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Tag Archives: Estate

International Children’s Memorial Place

Posted in General Interest
  Prince Edward Island is the home of the International Children’s Memorial Place (“ICMP”). The mission of the ICMP is to promote and foster the health and well-being of individuals and families who grieve for the physical and emotional loss of a child. ICMP operates a beautiful 12 acre park dedicated to the memory of … Continue Reading

“Ordinarily Occupied” When Not Occupied

Posted in Litigation
Yesterday, I blogged on a case that considered whether a cottage could be considered a second “matrimonial home” for equalization purposes under the Family Law Act. Today, I would like to consider a case that addresses whether a home that was vacated by a claimant prior to the spouse’s death could be considered to be a … Continue Reading

Intention Matters: Matrimonial Homes

Posted in Litigation
At a recent Trusts and Estates Brown Bag Lunch (held on the third Tuesday of most months at various locations: see the OBA web page, here), we discussed the case of Egan v. Burton, 2013 ONSC 3063 (CanLII). There, in the context of a family law proceeding, the issue was whether a cottage was a … Continue Reading

Hull on Estates #347 – Application or Action?

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #347 – Application or Action? Today on Hull on Estates, Moira Visoiu and Jonathon Kappy discuss when an application should be converted to an action. If 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 #346 – Stepping Down as an Estate Trustee

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes, Trustees
Listen to: Hull on Estates Episode #346 – Stepping Down as an Estate Trustee Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the resignation, retirement and renunciation of executors and trustees. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page. Click here for … Continue Reading

Bequests to Witnesses Void

Posted in Litigation, Wills
Several years ago, my neighbour asked me to witness the execution of his will. I was glad to help, but at the same time, a little disappointed. This is because of s. 12(1) of the Succession Law Reform Act. This section provides that, in effect, a bequest to a witness, the witness’s spouse, or a person claiming … Continue Reading

Renunciation, Resignation, Passing Over And Removal of Estate Trustees

Posted in Executors and Trustees, Litigation
A recent decision of the Ontario Court of Appeal, Chambers Estate v. Chambers, 2013 ONCA 511, deals with the concepts of renunciation, resignation, removal and passing over of an estate trustee, and the sometimes subtle distinctions amongst the concepts. There, a “renunciation” is defined as the “formal act whereby an executor entitled to a grant of probate … Continue Reading

Ruling on the Issue of Three Parents

Posted in Litigation
In the case of H. v. R., R is the biological father of a child conceived with a lesbian friend, and H is R’s former same-sex partner. R and H’s relationship ended in 2006, when the child was three years old, and there were unfortunately no written arrangements in place with respect to H’s role … Continue Reading

Hull on Estates #337 – Bankrupt Estates

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #337 – Bankrupt Estates Today on Hull on Estates, Holly LeValliant and Natalia Angelini discuss what happens to a home held in joint-tenancy when, after death, the deceased individual’s estate is pushed into bankruptcy. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on … Continue Reading

Another Battle for End of Life Decision-Making

Posted in Litigation
Many estate practitioners are familiar with the Rasouli case, which we have blogged and podcasted on in the past.   In that case, the Ontario Court of Appeal upheld a decision of the Superior Court of Justice that doctors must get approval from the Consent and Capacity Board in circumstances where their decision to withdraw life-support treatment … Continue Reading

He Said What?

Posted in Litigation
  Slang plays a large part in our daily lives. Keeping up with slang expressions can be a near impossible task. However, thanks to the Urban Dictionary website, that task is an easier one. Urban Dictionary, started in 1999, is a “crowdsourced” collection of slang. Readers can submit slang words and definitions, and other readers can “vote” … Continue Reading

Hull on Estates #327 – Tips for Young Advocates

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates #327 – Tips for Young Advocates Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss a recent article in the March 2013 issue of The Advocates’ Journal titled “Judges’ Tips for Young Advocates” by Gillian Kerr. If you have any questions, please e-mail us at hull.lawyers@gmail.com or leave … Continue Reading

Hull on Estates Episode #325 – Top Cases of 2012

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
 Listen to: Hull on Estates #325 – Top Cases of 2012 Today on Hull on Estates, Stuart Clark and Natalia Angelini discuss two of the most interesting cases of 2012 – Rasouli v. Sunnybrook Health Services Centre and another case dealing with proprietary estoppel. If you have any questions, please email us at hull.lawyers@gmail.com or … Continue Reading

Campaign to Curb Wandering

Posted in In the News
With the growing population of older Canadians we also face increasing numbers of people with dementia, and with that families who are likely anxious of the risks of their loved ones going missing. I can appreciate how scary this must be, and given the statistics – three out of five people suffering from dementia go missing – … Continue Reading

The Unhappy 21st Birthday

Posted in Estate & Trust
As a recent article in The Lawyers Weekly (March 15, 2013 issue) reminds us, the 21-year rule operates by deeming a trust to have sold its property on the day that is 21 years after the trust’s creation, and every 21 years thereafter, at a price equal to fair market value. The trust is then deemed … Continue Reading

Secret Trusts

Posted in Estate & Trust
Where a person wishes to make a gift by will but keep the recipient and the nature of the gift away from public scrutiny, the testator could leave such a gift to a third party to hold on a secret trust for a beneficiary.   The essentials of a secret trust created by equitable principles … Continue Reading

Taking a chance on your inheritance

Posted in In the News
I am obsessed with mastering Parchesi (great board game that I highly recommend to those of you who still play!).  I play weekly, and I can’t even fathom risking something more than my next move on a roll of the dice, which is why the real-life story of a man who thought up having his … Continue Reading

Taxation of Trusts and Estates

Posted in Estate & Trust
As part of Canada Revenue Agency’s increased focus on tax compliance for trusts and estates, in the last couple of years it has made the following additions to its compliance program: ·                     Ontario Region Trust and Estates Coordinator – the person in this position is tasked with, among other things, coordinating and prioritizing the estates … Continue Reading

Attorneyship Accounting With a Capable Grantor

Posted in Power of Attorney
There has been much written on the accounting duties of attorneys, and several cases address the issue. One such case may be helpful to those attorneys who find themselves being called to account by third parties notwithstanding that the grantor of the power of attorney is mentally capable and has not requested any accounting.  In Koperniak … Continue Reading

Support Your Parents

Posted in Elder Law, Litigation
“You never call”: a common lament of elderly parents aimed at their adult children. Now, it appears that failing to call, or more specifically, to visit your parents in China may result in legal action. According to a recent Toronto Star article, China has recently amended its law on the elderly to require that adult children … Continue Reading
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