Estates & Wills & Trusts

Kirsh to participate in panel discussion on validity of gifts

Toronto estate litigator Felice Kirsh will participate in a panel discussion on the validity of gifts at the upcoming B’nai Brith Estates and Trusts CLE Seminar for Lawyers and Accountants. Read more

Does solicitor/client privilege extend to trustee, beneficiary?

By Ian Hull . Last week we considered the application of solicitor/client privilege to a deceased testator and their testamentary intentions. A further consideration in examining the passing of solicitor/client privilege upon death is whether the individual claiming privilege is a trustee, executor, or a beneficiary. Read more

Hull to chair panel discussion on validity of gifts

Toronto estates and trusts litigator Ian Hull will chair a panel discussion on the validity of gifts at the upcoming B’nai Brith Estates and Trusts CLE Seminar for Lawyers and Accountants. Read more

Use caution when granting power of attorney for property

Powers of attorney are often granted in anticipation of an individual becoming incapable of managing property, but as Toronto wills and estates lawyer Lisa Laredo writes in The Lawyer’s Daily , there are risks associated with granting a continuing power of attorney for property under the Substitute Decisions Act (SDA). Read more

Hull, Popovic-Montag to speak at ‘Six-Minute Estates Lawyer 2017’

Toronto estates and trusts litigator Ian Hull is set to co-chair the upcoming "Six-Minute Estates Lawyer 2017" program, presented by the Law Society of Upper Canada. Read more

Family communication key to avoiding estate litigation

In some families, the death of a loved one can spark a dispute that results in expensive and protracted litigation — but it is possible to minimize conflict by taking family dynamics into account when making a comprehensive estate plan, Toronto estates and trusts lawyers Ian Hull and Suzana Popovic-Montag write in The Huffington Post. Read more

Administration of Prince estate becomes more complicated

By Charles Ticker . When Prince passed away on April 21, 2016, he left behind an estate believed to be worth several hundreds of millions of dollars. He died without a will and without a spouse or children. As a result, under Minnesota law, his younger sister Tyka Nelson, and his five half-siblings are to share equally in the fortune. From the outset, the administration of the Prince estate has been bogged down in litigation. Many potential heirs have attempted to claim a share in the estate. Over the last year, the judge overseeing the case, Carver County Judge Kevin Eide, has ruled out many of the potential heirs. Nonetheless, he has said he would not formally validate the inheritance of the siblings until appeals from these cases have been heard. Read more

Hull, Popovic-Montag to co-chair HCLA Estates & Family Law Seminar

On May 5, Toronto estates and trusts lawyers Ian Hull and Suzana Popovic-Montag of Hull & Hull LLP will co-chair the Halton County Law Association (HCLA) Estates & Family Law Seminar in Oakville. Read more

Can delivery of a gift precede intention?

By Suzana Popovic-Montag . In the recent decision of McKendry v. McKendry , the British Columbia Court of Appeal considered the elements of a valid inter vivos transfer of property, particularly the timing of intention to make a gift. The central issue in the case was whether a written deed of gift under seal was necessary to complete a gift where legal title had previously been transferred into joint ownership. Read more

What happens when a trustee's claim seems excessive?

By Matthias Duensing . There is no question that estate trustees are entitled to compensation for their work. But the amount they claim can be contentious. When a trustee’s compensation seems excessive, beneficiaries can contest the amount in court. Read more

Samaroo-Tsaktsiris to share insights on estate and retirement planning

Toronto lawyer Sarita Samaroo-Tsaktsiris will share her insights on estate and retirement planning at an upcoming “Planning for your financial future” session, sponsored by the Hospital for Sick Children. Read more

How does solicitor/client privilege apply on testator’s death?

By Ian Hull . What happens to communications between a solicitor and a testator once the testator passes away? Can privilege be waived in order to determine the intentions of a testator? Read more

Second homes bring capital gains tax headache

The rise in second homeownership and in property values generally means more testators and heirs need to consider the effect of capital gains tax, Toronto estates and trusts lawyer Suzana Popovic-Montag tells the Globe and Mail . Read more

Lifetime benefit trusts protect RRSPs for children with special needs

Financial planning for the future needs of a child with special needs is a challenging responsibility, but starting early can give parents peace of mind, says Ottawa disabilities and estate planning lawyer Kenneth Pope. Read more

Not naming an executor can add cost, complications

Death might be a certainty, but preparing for it sure isn’t, Toronto wills and estates lawyer Matthias Duensing tells The Lawyer’s Daily. Read more