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Category Archives: Elder Law Insurance Issues

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Who can you trust?

Posted in Elder Law, Elder Law Insurance Issues, Estate & Trust, Ethical Issues, Litigation
A massive $110 million lawsuit has been brought by the Attorney General’s office in California against a “living trust mill that tricked senior citizens into using their retirement savings to buy annuities that often made less financial sense for the elderly victims but earned the con artists substantial commissions and other income.” Estate Planning Law … 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

An End to Alzheimer’s

Posted in Archived BLOG POSTS - Hull on Estates, Beneficiary Designations, Capacity, Elder Law Insurance Issues, Ethical Issues
January 15, 2007 articles from the National Post and the Globe and Mail describe breakthroughs in Alzheimer’s research. This encouraging news raises the possibility that we may be closer to a cure for this terrible disease, or at least treatments to slow the onset. Families struggling daily against the ravages of dementia can now see … Continue Reading

Examination of Power of Attorney

Posted in Archived BLOG POSTS - Hull on Estates, Elder Law Insurance Issues, Litigation, Power of Attorney
In Re Nesbitt Estates, an unreported 2005 decision of the Ontario Superior Court of Justice that is presently under appeal, the actions of an attorney under power of attorney were scrutinized by the Court in an unusual fact situation. In this case, the attorney managed the property of his elderly aunt and uncle at their … Continue Reading

Hull on Estate and Succession Planning Podcast #32 – Canadian Conference on the Elderly Continued

Posted in Elder Law, Elder Law Insurance Issues, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning
LISTEN HERE READ THE TRANSCRIBED PODCAST HERE During Hull of Estate and Succession Planning Episode 32, we continued to discuss the Elder Law Conference with an emphasis on what the Canadian Centre for Elder Law Studies is currently working on, highlighing their past work and discussing its mission of enriching and informing the elderly in … Continue Reading

Hull on Estate and Succession Planning Podcast #31 – Canadian Conference on the Elderly

Posted in Elder Law Insurance Issues, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning
LISTEN HERE READ THE TRANSCRIBED PODCAST HERE During Hull on Estate and Succession Planning Episode 31, we discussed the various aspects of the Canadian Conference on the Elderly presented by the Canadian Centre for Elder Law including how the Courts are dealing with elder law and elder law situations… Continue Reading

INSURANCE ISSUES AND VIATICAL SETTLEMENTS – PART IV

Posted in Archived BLOG POSTS - Hull on Estates, Elder Law Insurance Issues
In our final blog on this topic (for now), we wanted to look at Canada’s perspective in regard to viatical settlements. At page 10 of the report produced by the Canadian Centre for Elder Law Studies, the study reviews the current law in Canada.The authors note that, in Canada, laws regulating the business of insurance … Continue Reading

INSURANCE ISSUES AND VIATICAL SETTLEMENTS – PART III

Posted in Archived BLOG POSTS - Hull on Estates, Elder Law Insurance Issues
As we review the study paper prepared by the Canadian Centre for Elder Law Studies on viatical settlements, we see that the authors note that a typical viatical settlement contains six steps. Firstly, the holder of a life insurance policy initiates the transaction by filling out and submitting an application and providing any required supporting … Continue Reading

INSURANCE ISSUES AND VIATICAL SETTLEMENTS – PART II

Posted in Archived BLOG POSTS - Hull on Estates, Elder Law Insurance Issues
Continuing with our review of the Canadian Centre for Elder Law Studies’ paper on viatical settlements, we note that the paper is broken down into 7 parts, starting with a brief introduction and an examination of typical viatical settlements. There is also a review of American academic articles and the study looked at the historical … Continue Reading

INSURANCE ISSUES AND VIATICAL SETTLEMENTS – PART I

Posted in Archived BLOG POSTS - Hull on Estates, Elder Law Insurance Issues
The Canadian Centre for Elder Law Studies has produced an excellent study paper on viatical settlements. In the executive summary, the study paper defines a viatical settlement as a transaction in which an insured person with diminished life expectancy transfers the entitlement to receive the death benefit under the policy of insurance to another person. … Continue Reading

Hull on Estates Podcast # 5 – More on Drafting Wills

Posted in Elder Law Insurance Issues, Hull on Estates, Hull on Estates
LISTEN HERE READ THE TRANSCRIBED PODCAST During our podcast, we discussed the following legal issues: (i) constructive trusts; (ii) specific devices and bequests; (iii) life insurance; (iv) the description of beneficiaries; (v) trusts/life interests; (vi) the selection and powers of trustees, including the power to encroach; and (vii) ademption. ——&#… Continue Reading
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