Category: New Years Resolutions

31 Dec

The Top Estate & Trust Cases in 2020

Hull & Hull LLP New Years Resolutions, News & Events Tags: , , , , 0 Comments

2020….what a year – I’ll say nothing more other than I herewith present the most popular estate and trust cases of 2020 as decided solely and arbitrarily by me:

Calmusky v Calmuskyhere, the Superior Court of Justice ruled that the designated beneficiary was presumed to be holding a RIF in trust for the estate of the deceased and had the onus of rebutting the presumption.  Essentially, the court applied the rule in Pecore to a RIF by stating that “…I see no principled basis for applying the presumption of resulting trust to the gratuitous transfer of bank accounts into joint names but not applying the same presumption to the RIF beneficiary designation”.

Sherman Estate – should probate applications be sealed?  At the Superior Court of Justice, the sealing order over the Sherman probate applications was granted ex parte.  This was based upon the perceived risks to the executors and beneficiaries as well as the need to protect the privacy and dignity of the victims of violent crimes and their loved ones.  The Court of Appeal, however, held that a public interest component must be met and proceeded to set aside the sealing orders.  The matter reached the Supreme Court of Canada on October 6, with a decision yet to be released.

Trezzi v Trezzi – what happens when a will gifts an asset that is actually owned by a corporation?  The Court of Appeal had to determine the potential validity of a bequest of property in a will when the property was not directly owned by a testator, but rather owned by the testator through a wholly owned private corporation.  Although the court upheld the bequest in question, they noted that the language used in the will was potentially problematic and encouraged counsel to be more careful when drafting in similar circumstances.

Lima v Ventura – notwithstanding COVID, procedural timelines set out in court orders must be respected.  Here, a party brought a motion to extend the deadline to exercise an option to purchase a home, citing the circumstances of the COVID-19 pandemic as the basis for the request.  The request for an extension was ultimately denied because the party failed to provide evidence to support the claim that the circumstances caused by COVID frustrated efforts to purchase the house.  The court did set out a number of factors to consider related to delays due to COVID-19 that could justify varying a court-imposed timeline.

Happy New Year!

Noah Weisberg

If you find this topic interesting, please consider these other related blogs:

31 Dec

Champagne Poppin’ & Will Plannin’

Hull & Hull LLP Estate Planning, New Years Resolutions Tags: , , , , 0 Comments

It is the end of 2019.  I therefore of course feel the need to use this blog to urge you to resolve to either make a will if you do not already have one, or, if you already have one, to review your current estate plan to see if it requires updating.

Why the urgency you might ask?  The answer lies in the most festive of NYE tipples – champagne!

Apparently, approximately 24 people die annually from being hit by champagne corks.  In fact, it has been alleged that more people die as a result of being hit by a champagne cork, than from poisonous spiders.  This article highlights the death of a Hong Kong billionaire by champagne while celebrating his 50th birthday.  As he opened a celebratory bottle of champagne, the cork hit the businessman in the temple causing a fatal brain hemorrhage.  His death was confirmed on the way to the hospital.

Champagne corks as a cause of death have received much doubt and there have been steps to debunk as a ‘myth’.  For instance, according to this article, the average rate at which a champagne cork exits a bottle is about 24.8 miles per hour.  In extreme circumstances, if there was up to 3 bars of pressure, a cork could reach speeds of 60 miles per hour.  Regardless, these speeds are not enough to cause a cork to be deadly.

 

So, while death by a champagne cork may not be a valid reason to urge you to consider your estate plan, there are many other good reasons as discussed in these related Hull & Hull blogs:

HAPPY NEW YEAR!

Noah Weisberg

28 Dec

Happy New Year! And Be Careful!!

Paul Emile Trudelle Estate & Trust, Estate Planning, New Years Resolutions, Uncategorized Tags: 0 Comments

The end of 2018 is fast approaching. 2019 will soon be upon us. I wish you health and happiness for the new year.

And by all means, get past New Year’s Day!

A 2010 study done at the University of California found that deaths spike in the two weeks around Christmas and New Year’s Day, with January 1 being the day of the year with the highest number of deaths from natural causes.

In the study, researchers looked at death certificates issued in the US over a 25 year period. This study differed from other studies that looked at deaths from self-harm, accidents and homicide in that it looked at deaths relating to natural causes, such as illness and old age.

Researchers found that 5% more people die on January 1 from natural causes than any other day.

Christmas and New Year as risk factors for death, D. Phillips, G. Barker and K. Brewer, Social Science and Medicine 71 (2010) 1463

No empirical reason for this trend is given in the study. However, several possible explanations are set out. These include:

  1. Increased psychological stress;
  2. Overcrowded [or perhaps understaffed] hospitals during the holiday season;
  3. Terminally ill patients may choose to be home and out of the hospital during the holiday season;
  4. Increased travel;
  5. People may be able to postpone death briefly in order to reach symbolic occasions;

Other theories are presented but dismissed as implausible or unlikely.

