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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Examining Litigation in Ontario – Part 2

This week on Hull on Estates and Succession Planning, Ian and Suzana focus on Will challenges. More specifically, what a lawsuit or litigation would be like if those involved resided outside of Ontario. Issues examined include when more than one Will is left such as a primary and secondary Wills, what happens when someone gets married, summary judgments and costs.

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Examining Legislation in Ontario

This week on Hull on Estates and Succession Planning, Ian and Suzana talk about what a lawsuit or litigation would be like if those involved resided outside of Ontario. Issues discussed include knowing what to expect, what the system is about and how it works.
 

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to:Settlement and the ADR Process-Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue the discussion on mediation, settlement and the ADR process. Topics discussed include: what is crucial to a case, good preparation, and the purpose of an open session.

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Recap: OBA Trust and Estates Section - Hull on Estates #211

This week on Hull on Estates Craig Vander Zee and Chris Graham change the pace by recapping the OBA Trust and Estates Section, year end dinner that on June 1, 2010. Held in the distillery district, the evening was a tribute to those who had won awards and an opportunity to pay tribute to the Honourable Justice Cullity.

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

Craig R. Vander Zee – Click here for more information on Craig Vander Zee.

Christopher M.B. Graham – Click here for more information on Chris Graham.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Settlement and the ADR Process

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss settlement and the ADR process. This topic was spurred after the ILCO Conference in Quebec City that Ian and Suzana co-presented at.
 

Also, Suzana announced that a “Best Of” CD is available. This CD is a compilation of all the “best” podcasts over the past year. To get a copy of the CD email Suzana with your contact information at: spopovic@hullandhull.com.
 

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 to learn more about Ian Hull.

Suzana Popovic-Montag - Click here to learn more about Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Avoiding Trust Issues - Hull on Estates and Succession Planning #202

This week on Hull on Estate and Succession Planning, Ian discusses ways to avoid the trouble a trust creates by using insurance products.

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Tax Planning – Hull on Estates and Succession Planning # 201

This week on Hull on Estate and Succession Planning, Ian discusses tax planning and how tax issues are connected to estate planning. Ian focuses on four main issues of Canadian domestic tax planning. These issues are:

1.    Capital gains tax in Ontario and Canada
2.    The use of an estate freeze as a domestic tax planning tool
3.    Dealing with tax planning the context of an estate or the sale of a business
4.    Family succession generally
 

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

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

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to:  Planned Giving - Part 5 - Hull on Estate and Succession Planning #199

This week on Hull on Estate and Succession Planning, Ian and Suzana continue the discussion from last week on the importance of planned and charitable giving with a focus on the book “The Art of Giving Where the Soul Meets a Business Plan” by Charles Bronfman and Jeffrey Solomon.

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

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

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Planned Giving - Part 4 - Hull on Estate and Succession Planning #198

This week on Hull on Estate and Succession Planning, Ian Hull continues his discussion on charitable remainder trusts.

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Planned Giving - Part 3 - Hull on Estate and Succession Planning #197

This week on Hull on Estate and Succession Planning, Ian Hull discusses the importance of charitable giving.

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Planned Giving - Part 2 - Hull on Estates and Succession Planning #196

This week on Hull on Estates and Succession Planning, Ian Hull continues his discussion from last week on Planned Giving.

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Planned Giving - Part 1 - Hull on Estates and Succession Planning #195

This week on Hull on Estates and Succession Planning, Ian talks about the new series he and Suzana will be starting on the podcast: planned giving.

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Guardianship Applications - Hull on Estate and Succession Planning #194

This week on Hull on Estates and Succession Planning, Ian and Suzana talk about taking a non-contentious step toward obtaining a guardianship application. 

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

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

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Limited Power of Attorney - Hull on Estates and Succession Planning #193

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the issues with having a limited Power of Attorney or no Power of Attorney at all.

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Announcements - Hull on Estates and Succession Planning #192

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss Hull & Hull's most recent Breakfast Learning Series and the upcoming changes being made to the firms website. 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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.com or leave a comment on our blog.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

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 about Ian Hull.

Suzana Popovic-Montag - Click here for more information about Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Emotional Estate Disputes - Hull on Estates and Succession Planning #189

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag discuss emotional estate disputes amongst families.

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to:  The Holiday Season - Hull on Estates and Succession Planning #188

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag address the issue of family discussions about succession planning as they arise during the holiday season.

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Power of Attorney - Part 6 - Hull on Estates and Succession Planning #187

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the importance of confidentiality when acting as Power of Attorney.

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Power of Attorney - Part 5 - Hull on Estates and Succession Planning #186

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag continue their conversation regarding compensation for attorneys and guardians of personal care.

