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

Plan Ahead: When a Power of Attorney Is Challenged

(0) Comments | Posted May 9, 2015 | 9:34 AM

Part I of this series discussed the litigation steps and materials to be filed when dealing with power of attorney litigation. Part II now takes focus on the legal aspects surrounding this litigation.

Where a power of attorney is challenged, a person will often need to be appointed...

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Plan Ahead: Choose a Power of Attorney You Trust

(3) Comments | Posted April 21, 2015 | 6:13 PM

Who will make decisions for you in the event that you become unable to make decisions for yourself?

While not a subject most people like to think about, it is important for you to consider who you would choose to make financial and medical decisions on your behalf if, due...

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Picking the Right Estate Trustee Today Saves You Trouble Later

(0) Comments | Posted April 8, 2015 | 5:36 PM

Removing an estate trustee from office can be an onerous task.  It requires the involvement of a court, even if it is not contested.  This can be costly, time-consuming, and disruptive to the administration of an estate and to the beneficiaries. 

It is best to avoid this process altogether by...

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Why You Should Add Organ Donation to Your Estate Plan

(1) Comments | Posted March 22, 2015 | 11:58 PM

Money, heirlooms and other property are not the only items one leaves behind on death. Much time and attention is often spent during the estate planning process making arrangements for one’s burial and/or for the transfer of one’s assets. Overlooked all too often, however, are the most valuable gifts a...

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Legal Issues Associated With Brain Injuries and Mental Capacity

(3) Comments | Posted March 10, 2015 | 6:40 PM

Dealing with the legal issues associated with brain injuries and mental capacity can be challenging. The nature of these issues requires that they also be viewed from an emotional, human perspective to receive a full understanding of each unique situation.

The brain is the body's central processing unit and every...

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What's Next for Doctor-Assisted Suicide in Canada?

(5) Comments | Posted February 20, 2015 | 11:59 AM

On February 6, 2015, the Supreme Court of Canada released a landmark decision in the case of Carter v. Canada, wherein the Court unanimously struck down s. 241(b) of the Criminal Code, stating that “[t]he prohibition on physician-assisted dying infringes on the right to life, liberty and...

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Why It's Important To Review Previously Established Estate Plans

(0) Comments | Posted February 7, 2015 | 4:11 PM

The percentage of Canadians that will be over 60 in 2050 is forecasted to be over 30 per cent. The percentage of Canadians over 60 is already hovering around 20 per cent. The default age of retirement has been 65 for many years and while it is not mandated by...

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How Lawyers Should Approach Issues of Mental Capacity

(0) Comments | Posted January 24, 2015 | 10:12 AM

Capacity can be an issue at any age but it is statistically most common in the elderly. Many of us decline in mental and physical ability as we age and capacity becomes more of a concern with older people. However, it is a well-known pillar of capacity law that practitioners...

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Aging and Mental Capacity Under the Law

(0) Comments | Posted October 12, 2014 | 10:04 PM

Capacity law in Ontario is built on two core principles.  The first is the goal of maximizing autonomy and self-actualization to the extent possible for everyone, young or old.  The second is the goal of protecting those who are vulnerable by removing from them the authority to make decisions that...

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How to Estate Plan With the Elderly

(0) Comments | Posted October 12, 2014 | 2:54 PM

Capacity can be an issue at any age but it is statistically most common in the elderly. Many of us decline in mental and physical ability as we age and capacity becomes more of a concern with older people. However, it is a well-known pillar of capacity law that practitioners...

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What Canadian Law Should Do To Prevent Predatory Marriages

(0) Comments | Posted October 10, 2014 | 6:06 PM

The stereotypical predatory marriage consists of a young woman finding an older man with money and marrying him, with the goal of inheriting his fortune. The case of Anne Nicole Smith, in the United States, received much media attention. She was a young, pretty woman who married a billionaire and...

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What "Fiduciary" Actually Means

(0) Comments | Posted October 10, 2014 | 2:50 PM

Fiduciary is a common word that is often misused because of its complicated definition and variety of meanings and uses.  While it refers to an individual that owes certain special obligations to another that are based on trust, it also describes the obligation itself, distinguishing it from an ordinary obligation.

...
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Is Everyone Capable of Writing a Will?

(0) Comments | Posted August 6, 2014 | 12:59 PM

Capacity law in Ontario is built on two core principles. The first is the goal of maximizing autonomy and self-actualization to the extent possible for everyone, young or old. The second is the goal of protecting those who are vulnerable by removing from them the authority to make decisions that...

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When a Spouse Dies Mid-Divorce

(0) Comments | Posted July 24, 2014 | 8:35 AM

Estate law's frequent intersections with family, real estate and corporate law can result in complex estate plans and complicated litigation proceedings (sometimes the latter a result of the former).

One scenario commonly encountered is the situation in which an individual dies while negotiating a separation agreement with their spouse,...

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Do You Trust Your Fiduciary?

(0) Comments | Posted July 22, 2014 | 5:36 PM

A fiduciary occupies a position of trust in relation to another person. One example of such a relationship is the relationship between an incapable person and the person or persons the incapable has appointed as their Attorney for property. Because the incapable has trusted their Attorney to manage their property,...

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How To Properly Appoint an Attorney For Property or Personal Care

(0) Comments | Posted June 24, 2014 | 5:33 PM

The concept of accounting is enough to scare off many individuals, with its perceived involvement of advanced calculations using complex numbers and formulas. Some wish to leave math behind as early in life as possible and the thought of being obligated to maintain accounts for court approval can be daunting....

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When Family Law and Estate Law Come Together

(0) Comments | Posted June 24, 2014 | 11:56 AM

Family law and estate law often function independently. However, when a spouse dies, features of both practice areas quickly become interconnected. The foundations of estate law that remain relevant today predate the practice of family law. Family law originally operated according to doctrines of estate law. Now, with a strong...

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The Importance of Elder Law

(0) Comments | Posted May 7, 2014 | 6:01 PM

Elder law is gaining attention as a quickly emerging area of practice. Rather than being a new area of law, elder law reflects changes that have been happening in society for several decades. People are now living much longer lives than ever before in history and the numbers of individuals...

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Do You Know How To Prove the Validity of a Will?

(0) Comments | Posted May 6, 2014 | 5:17 PM

In our last entry, we considered the basics of wills and trusts. This week, we continue in the same vein, but delve deeper into the validity of wills and the evidence that may be required to prove them.

The term probate describes the validation by...

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How To Make Wills and Trusts Work For You

(0) Comments | Posted April 18, 2014 | 11:37 AM

With the recent addition of David Freedman, professor at Queen's University, Faculty of Law, as counsel to our firm, it seems appropriate to reconsider the basics of wills and trusts that are taught at law school.

When people think about a will, what most frequently comes to mind...

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