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Category Archives: Beneficiary Designations

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R. R. S. P. E. C. T.

Posted in Beneficiary Designations
Several members of our firm attended the recent Brown Bag Lunch hosted by the Ontario Bar Association.  The case of Amherst Crane Rentals Ltd. v. Perring was addressed.   The deceased passed away in 1998, leaving a will naming his wife as his estate trustee and the sole beneficiary of his estate.  She was also designated … Continue Reading

Lapse & Anti-Lapse

Posted in Beneficiary Designations
A question often arises amongst estate trustees as to what should be done if an individual dies testate, yet, is predeceased by a beneficiary in the testamentary document. When this type of situation arises, attention must be given to the Succession Law Reform Act (“SLRA”).  Section 23 of the SLRA states: “Except when a contrary intention … Continue Reading

How Many Children Do You Have?

Posted in Beneficiary Designations
In Estate planning, a basic question asked of a testator is how many children they have.  While the answer is usually straight-forward, a legal battle in British Columbia may make the question more difficult.    For years, Olivia Pratten has tried to find out the identity of her biological father.  If the British Columbia Court of … Continue Reading

Can an Email Change a Life Insurance Beneficiary Designation in Saskatchewan?

Posted in Beneficiary Designations
In a recent Saskatchewan case, Love v. Love, 2011 SKQB 176 (CanLII), the question arose whether an email constituted a sufficient declaration to change the beneficiary designation in a life insurance policy. In the case, an ex-wife applied for a declaration that she was the designated beneficiary of her deceased ex-husband’s group life insurance policy. The … Continue Reading

Life Insurance Locator Service

Posted in Beneficiary Designations, Estate & Trust, General Interest, RRSPs/Insurance Policies
  Ever wonder if (or wish that) you might be the lucky beneficiary of a hefty life insurance policy left to you by some benevolent benefactor? Well now you can find out if your wishes have come true.  A life insurance policy locator service created and maintained by MIB Solutions Inc. allows you to search 170 million … Continue Reading

An Annuity by Will

Posted in Beneficiary Designations, Common Law Spouses, Estate Planning, Hull on Estates, Hull on Estates, Trustees
Annuities are often employed when an individual plans his or her estate. We have covered different aspects of annuities on past blogs on Hull on Estates. A testator, for example, may choose to have one child’s portion of the future estate placed into an annuity that will create a flow of money over time. The child would have … Continue Reading

Guardianship in Canada – Hull on Estate and Succession Planning

Posted in Beneficiary Designations, Capacity, Estate & Trust, Ethical Issues, Guardianship, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes, TOPICS
  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 … Continue Reading

The Benefits of the Family Meeting – Hull on Estate and Succession Planning #141

Posted in Beneficiary Designations, Estate & Trust, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes, TOPICS
  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 … Continue Reading

Rose v. Rose – Hull on Estates #139

Posted in Beneficiary Designations, Estate & Trust, Hull on Estates, Hull on Estates, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes, Show Notes, TOPICS
Listen to Rose v. Rose This week on Hull on Estates, Rodney Hull and Jonathan Morse discuss the case of Rose v. Rose [which can be found at 24ETR(3D)217 or 81OR(3D)349]. The case is valuable and instructive as it  raises questions about rectification, rescission and removal of the trustees. Feel free to send us an … Continue Reading

Direct and Indirect Approaches to Estate Planning – Part 1

Posted in Beneficiary Designations, Capacity, Estate & Trust, Estate Planning, Executors and Trustees, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Litigation, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes, TOPICS
  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 … Continue Reading

The Interrelationship Between a Guardian of Property and a Trustee Under a Testamentary Trust – Hull on Estates Podcast # 133

Posted in Beneficiary Designations, Capacity, Estate & Trust, Guardianship, Hull on Estates, Hull on Estates, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes, Show Notes, TOPICS
  Listen to: The Interrelationship Between a Guardian of Property and a Trustee Under a Testamentary Trust This week on Hull on Estates, Rick Bickhram and David M. Smith discuss the complications that can arise when an incapable person is both the subject of a guardianship order and the beneficiary of a testamentary trust. Comments? … Continue Reading

Hall v McLaughlin – Hull on Estate and Succession Planning Podcast #71

Posted in Beneficiary Designations, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED
Listen to "Hall v McLaughlin" Read the transcribed version of "Hall v McLaughlin" This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the case of Hall v McLaughlin. This case explores the issue of whether or not a mirror/mutual will written early in life is binding. It illustrates the importance of … Continue Reading

Breach of Trust – Criminal Penalties

Posted in Archived BLOG POSTS - Hull on Estates, Beneficiary Designations, Ethical Issues
Yesterday I suggested that criminal charges in Estates, capacity and trust cases might become more common. In R. v. Bunn (2000), C.C.C. (3d) 505,  the Supreme Court of Canada considered the sentencing of a Manitoba lawyer convicted of converting some $86,000 worth of trust monies to his own use. The accused acted as attorney for … Continue Reading

Estate Planning Considerations in the Context of Married and Unmarried Spouses – Hull on Estate and Succession Planning Podcast #54

Posted in Beneficiary Designations, Funerals, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning
Listen to "Estate Planning Considerations in the Context of Married and Unmarried Spouses" Read the transcribed version of "Estate Planning Considerations in the Context of Married and Unmarried Spouses" During Hull on Estate and Succession Planning Episode #54, Ian and Suzana discuss how to avoid Will drafting problems when creating beneficiary designations for insurance trusts. They … Continue Reading

Hull on Estate and Succession Planning Podcast #53 – Beneficiary Designation Considerations for Spousal Trusts

Posted in Beneficiary Designations, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning
Listen to "Beneficiary Designation Considerations for Spousal Trusts" Read the transcribed version of "Beneficiary Designation Considerations for Spousal Trusts" During Hull on Estate and Succession Planning Episode #53, Ian Hull and Suzana Popovic-Montag build on their last podcast regarding succession planning for married couples, and turn their focus to spousal trusts. They discuss administrative expenses … Continue Reading

Don’t be so literal! The importance of Testamentary Intent

Posted in Archived BLOG POSTS - Hull on Estates, Beneficiary Designations, Ethical Issues
In a recent decision out of Québec, Broodney v. Herzog [2006] Q.J. No. 14933, testamentary intent trumped the literal wording of a Will. The testator had been involved in a loving relationship with Harry Broodney. They had lived together for twelve years. In a 1995 Will, the testator left Harry $25,000.00. In a 1998 Codicil, … Continue Reading

Dependant Support Claims and Joint Insurance Policies

Posted in Archived BLOG POSTS - Hull on Estates, Beneficiary Designations, Elder Law Insurance Issues
Section 72(1) of Ontario’s Succession Law Reform Act allows a court to deem various assets that may normally fall outside of a deceased’s estate, to be part of the estate for the purposes of satisfying a dependant support claim. This usually includes “any amount payable under a policy of insurance effected on the life of … Continue Reading

Will Interpretation Problems and the Residue of an Estate

Posted in Archived BLOG POSTS - Hull on Estates, Beneficiary Designations, Executors and Trustees, Wills
Yesterday, we set out the first of a series of interpretation problems identified by Rodney Hull, Q.C. that often arise in Wills. Today, we set out another common provision that tends to cause difficulty … (1) THE RULE IN SAUNDERS v. VAUTIER (1841), Cr. & Ph. 240. (2) THE CLAUSE – “The residue of my … Continue Reading
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