The responsibilities of an estate trustee can be burdensome.
Ian M. Hull
Co-Founder, Hull & Hull LLP
Ian M. Hull co-founded Hull & Hull LLP with his father, Rodney Hull, in 1998. Ian is a lecturer at the Ontario Bar Association and guest lecturer for the Canadian Bar Association and the Law Society of Upper Canada. Ian is also the author on numerous articles and has written four books on estate law issues. Ian has an LL.B. from the University of Windsor and an Honours B.A. from the University of Western Ontario. He was called to the Bar in 1990. He is a certified Specialist in Estates and Trusts and Civil Litigation, a Fellow of the American College of Trust and Estate Counsel and a member of the Society of Trust and Estate Practitioners. Ian is continuously the recipient of many awards, including Best Lawyers International, LawDay and Lexpert.
If family members are unhappy with your choice of attorney or the choices being made by your attorney, they may challenge the validity of the power of attorney document or make it difficult for your attorney to do their job.
06/13/2017 04:32 EDT
Predatory marriages are unfortunately a growing phenomenon in Ontario. A predatory marriage occurs when a man or a woman enters into a relationship with an elderly individual exclusively for the purpose of gaining access to their estate.
05/30/2017 04:21 EDT
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 expensive, protracted litigation and causes the breakdown of family relationships.
04/20/2017 12:57 EDT
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 time and money to litigate a case, the recent trend sees the increased use of ADR processes, such as mediation or arbitration, in the negotiation of a settlement outside of the courtroom.
04/04/2017 10:11 EDT
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.
03/14/2017 11:14 EDT
It can be interesting to see how certain aspects of estate law can work in conjunction with other sectors, and a basic understanding of the related issues is often important when assisting clients in developing or implementing an estate plan.
02/09/2017 08:06 EST
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 she has an obligation to act in utmost good faith for the benefit of the person or people with whose interests he or she is entrusted.
02/06/2017 04:10 EST
There are two Ontario statutes to be considered in the family law context of estate administration. The first statute is
01/26/2017 07:30 EST
As greater numbers of individuals become authorized to act as attorneys for property, it is important that both the grantors and the attorneys understand what is expected and what may be legally required of the fiduciary.
12/22/2016 02:29 EST
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 disinherited from their parent's estate.
12/13/2016 02:34 EST
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 society at large, impacting health care, finance policy, infrastructure, family relationships, and legal issues.
11/28/2016 01:05 EST
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, pursuant to the Estates Act.
11/04/2016 02:09 EDT
It is not uncommon for people to have more than one spouse or common-law partner in the course of their lives. Dealing with the estate of a spouse or the division of assets after a breakdown of marriage illustrates how building a common life as a married couple creates legal entitlements and obligations.
10/07/2016 02:12 EDT
The word probate, while still very frequently used by lawyers, may confuse people who do not have a legal background. Part of the confusion stems from the fact that the word probate is an old-fashioned term that can refer either to a legal process or to a particular kind of court order.
09/06/2016 03:24 EDT
Amendments to the Income Tax Act have been made that incentivize planned charitable giving. Prior to 2016, gifts to registered charitable organizations made by will received tax credits that could only be used in the year of the testator's death or carried back to the preceding year.
08/22/2016 02:52 EDT
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.
08/04/2016 05:25 EDT
Online social media, if unaddressed by an estate plan, can be the cause of litigation. A person's social media may include writings, pictures or other mementos. These items may hold sentimental value to that person's family members and friends in a way that may not have been contemplated by the deceased.
07/22/2016 03:19 EDT
Will challenges can involve a great deal of time and expense, many times to the detriment of the estate. There are multiple grounds upon which a will challenge may be based; however, the two most commonly pleaded are lack of testamentary capacity and allegations that the testator was subject to undue influence.
06/13/2016 04:16 EDT
As more Canadians are choosing to spend greater time abroad, it has become increasingly common for estates to include foreign-based assets upon death. From an estate law perspective, foreign-based assets can give rise to estate administration issues that are best addressed as part of an estate plan created in consultation with professional advisors.
05/16/2016 10:55 EDT
SUBSCRIBE AND FOLLOW