Suzana Popovic-Montag
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Suzana Popovic-Montag is the Managing Partner of Hull & Hull LLP, who practices exclusively in the area of estates, trusts, capacity and fiduciary litigation. Suzana has an LL.B. from the University of Western Ontario and an Honours B.A. from Wilfrid Laurier University. She received mediation training at Harvard Law School and was called to the Bar in 1997. Suzana is a frequent blogger, podcaster and speaker at various OBA, Osgoode Hall and Law Society of Upper Canada programs. She is also a regular contributor to the OBA Trusts and Estates section publication, Deadbeat, and is the author of numerous academic articles on estates and trusts issues. Her articles are referred to in many of Canada’s leading estate texts. Suzana is continuously the recipient of many awards, including LawDay, Best Lawyers International, Lexpert and The Best Lawyers in Canada.

Entries by Suzana Popovic-Montag

Avoiding Estate Litigation

(2) Comments | Posted April 20, 2017 | 12:57 PM

Estate litigation is often the result of pre-existing family tensions. Most families will experience some level of drama or conflict after the death of a family member. However, for some families, the death of a parent, sibling, or other close family member, can spark a dispute that results in...

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When To Consider The Option Of Alternate Dispute Resolution

(0) Comments | Posted April 4, 2017 | 10:11 AM

Not every legal dispute needs to be resolved in a courtroom, and not every solution is best reached by applying the rigidity of statutory remedies. Alternate Dispute Resolution (“ADR”) has been on the rise as one of the primary ways to bring a dispute to resolution. Rather than spending significant...

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Common Law Spouses

(0) Comments | Posted March 23, 2017 | 2:40 PM

It is increasingly common for couples to choose to live together without first getting married. This decision may be seen as an intermediary step in the relationship before marriage. Some might view the choice to live with a romantic partner as a casual or temporary arrangement. Others may...

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Transferring The Family Cottage

(0) Comments | Posted March 14, 2017 | 11:14 AM

The family cottage should invoke memories of warm weather, sunshine, and happiness. Unfortunately, for some, estate battles or family fights surrounding the cottage can tarnish these positive memories upon the death of the owner of the property.

Family fights over the cottage property may be contentious, as cottages...

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Aspects Of Estate Law

(0) Comments | Posted February 9, 2017 | 7:06 AM

While estate law often functions as its own branch of law entirely, there are areas of law that may intersect with estate law and which are important considerations when creating, managing, or implementing estate plans or trusts. Some practice areas with which estate law may intersect include real...

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What Is A Fiduciary?

(1) Comments | Posted February 6, 2017 | 3:10 AM

“Fiduciary” is a slippery concept, often misused, that can confuse laypeople and lawyers alike. Fiduciary can refer to a person acting in a position of trust or a particular kind of obligation. Both fiduciary relationships and fiduciary obligations are based in trust. When someone acts as a fiduciary, he or...

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The Intersection Of Family Law And Estates

(0) Comments | Posted January 26, 2017 | 6:30 AM

There are two Ontario statutes to be considered in the family law context of estate administration. The first statute is the Succession Law Reform Act, and specifically Part V thereof, which governs the distribution of a deceased’s assets to a dependant when adequate provisions have not been made. The second...

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Estate Accounting Issues

(0) Comments | Posted December 22, 2016 | 1:29 PM

An Attorney’s Duty to Account

As the median age of Canadians gets older, the appointment of an attorney for property for the purpose of planning for incapacity is becoming increasingly important.  Most people know that it is important to consult a lawyer if they are appointed to be an executor...

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What You Need To Know About Disinheritance

(1) Comments | Posted December 13, 2016 | 1:34 PM

Disinheritance is defined in Black’s Law Dictionary as “the act by which the owner of an estate deprives a person of the right to inherit the same, who would otherwise be his heir.” As such, it can be extremely unsettling for a child to find out that they have been...