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to:  Power of Attorney - Part 4 - Hull on Estates and Succession Planning #185

This week on Hull on Estates and Succession Planning, Ian Hull discusses the difficult topic of arranging payment for the Power of Attorney.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Power of Attorney - Part 3 - Hull on Estates and Succession Planning #184

This week on Hull on Estates and Succession Planning, Ian Hull focuses on the importance of capacity assessments.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag discuss the basic principles when there is a dispute over power of attorney in a Will.

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Power of Attorney - Part 1 - Hull on Estates and Succession Planning #182

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag introduce their next mini-series which will discuss engaging with litigation regarding power of attorney.

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.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Lost Wills - Hull on Estates and Succession Planning #178

This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin discuss the difficulties of losing your Will and how to overcome them.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Vacation Preparation - Hull on Estate and Succession Planning #177

This week on Hull on Estate and Succession Planning, Ian Hull and Jordan Atin discuss the importance of having your Will in order before going on vacation.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Tax Issues for Estate Planning - Hull on Estate and Succession Planning #176

This week on Hull on Estate and Succession Planning, Ian Hull goes through a summary of considerations for dealing with Canadian tax issues from an estate planning point of view.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: Transferring the Family Cottage - Part 7 - Hull on Estates and Succession Planning #175

This week on Hull on Estate and Succession Planning, Ian and Suzana recap their cottage series and discuss the possibilities that may arise with the beneficiaries, such as disinterest in the property or incapacitation.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to: 

Transferring the Family Cottage - Part 6 - Hull on Estate and Succession Planning #174

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion about the best practices for transferring the family cottage to the next generation while addressing the issue of defaulting on a trust or contract that was previously agreed upon by all beneficiaries.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to - Transferring the Family Cottage - Part 5 - Hull on Estate and Succession Planning

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion of the most efficient methods for transferring the family cottage.  Ian and Suzana discuss the effectiveness of using a trust or legally binding agreement for the beneficiaries and how to create one.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Transferring the Family Cottage -Part 4

This week on Hull on Estate and Succession Planning Ian and Suzana continue their discussion of the transfer of the family cottage. They explore three ways of transferring the cottage on death; 1) Putting the gift of the cottage in your will 2) Testamentary Trust and 3) Outright gifting.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Transferring the Family Cottage - Part 3 - Hull on Estate and Succession Planning #171

This week on Hull on Estate and Succession Planning Ian and Suzana look at the more complex solutions to the transfer of a cottage. The discuss the inter vivos transfer  - putting the cottage in trust for your children while you are living. 

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Family Property - Part 2

This week on Hull on Estate and Succession Planning Ian and Suzana continue their discussion on the family property. They look into two simple options when choosing to manage the transfer of wealth of a cottage - gifting it during your lifetime and selling the property.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Social Media and Being Specific Wrap-up

This week on Hull on Estate and Succession planning Ian Hull and Suzana Popovic-Montag begin their discussion by relating Star Trek to social media in terms of technology, costs and viewer/reader feedback. They continue on with a wind-up of their Being Specific series and discuss the last stage of how things unfold. Finally, Suzana mentions a blog post relating to costs from the New York Probate & Estate Litigation Blog by Philip Bernstein.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Being Specific About Costs

This week on Hull on Estate and Succession Planning, Ian and Suzana get into specifics regarding costs.
They discuss specific illustrations where motions can arise; both strategic motions and those that can be predicted and look into why costs may be so high.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Uncertainties in Litigation

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the uncertainties in litigation. They look at the great uncertainty of interlocutory (or injunctions, or motions) throughout the process.

They talk about the motions that are brought often that can create budget difficulties due to the unknowns in litigation.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Question of Costs - Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the question of costs. Specifically, they discuss the estimated costs when engaging a lawyer.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Question of Costs

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the question of costs. They talk about where people get paid out of in typical estate contested matter and begin to discuss what the costs are and what it really costs a client to engage a lawyer.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Illustrating the Use of Technology

This week on Hull on Estate and Succession Planning Ian and Suzana illustrate the use of technology. They discuss the tools they use, knowledge management within their firm and how technology has made things much more accessible for current lawyers and law students.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Issues the Arise with an Incapable Spouse

This week on Hull on Estate and Succession Planning, Ian and Suzana pick up on the last couple points on the Canadian Conference on Elder Law put on by the Canadian Bar Association conference in Kingston, Ontario on June 9, 2009. They discuss another topic that will come at the conference; the question of family law and elder law. They explore the issue that arises when a couple who is advanced in years, finds one of them to be incapable They also briefly discuss other blogs that are available for those who are interested and they mention a great place to start would be lawblogs.ca.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Social Media and the Canadian Conference on Elder Law

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the idea of knowing what is going on around us in social media. They mention the Canadian Conference on Elder Law put on by the Canadian Bar Association conference in Kingston, Ontario on June 9, 2009. One of the first topics at the conference will be on assessing the capacity assessor. Ian and Suzana discuss assessing the assessor and the pros, cons and what should be expected. They talk about what they see in their practice as important elements of a good assessment and where they might see some problems.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Freezing of the Assets

This week on Hull on Estate and Succession Planning Ian and Suzana discuss what the freezing of the assets step means and what the typical approach is for dealing with situations in which this step needs to be taken.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to What Do We Expect From Our Clients?

