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Tag Archives: beneficiary

Hull on Estates #390 – Missing beneficiaries

Posted in Hull on Estates, Hull on Estates, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes
Listen to Hull on Estates #390 – Missing beneficiaries Today on Hull on Estates, Doreen So and David Smith discuss missing beneficiaries and options for locating and dealing with this issue. Should you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page. Click here for more information on … Continue Reading

Hull on Estates #332 – Passing of Accounts

Posted in Hull on Estates, Passing of Accounts, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #332 – Passing of Accounts  Today on Hull on Estates, David Smith and Jonathon Kappy discuss procedural nuances on a passing of accounts application. If you have any questions, please e-mail us at hull.lawyers@gmail.com or leave a comment on our blog page. Click here for more information on David … Continue Reading

Hull on Estates Episode #311 – Beneficiary Designations When a Will Is Revoked

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
 Listen to: Hull on Estates Episode #311 – Beneficiary Designations When a Will Is Revoked    This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss beneficiary designations when a will is revoked. More specifically, they discuss a recent decision made by the Ontario Superior Court of Justice: Petch v. Kuivila, 2012 ONSC … Continue Reading

Correcting Beneficiary Designations

Posted in Estate & Trust
Declarations of beneficiaries of Life Insurance policies are sometimes thought to be “unassailable.” However, where a deceased’s first spouse is unexpectedly the named beneficiary of a life insurance policy owned by the deceased, the second spouse may have recourse to various legal remedies in an attempt to remedy what is argued to be an unjust … 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

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

Variation of Trusts – Hull on Estates Podcast #127

Posted in Estate & Trust, Hull on Estates, Hull on Estates, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes, Show Notes
Listen to Variation of Trusts Craig Vander Zee and Bianca La Neve discuss variation of trusts, with an emphasis on the Variation of Trusts Act and approval of variations of trusts on behalf of minor, unascertained, unborn or contingent beneficiaries.  The well-known case of R. v. Irving (1975), 11. O.R. (2d) 42 (H.C.) is discussed. … Continue Reading

EVEN MORE DISAPPOINTED BENEFICIARIES

Posted in Estate & Trust
The common law in Ontario now appears to clearly provide for claims by “disappointed beneficiaries” against drafting solicitors where a bequest to a beneficiary fails as a result of the negligence of the solicitor. (See Harrison v. Fallis, 2006 CanLII 19457 (ON S.C.)) A decision out of the Saskatchewan Court of Queens Bench appears to … Continue Reading

Double Legacies – A Trap to Avoid

Posted in Estate & Trust, Wills
Spouses commonly execute virtually identical Wills, called “mutual wills”, on the assumption that each will give the same gifts on death out of the same “family” pool of property.  Oftentimes the residue of the estate of the first spouse to die is left to the surviving spouse, as long as he or she lives at least … Continue Reading

The Genesis of Trusts (?)

Posted in Estate & Trust, Trustees
The contemporary attitude is that we live in a young country.  True in some respects.  Yet we own the oldest contiguous institutions.  Trusts are one aspect of this venerable inheritance: the trust is as old as the Common Law.  Actually, a little older in some respects: the English trust finds its roots in the 12th century.   It all started when a few knights … Continue Reading

Beneficiary Designations – Hull on Estate and Succession Planning Podcast #82

Posted in Archived BLOG POSTS - Hull on Estates, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED
Listen to Beneficiary Designations This week on Hull on Estate and Succession Planning, Ian and Suzana discuss core issues in estate planning; specifically the importance of beneficiary designations… 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

Hull on Estate and Succession Planning Podcast #50 – More Tips for Protecting Your Children’s Inheritances

Posted in Hull on Estate and Succession Planning, Hull on Estate and Succession Planning
Listen to "More Tips for Protecting Your Children’s Inheritances" Read the transcribed version of "More Tips for Protecting Your Children’s Inheritances" During Hull on Estate and Succession Planning Podcast #50, Suzana Popovic-Montag and her guest, Jordan Atin continue their discussion on how to protect your children’s inheritances, focusing on strategies to ensure that your chosen beneficiaries do in … Continue Reading

Hull on Estates Podcast #44 – Trustee Obligations to Beneficiaries

Posted in Beneficiary Designations, Executors and Trustees, Hull on Estates, Hull on Estates
LISTEN HERE READ THE TRANSCRIBED PODCAST During Hull on Estates Episode #44, Jason Allan and David Smith discuss the duties and obligations of trustees with specific consideration to trustees of discretionary trusts. They discuss various claims available to beneficiaries against a trustee who is alleged to have acted improperly and the defences available to the … Continue Reading

MAKING AND REVOKING OF BENEFICIARY DESIGNATIONS – PART V

Posted in Archived BLOG POSTS - Hull on Estates, Beneficiary Designations, Wills
We have made note this week of the fact that a beneficiary designation is subject to considerably less legal formality than a Will. The fact that many Canadians do not have Wills often means that the designation of a beneficiary is the primary means by which an individual engages in estate planning. This is particularly … Continue Reading

MAKING AND REVOKING OF BENEFICIARY DESIGNATIONS – PART II

Posted in Archived BLOG POSTS - Hull on Estates, Beneficiary Designations
Yesterday’s blog introduced the topic of beneficiary designations and considered the law in Ontario as it related to the making of beneficiary designations. Today, we consider the law as it relates to the revocation of such beneficiary designations. This applicable statute is section 52 of the Succession Law Reform Act which, as annotated, reads as … Continue Reading
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