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The Rise Of Elder Law In Our Aging Society

(0) Comments | Posted November 28, 2016 | 12:05 PM

Canada, like many other countries, is experiencing a significant demographic shift. Our population is now the oldest it ever has been, with more people currently aged 65 and older than there are children under the age of 15. As with any significant demographic shift, this trend has significant implications for...

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What You Should Know About The Safe Keeping Of Wills

(1) Comments | Posted November 4, 2016 | 2:09 PM

A primary consideration in the estate planning process should be the safe keeping of original planning documents (such as a will or a power of attorney).

In Ontario, in order to obtain a grant of probate, the named estate trustee typically needs to provide the court with the original will,...

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A Lawyer's Take On Estate Planning In Your Second Marriage

(0) Comments | Posted October 7, 2016 | 2:12 PM

It is not uncommon for people to have more than one spouse or common-law partner in the course of their lives. Someone who is getting married for a second time, whether because of the death of a first spouse or following divorce, likely has an understanding of the legal implications...

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Estate Planning: Avoiding (Or At Least Managing) The Family War

(1) Comments | Posted September 16, 2016 | 2:46 PM

“Let him who desires peace prepare for war.” Who would have thought that this quote by Flavius Vegetius Renatus could be relevant within the context of family estate administration? For most people, at least some degree of family drama is unavoidable. However, family disputes upon the death of a parent,...

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The Advantages And Disadvantages Of Probate

(0) Comments | Posted September 6, 2016 | 3:24 PM

If you consult a lawyer or financial advisor for assistance with respect to an estate plan, you are likely to encounter the terms "probate" and "probate fees," as well as a description of strategies to avoid "probate."  The word probate, while still very frequently used by lawyers, may confuse people...

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There Has Never Been A Better Time To Embrace Charitable Giving

(0) Comments | Posted August 22, 2016 | 2:52 PM

In 2013, Statistics Canada reported that 82 per cent of Canadians made financial donations to a charitable or non-profit organization, with the average Canadian contributing $531 annually.

However, Canadians aged 55 and older accounted for 47 per cent of the $12.8 billon given that year. Furthermore, the average...

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When Criminal And Estate Law Intersect

(0) Comments | Posted August 4, 2016 | 5:32 PM

Occasionally, criminal law and estate law intersect. That intersection was particularly shocking in the high-profile cases of Helmuth Buxbaum and Peter Demeter. Both were convicted of arranging the murder of their wives and both tried to collect on life insurance policies in their respective wife’s name. The court refused to...

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A Digital Estate Plan Defines Your Virtual Life After Death

(0) Comments | Posted July 22, 2016 | 3:19 PM

Computer technology and the Internet are relatively recent inventions when compared to traditional estate planning strategies. In the short time that they have been widely available, they have caused a fundamental shift in society and the way that information and assets are stored and accessed. For many people, their digital...

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Estate Planning For A Significant Demographic Shift

(0) Comments | Posted July 11, 2016 | 10:21 AM

It has been estimated that $750 billion will be inherited in the next decade by the Baby Boomer Generation. Within those same ten years, the Boomer Generation will also approach retirement age and the consequences of this tremendous wealth transfer will be significant. It is projected that most of...

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Avoiding A Contested Will: Planning For Success

(0) Comments | Posted June 23, 2016 | 5:36 PM

It has been said that if you fail to plan, you plan to fail. This statement rings true in the context of estate planning. A disorganized estate plan is ripe for expensive litigation that will deplete the assets of the estate. A Last Will and Testament is usually the cornerstone...

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There Are Measures You Can Take To Discourage A Will Challenge

(0) Comments | Posted June 13, 2016 | 4:16 PM

Will challenges can involve a great deal of time and expense, many times to the detriment of the estate. Often, the process begins with a disappointed beneficiary, who believes that the will of a deceased relative or friend is invalid. Unfortunately, the realities of litigation are such that many of...

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