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

Handling Foreign-Based Estate Assets

(0) Comments | Posted May 16, 2016 | 10:56 AM

As more Canadians are choosing to spend greater time abroad, it has become increasingly common for estates to include foreign-based assets upon death. This shift may be, in part, the result of the rising popularity of maintaining secondary residences in warmer climates for a welcome alternative to our harsh Canadian...

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Modern Estate Planning Should Reflect A Changing Society

(1) Comments | Posted April 29, 2016 | 12:55 PM

In recent years, an aging population and the rise of non-traditional marriages have become issues that are increasingly relevant to estate planning considerations in Canada. As the landscape of our population and society shifts over time, it is important that estate planning methods and strategies are capable of adaptation to...

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Handling Estate Related Income Tax Returns

(0) Comments | Posted April 15, 2016 | 10:27 AM

When it comes to acting as executor of an estate, there is no shortage of responsibilities that should be carefully reviewed prior to accepting the role. One of the most fundamental duties is that all estate related income tax documents are filed and in good standing.

The executor has a...

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Start Your Estate Planning As Early As Possible

(0) Comments | Posted April 1, 2016 | 1:48 PM

When discussing estate planning, we often focus on the more complex details, such as how to reduce tax liability for your estate, or whether to make use of multiple wills. However, before moving on to these more complicated topics, it is vital to start from the beginning and consider...

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How To Deal With Digital Assets In Estate Planning

(0) Comments | Posted March 17, 2016 | 3:04 PM

Due to recent technological advancements, one's digital presence has become an important part of every day life.  As a result, it is increasingly important to consider how this may impact traditional estate planning. With increasing frequency, individuals are creating complex lives online, which may include a social media presence, electronic...

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Estate Tax: What It Is And How To Deal With It

(0) Comments | Posted March 3, 2016 | 1:37 PM

There is often confusion surrounding the concept of "estate tax" in Canada. Many people mistakenly believe it is a "death tax" that automatically applies upon death, or an "inheritance tax," which is the responsibility of a beneficiary.

"Estate tax" in Canada is, simply, a fee paid in the course...

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Executor, Trustee, And Attorney Compensation

(0) Comments | Posted February 4, 2016 | 2:36 PM

When called upon to act as a personal representative, whether in the capacity of an attorney, executor, or trustee, the issue of compensation is often called into question. The work that is involved in administering an estate or the property of another can fluctuate widely, which can lead to disagreement...

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The Process Of Locating The Heirs Of An Estate

(2) Comments | Posted January 25, 2016 | 3:21 PM

As several of our previous entries address, the executor of an estate has many duties and obligations in the administration of a loved one’s estate. Among these duties, is the obligation to locate all heirs who are entitled to share in the assets of the estate of the deceased. Although...

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Income Tax Obligations and Accounting Requirements

(0) Comments | Posted January 8, 2016 | 8:53 AM

When taking on the role of estate trustee, there is no shortage of responsibilities and obligations. Along with other obligations described within our previous article, the fiduciary duties of an estate trustee include income tax and accounting requirements that must be met.

Under the Income Tax Act, the estate...

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The Roles And Responsibilities Of An Estate Executor

(0) Comments | Posted December 24, 2015 | 10:14 AM

Being named as the executor within an individual’s last will and testament is sometimes perceived as an honour. However, it is important to understand that acting as the executor of an estate comes with significant responsibility. There are arrangements that must be made and information that must be sought in...

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What To Consider When Choosing An Estate Trustee

(0) Comments | Posted December 14, 2015 | 10:33 AM

When creating or updating an estate plan, the significance of choosing the appropriate person or persons to act as estate trustee is often understated.  The individual who is ultimately selected will be charged with administering your estate upon your death and, as a result, it is crucial that he or...

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Why You Should Consider Planning Provisions For Your Pets

(0) Comments | Posted December 1, 2015 | 3:46 PM

Estate plans that include trust funds for the benefit of a testator’s pet are most frequently seen amid the rich and famous. Some examples include Leona Helmsley leaving a $12 million trust fund to her Maltese, or Oprah Winfrey’s dogs, who are rumoured to inherit $30 million. For...

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The Intersection Between Family And Estate Law

(0) Comments | Posted November 17, 2015 | 4:34 PM

With nearly half of all marriages ending in divorce, second marriages and blended families continue to become increasingly common.  As a result, estate lawyers are more frequently encountering complex family dynamics and legal issues that involve family law.

The overlap between family law and estate issues creates challenges for estate...

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The Advantages And Disadvantages Of Do-It-Yourself Will Kits

(1) Comments | Posted October 30, 2015 | 5:37 PM

Every year, thousands of consumers create their own wills, powers of attorney, and other estate planning documents using kits which are available either on the internet or in retail locations. With a more sophisticated population and increasing numbers of people on the internet, there has been a proliferation of products available...

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Things for Baby Boomers to Consider When Estate Planning

(0) Comments | Posted October 20, 2015 | 12:24 PM

As a large majority of baby boomers begin to approach retirement age, there are some important considerations that should be made with regard to estate planning. Many established an estate plan years ago, perhaps when their children were born or when they bought their first home. However, as we get...

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The Risks and Rewards of Using Multiple Wills

(1) Comments | Posted October 2, 2015 | 11:16 AM

People have always sought out new and innovative ways to reduce or avoid taxes. In estate planning, some of the more traditional methods have included designating a beneficiary directly in an insurance policy or naming a joint account holder with a right of survivorship. By removing  assets from the overall...

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Understanding the Gift of Joint Ownership

(0) Comments | Posted September 17, 2015 | 8:18 AM

One of the more commonly used estate planning tools to avoid or reduce Estate Administration Tax is joint ownership or a joint bank account. When two people own an asset jointly, and one owner dies, the remaining joint owner takes ownership of the entire asset by right of survivorship, thus...

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If You're in a Second Marriage, You May Need to Revisit Estate Planning

(0) Comments | Posted August 20, 2015 | 5:34 PM

Second marriages and blended families are quite common, given current trends.  This presents a unique set of issues when it comes to estate planning. Usually, a will-maker in a second marriage situation must attempt a delicate balancing act, wherein he or she tries to balance the demands of a new...

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What Happens When a Will Is Challenged? Part 2

(0) Comments | Posted July 7, 2015 | 2:41 PM

Bringing and defending will challenges is at the core of an estate litigation practice. As discussed in Part I of this series, will challenges are often founded upon a lack of testamentary capacity at the time the will was executed, undue influence on the testator, a lack of knowledge and...

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What Happens When a Will Is Challenged?

(2) Comments | Posted June 2, 2015 | 7:30 AM

With an aging Canadian population, will challenges are becoming increasingly common. Historically, we typically saw larger estates becoming the subject of such challenges. More and more, however, we are now seeing even modest estates becoming the subject of such challenges.

Essentially, the will challenge process involves a claim by an...

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