Another theory is that people postpone going to the hospital around the holidays because they want to be with their family. This can be dangerous. As reported in the Independent, “if you’ve got pains in your chest, don’t say I’m going to wait until after the holidays to get it looked at”.

 

 

Have a very happy, safe and healthy New Year’s Day, and new year!

Paul Trudelle

29 Dec

Looking Forward to 2018

Hull & Hull LLP Hull on Estates, New Years Resolutions, Trustees, Uncategorized, Wills 0 Comments

As the year ends, it is hard to get through the day without seeing some sort of “year in review” feature.  I will leave it to you to reflect and determine whether 2017 was a great year, a good year, or an annus horribilis.

As the book closes on 2017, let’s look forward with optimism to the new year. Some things to look forward to (or not) in 2018 include:

  • The Law Society of Upper Canada becomes the Law Society of Ontario
  • The 2018 Winter Olympics in PyeongChang
  • The FIFA World Cup (sadly, senza Italia) in Russia
  • The real possibility of a (hopefully long) Toronto Maple Leafs post-season
  • The royal wedding of Prince Harry and Meghan Markle
  • A royal baby for Prince William and Duchess Catherine
  • The legalization of marijuana
  • A probable spike in the price of snack food
  • The 100th anniversary of the end of World War I
  • The 50th anniversary of the US Civil Rights Act of 1968 (Fair Housing Act)
  • An Ontario provincial election
  • A Toronto municipal election
  • US midterm elections
  • The filming of the last (and Kevin Spacey-less) season of House of Cards
  • 252 more Hull and Hull blogs!

We live in interesting times.  Cheers to a great new year.

Paul Trudelle

28 Dec

Estate Planning over the Holidays

Hull & Hull LLP Estate & Trust, Estate Planning, General Interest, New Years Resolutions Tags: , , , , , , , , , 0 Comments

The holiday season is upon us, and with it comes family gatherings, buying and wrapping gifts, and travel.  Suffice to say, it can be a hectic and busy time.  Nonetheless, with 2018 on the horizon, many of us take the time to reflect and set resolutions for the upcoming year.  Despite this, so many Canadians do not have a Will.

Why not?  Estate planning need not be trying, and the holiday season is a perfect time to start considering your estate plan.

With this in mind, I thought I would highlight an article from the Globe and Mail which does a great job of highlighting issues to get you thinking about your estate plan:

  1. Get started – make a detailed list of your assets, liabilities, and joint assets, and think about your family’s needs and lifestyle.
  2. Consider your options – do you want your bequests to be absolute, subject to the terms of a trust, or gifted during your lifetime?
  3. Appoint representatives – think about who you trust to administer your estate and ensure that they are up for the job.
  4. Special circumstances – are there any beneficiaries who have special circumstances such as those receiving ODSP, that would benefit from specific trusts?
  5. Taxation – meet with a professional to understand tax consequences and the vehicles available to limit the payment of taxes, including the use of joint ownership and estate freezes.
  6. Cottages – should your estate involve the cherished family cottage, think about whether you want it sold, or shared amongst family members. If the latter, think about preparing a co-ownership agreement.

Wishing all of our readers a happy New Year!

Noah Weisberg

Consider this blog interesting? Please consider these other relate blogs:

SUBSCRIBE TO OUR BLOG

Enter your email address to subscribe to this blog and receive notifications of new posts by email.
 

CONNECT WITH US

TRY HULL E-STATE PLANNER SOFTWARE

Hull e-State Planner is a comprehensive estate planning software designed to make the estate planning process simple, efficient and client friendly.

Try it here!

CATEGORIES

ARCHIVES

TWITTER WIDGET

  • Read today's article about how British North America’s first known black lawyer saved @queensu from financial ruin.… https://t.co/H7lCOZxjHc
  • Hull on Estates #627 – What is the Role of the Office of the Public Guardian and Trustee? Listen to the most recen… https://t.co/8E0ifA1nId
  • Today's article explores the motion to dismiss for delay in Nelson v. Rancourt, 2021 ONSC 4767. This case is about… https://t.co/Zi4QrwEtXN
  • Clarifying the Rights of Individuals Related by Marriage and Half-Relations The December 2021 Solicitor Tip of the… https://t.co/3gAPvD0nKW
  • Increase of Living Inheritances in Light of an Unaffordable Housing Market Read today's article here:… https://t.co/Xjo7qE6csP
  • Changes to Probate Coming January 1, 2022 In last Wednesday's article @spopovic outlines the upcoming changes to… https://t.co/8QjDbykANu