This week on Hull and Estate and Succession Planning, Ian and Suzana discuss what we expect and what we can expect from clients. This topic was prompted by the recent changes by the Law Society to the bylaws in terms of what to ask clients. They discuss the changes and how they are important in the general practice and in specific practice.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Positive Side of the Second Marriage

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the positive side of the second marriage from a planning standpoint with a focus on capacity planning.
They discuss both property and personal care.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to  Managing Disputes That Arise From Second Marriages

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss managing family disputes that arise out of second or third marriage relationships.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 Listen to The Drafting of Wills -Part 2 - The Specifics of Charitable Giving

This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin continue their discussion on the drafting of wills and take a closer look at the specifics of charitable giving.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Drafting of Wills

This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin discuss drafting wills and some of the more personal aspects of it such as family matters and charitable giving.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Estate Free - Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on Estate Freezes and discuss the rights that shareholders have.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Estate Freeze

This week on Hull and Estate and Succession Planning, Ian and Suzana discuss the estate freeze, what it is and why people would do typically do that in their estates.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Decision of Frye vs. Frye.

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the decision of Frye vs. Frye. In this case the court of appeal struggled with two competing documents. This created problems because there was a will issue that did not match up to the shareholders agreement that was created.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to How Capacity Can Impact on Efforts to Create a Decision Making Tree

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss how capacity and one's capacity can impact on efforts to create a decision making tree.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Shareholders Agreements in the Context of an Estate Plan - Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on shareholders agreements in the context of an estate plan. They discuss the fact that when creating a shareholders agreement we should deal with the day to day governance not the global governance which deals with directors and officers.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Shareholders agreements in the context of an estate plan

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss what a shareholders agreement is and how that can be an important tool in the context of an estate plan. They focus on the fact that the efforts to create a shareholders agreement forces the family to consider what they're going to do with the estate plan and where they're going to go forward.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Fundamental business concepts that impact estate planning

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss some of the fundamental business concepts that impact estate planning. They also talk about the need to disclose and why that is important, using the illustration of the use of shareholders agreements.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Choice of Personal Representative

This week on Hull on Estate and Succession Planning, Ian and Suzana look in more detail at choosing a personal representative and how to minimize tension when doing this.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Administering Assets that are Personal Property

In this episode, Ian and Suzana discuss how to approach administering assets that are personal property items.  This is particularly relevant in the holiday season when valuable gifts are often exchanged, be they paintings, furniture or jewelry.

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

blog

.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Use and Impact of Trust Companies

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the use and impact of trust companies in estate planning, the pros and cons, and how they are used in an efficient way in general estate planning and in some of the contentious situations.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Guardianship in Canada

This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about how the law has changed in Canada as it pertains to the appointment of guardians. Rodney suggests that today's laws (post-1994) are clearer than they were in the past.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Benefits of the Family Meeting

This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about the benefits of holding a family meeting to discuss estate matters while the testator is still alive. They both extend their condolences to the family of Ted Rogers, who passed away today.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Direct and Indirect Approaches to Estate Planning - Part 1

This week on Hull on Estate and Succession Planning, Ian and Suzana start a discussion on their global philosophy toward the estate planning process. There are direct and indirect approaches to capacity and estate planning and in this episode, Ian and Suzana explore these approaches as they pertain to the choice of attorney.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 Listen to Will Challenge wrap-up and Power of Attorney Litigation

This week on Hull on Estate and Succession Planning, Ian and Suzana give a final comment on Will Challenge litigation and speak about their topic at the Canadian Conference on Elder Law in Vancouver; Power of Attorney Litigation.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 13 [Audio Version Currently Not  Available]

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the five factors the court looks at when challenging a will.

