Estates & Wills & Trusts

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

Blended family feud over large estate

By Charles Ticker . A recent story about a matter before the London High Court illustrates some of the estate planning difficulties a blended family may encounter. The dispute involves the estate of Richard Thornton, a successful investment manager with Thornton Investments. Mr. Thornton’s estate is valued at an estimated £18 million. When he passed away in 2013 at the age of 81, he left half of his estate to his wife, Susie Thornton. The other half went to a trust for his family, including the three adult children he had with his first wife, Jennifer Thornton. Read more

Attorneys for property and the right to claim compensation

By Suzana Popovic-Montag . The Ontario Court of Appeal recently considered the issue of the applicable limitation period for claims for compensation on a passing of accounts. In Armitage v. The Salvation Army , the court held the Limitations Act, 2002 does not apply to claims for compensation on a passing of accounts. Read more

Hull, Popovic-Montag to share estate planning meeting tips at TLA event

Toronto estates and trusts lawyers Ian Hull and Suzana Popovic-Montag will share their methodology for conducting streamlined estate planning meetings at an upcoming practical program, presented by the Toronto Lawyers Association (TLA). Read more

Plan early for transfer of family cottage

While the family cottage is generally a place filled with happy memories, the significant sentimental and financial value that some attach to the property may lead to contentious estate battles upon the death of its owner, Toronto estates and trusts lawyers Ian Hull and Suzana Popovic-Montag write in The Huffington Post. Read more

The common law slayer rule

By Ian Hull . The common law slayer rule makes the law in Canada clear that committing murder will prevent a person from inheriting the estate of the victim. For clarity, the accused must be found guilty and exhaust all of their rights to appeal before the courts will void a testamentary gift or beneficiary designation. Read more

Joint ownership to reduce probate fee can prove problematic

Although the estate administration tax has some lawyers and their clients focusing on probate fee reduction strategies including the transfer of assets to a joint owner, this can have negative results, Toronto wills and estates lawyer Mary Wahbi writes in The Lawyers Weekly . Read more

Hull to explore connection between estates, family law

Toronto trusts and estates litigator Ian Hull will share his insights on the connection between estate matters and family law at a pair of events this April. Read more