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

The Rise Of Elder Law In Our Aging Society

(0) Comments | Posted November 28, 2016 | 1:05 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 | 3:09 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 | 3:12 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

(0) Comments | Posted September 16, 2016 | 3:46 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 | 4:24 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 | 3:52 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 | 6:32 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 | 4:19 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 | 11:21 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 | 6:36 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 | 5:16 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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Handling Foreign-Based Estate Assets

(0) Comments | Posted May 16, 2016 | 11:56 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 | 1:55 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 | 11:27 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 | 2:48 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

(1) Comments | Posted March 17, 2016 | 4:04 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 | 2:37 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 | 3:36 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

(3) Comments | Posted January 25, 2016 | 4:21 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 | 9:53 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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