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Tag Archives: estates

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

The Estate Trustee as Controlling Shareholder

Posted in Estate & Trust
Unless there is a contrary provision in the Will, common sense and business acumen suggests that an estate trustee should be a director of an estate-controlled private corporation.  In such capacity, the executor is best able to oversee the management of the business and ensure that this asset of the estate is safeguarded.  In an … Continue Reading

Hull on Estates #287 – Estates and Charter Claims

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates #287 – Estates and Charter Claims This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss whether or not estates can pursue charter claims. Specifically, they discuss Grant v. Winnipeg Regional Health Authority and a blog post written by Diane Vieira titled, "An Estate Cannot Pursue Charter Claims." Please … Continue Reading

Hull on Estates #280 – Common Law Relationships and Dependent Support Claims

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates #280 – Common Law Relationships and Dependent Support Claims This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss what is required to prove a common law relationship. The courts take a liberal approach to determining whether a relationship is common law.  The general factors used to assess … Continue Reading

Recent Continuing Legal Education

Posted in Estate & Trust
Yesterday I had the pleasure of attending and presenting at the Law Society of Upper Canada’s Six Minute Estates Lawyer Program.  The Program was the morning in length and was Chaired by Hilary Laidlaw and Timothy Youdan.  The papers provided, together with the presentations, were very informative and intriguing. The topics included an update on Family … Continue Reading

OBA Trusts and Estates Section Year End Dinner

Posted in Estate & Trust
The Ontario Bar Association (OBA), Trusts and Estates Section, year end dinner is taking place on Tuesday, May 31, 2011 at the Archeo (Distillery District), 55 Mill Street, Building 45, Toronto. The Reception begins at 5:30 p.m. with Dinner at 6:30 p.m. As Chair of the Section, I will have the pleasure of bringing the past year … Continue Reading

Proposed Amendments to the Estate Administration Tax Act

Posted in Estate & Trust
The Ontario Government’s recent Bill 173 (the Budget Bill) deals with, amongst many other things, proposed amendments to Estate Administration Tax Act, 1998 (Schedule 14). Estate Administration Tax is applied to the value of an estate when the estate’s representative applies to the court for a certificate of appointment of estate trustee (often referred to as … Continue Reading

Reminder – 2011 Award of Excellence Nominations

Posted in Estate & Trust, Litigation, Wills
Each year the Ontario Bar Association (OBA), Trusts and Estates Section, considers candidates for its Award of Excellence. Last year, the Section paid tribute to Hilary Laidlaw as the recipient.  The Award for Excellence was created to recognize exceptional contributions and achievements by members of the OBA to the area of trusts and estates. Any Trusts and … Continue Reading

Blog In Review

Posted in General Interest
 In this our very last blog of the year, we thank all our readers the far and the near. The privilege of writing our blogs for you all, has been all of ours and we hope that you call or email or write so that we may hear what you wish us to cover for … Continue Reading

So You Wish To Vary A Trust

Posted in Estate & Trust
Those wishing to vary a trust in Ontario, can look to the Variation of Trusts Act (R.S.O. 1990, c. V.1) (Act) for the authority to do so. Although the Act is surprisingly only one section in length, do not let the length fool you. Essentially, the Act permits the Court to approve a variation of a … Continue Reading

2011 Award of Excellence

Posted in Estate & Trust
Each year the Ontario Bar Association (OBA), Trusts and Estates Section, considers candidates for its Award of Excellence. Last year, the Section paid tribute to Hilary Laidlaw as the recipient. The Award for Excellence was created to recognize exceptional contributions and achievements by members of the OBA to the area of trusts and estates.   Any … Continue Reading

ANOTHER ESTATE GOES TO THE DOGS

Posted in Estate & Trust, Pets
There has been a great deal of discussion about the late Leona Helmsley who, when she died, left 12 million dollars in Trust for her beloved Maltese Trouble, while leaving nothing to 2 of her grandchildren for “reasons that are known to them.” Well it’s happened again…another estate is going to the dogs! Our summer … Continue Reading

OBA Trusts and Estates Section Executive

Posted in Estate & Trust, Wills
In yesterday’s blog, I mentioned that the election of the Ontario Bar Association (OBA), Trusts and Estates Section Executive for the year 2010-2011 was confirmed at the Section’s year end dinner on June 1, 2010.  I am very pleased to be the incoming Chair of the Executive. The Vice-Chair will be Ed Esposto. The balance of … Continue Reading

Estates & Trusts Spring Events

Posted in Estate & Trust
Spring is a time for conferences and events.  Here are a few upcoming Estates and Trusts programs you might be interested in. The Ontario Bar Association is having its annual Dinner with the Honourable Estates List Judges on Tuesday, April 27th at 6:00 p.m. at the OBA Conference Centre in Toronto. It is a great opportunity for estates practitioners … Continue Reading

The Rule in Clayton’s Case

Posted in Litigation
In yesterday’s blog I touched upon the rule in Re Hallett’s Estate. In today’s blog I will touch upon the rule in Clayton’s Case (1816), 1 Mer. 529, 35 ER 767 (Ch.). Again, the rules stem from situations where a trustee mixes trust funds with their own funds or with a different trust’s funds.  The … Continue Reading

The Rule in Re Hallett’s Estate

Posted in Litigation, Trustees
In today’s blog I will touch upon the rule in Re Hallet’s Estate*.  Tomorrow’s blog will touch upon the rule in Clayton’s Case. The rules stem from situations where a trustee mixes trust funds with their own funds or with a different trust’s funds. The rule in Re Hallett’s Estate applies where trustees mix trust funds with … Continue Reading
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