzpatrick.

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 I recently finished reading The Girl with the Dragon Tattoo by Swedish author, Stieg Larsson. Larsson is one the world’s best selling authors, having sold 20 million books worldwide. He is currently on both the hardcover and paperback fiction bestsellers lists for the Globe and Mail and the New York Times.

In 2004, shortly after entering into a publishing agreement, Larsson unexpectedly died at the age of 50.  His three bestselling novels were published posthumously and have been immensely popular both in Sweden and internationally.

The drama behind his estate has also captured Sweden’s attention pitting Larsson’s common law spouse of thirty years, Eva Gabrielsson, against Larsson’s other surviving relatives.

While at the time of his death, Larsson’s estate was modest, the success of his books has resulted in a windfall for his estate. A Will made in 1977, leaving his estate to the Communist Workers League, was found to be invalid and Mr. Larsson was found to have died in intestate.  Larsson’s father and brother inherited his full estate.

Gabrielsson inherited nothing from Larsson’s estate and has become a symbol for what many see as unfair inheritance laws. She is currently writing a memoir on her experiences and is working to change Sweden’s inheritance laws to include rights for common-law spouses.

In Ontario, common law spouses are not included in Part II of the Succession Law Reform Act, which governs intestate succession. A common law spouse can bring a dependant’s relief claim to sue the estate for support or bring a claim for unjust enrichment, constructive trust, or quantum meruit claim against the estate.

Thanks for reading,

Diane Vieira 

 Diane Vieira - Click here for more information on Diane Vieira.

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Listen to:  Lost Wills - Part 2 - Hull on Estates and Succession Planning #179

This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin continue their discussion about the importance of Wills and the emotional nature of evaluating the assets of an estate.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Ian M. Hull - Click here for more information on Ian Hull.

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Earlier this month, Elsie Poncher posted on eBay her late husband's crypt for sale. The unique feature about the crypt is its location directly above the crypt of Hollywood icon, Marilyn Monroe in Westwood Village Memorial Park cemetery. Mrs. Poncher decided to sell the valuable crypt and move her husband's remains to another part of the cemetery in order pay the $1.6 million mortgage on her Beverly Hills home.
 
Last week, someone purchased the crypt with a winning bid of $4.6 million. That bid has since fallen through with the bidder unable to pay but there were a number of other multi-million dollar bids which may now become the winning bid.
 
In Ontario, the Cemeteries Act prohibits the private resale of burial plots or crypts. When someone purchases a burial plot, they receive interment rights in perpetuity, not property rights. The property rights belong to the cemetery and if required, transfer to a third party requires the consent of the cemetery and the cemetery maintains the right to buy back the interment rights.
 
However,  in the United States many states do not have similar legislation and some suggest that the reselling of burial plots have increased in recent economic times .
 
Thanks for Reading,

Diane Vieira

Diane Vieira - Click here for more information on Diane Vieira.