1) Lack of testamentary capacity
2) Undue Influence
3) Due execution or properly executing a will.
4) Suspicious circumstances
5) Fraud

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 12

This week on Hull on Estate and Succession Planning, Ian and Suzana clarify the distinction between claims of resulting trust and claims of constructive trust.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 11

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about the differences between quantum meruit and propriety estoppel. As with any add-on claims, the courts require solid corroboration. They also discuss claims of resulting trust and claims of constructive trust.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 10

This week on Hull on Estates, Ian and Suzana discuss extraneous claims that can arise during a will challenge. In particular, they talk about propriety estoppel and other situations where someone worked to their detriment in the context of an estate dispute. For these kinds of claims, you require solid corroboration. Next week, Ian and Suzana will address the differences between quantum meruit and proprietary estoppel.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 9

This week on Hull on Estates, Ian and Suzana discuss other claims that can be made concurrent to a classic will challenge. In particular, they talk about quantum meruit claims and how these can be interpreted differently depending on the situation.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 8

This week on Hull on Estates, Ian and Suzana discuss corporate issues and implications during a will challenge. Issues of testamentary capacity and undue influence can become extremely complex questions to investigate in a corporate inquiry.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 7

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They discuss fraud as one of the most serious ways in which a will can be challenged. Evidential requirements are important when allegations of fraud or forgery are made. Handwriting analysis and other scientific means of determining the legitimacy of evidence can be employed to determine whether or not fraud has occurred. Ian and Suzana also talk about lack of proper execution being grounds to challenge a will.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Or, listen to Will Challenge Litigation - Part 6 by clicking here.

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They pick up where they left off last week by addressing undue influence. What is undue influence and how do we prove it? Next week they will continue their discussion on the different grounds upon which a will can be challenged.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Or, listen to the audio version of Will Challenge Litigation - Part 5

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They continue to discuss the process of will challenges in closer detail. What makes a good case? They talk about the five different grounds upon which a will can be challenged:

1. Lack of testamentary capacity
2. Existence of suspicious circumstances
3. Will not having been properly executed
4. Existence of undue influence
5. Possibility of fraud

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They continue to discuss the value of the discovery process and intense investigation. The goal is to get to the mediation process as soon as possible. New evidence may lead to the next stage: the pre-trial. Ian and Suzana talk about the pre-trial process and what you can expect during this stage.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation Part 4

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They continue to discuss the value of the discovery process and intense investigation. The goal is to get to the mediation process as soon as possible. New evidence may lead to the next stage: the pre-trial. Ian and Suzana talk about the pre-trial process and what you can expect during this stage.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 3

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They discuss what happens during the Discovery process and explore what Mediation is and how it works. Will challenge proceedings can benefit greatly from facilitation during the litigation process.

To see the video version of this podcast, you can also download it from iTunes or watch it on YouTube on the Hull and Hull channel: http://www.youtube.com/HullandHullLLP

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They cover how a comprehensive preliminary investigation can help litigation and discuss how a motion of claim is filed to set the stage to move forward with a trial.

Core documents that accompany these stages are:

The next stage is the discovery process and will be the topic that gets next week's podcast off to a start.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

Listen to Will Challenge Litigation - Part 1

This week on Hull and Estates, Ian and Suzana kick off their new video format.This podcast is an audio version of the video podcast that is available on YouTube here: http://www.youtube.com/watch?v=udEcTpLFIkk

This week's episode also marks the beginning of a new segment that tackles Will Challenge Litigation step-by-step.

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 the Hull on Estate and Succession Planning blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Calculating Compensation

This week, Ian and Suzana discuss the number of emails they received last week about cross-reference analysis and compensation. Ian references 5 cases that are important to this subject:

1. Logan vs Laing - Ontario Court of Appeal
2. Toronto Railway Trust
3. Re. Knoch (1982)
4. George William Trust
5. Re. Jeffrey

They explain and continue talking about calculating compensation and how to audit the claim for compensation.

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 the Hull on Estate and Succession Planning blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Accounting Concepts and Definitions

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about accounting concepts and definitions after receiving requests from listeners to outline a more general framework for estate administration.

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 the Hull on Estate and Succession Planning blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Investment Account Issues and Considerations

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about how good trustees deal with accounting issues in volatile markets and other investment considerations.


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 the Hull on Estate and Succession Planning blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to The Capital Account

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about taking capital out of an account and what to consider along the way.

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 the Hull on Estate and Succession Planning blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Pre-probate Checklist

This week on Hull on Estates, Ian and Suzana discuss last week's Ontario Bar Association Conference (featuring Clare Burns and Jordin Atin as speakers).

They then wrap up their ongoing discussion about some useful steps to remember when administering an estate.

If you'd like to leave a comment, call us on our comment line at 206-457-1985 or leave us an email at hullandhull@gmail.com or you can visit our blog at estatelaw.hullandhull.com/.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Asset Particulars

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about the importance of keeping track of asset details.

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 the Hull on Estate and Succession Planning blog.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Listen to Initial Estate Meetings

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss how important it is to be prepared for an initial meeting with an estate lawyer.

They have also been listening to and reading David Maister's new (audio)book Strategy and the Fat Smoker and continue their conversation on The Tipping Point by Malcolm Gladwell.

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 the Hull on Estate and Succession Planning blog.