Tag: Children

21 Aug

Hull on Estates #553 – Who is the Children’s Lawyer?

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the role of the Children’s Lawyer in Ontario and the recent decision of the Ontario Court of Appeal in Ontario (Children’s Lawyer) v Ontario (Information and Privacy Commissioner).

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Click here for more information on Jonathon Kappy.

Click here for more information on Nick Esterbauer.

02 Dec

The All Families are Equal Act is Passed!

Doreen So General Interest, In the News Tags: , , , , , , , 0 Comments

photo-1454908225854-b200322cd05aAs previously blogged about by Natalia Angelini, the All Families are Equal Act was introduced on September 29, 2016 and it was unanimously passed by the Ontario legislatively assembly on November 29, 2016.

We encourage those interested in this new Act to click here for the Ministry of Attorney General Newsroom release.  According to the Ministry,

“The new law will:

  • Provide greater clarity and certainty for parents who use assisted reproduction to conceive a child
  • Provide a streamlined process for the legal recognition of parents who use a surrogate, together with requirements meant to protect the rights of all parties through independent legal advice and confirmation of the surrogate’s consent both before conception and after birth
  • Reduce the need for parents who use assisted reproduction to have to go to court to have their parental status recognized in law.”

Thanks for reading!

Doreen So

25 Oct

Hull on Estates #490 – Costs on a Will Challenge

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This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss the recent decision of Lavoie v. Trudel, 2016 ONSC 4141 (http://bit.ly/2dAwIpI), costs reported at 2016 ONSC 4769, and the circumstance in which the court ordered all parties to bear their own costs in a will challenge notwithstanding that the challenge was not successful.

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Click here for more information on Natalia Angelini.

Click here for more information on Stuart Clark.

28 Jan

Why Young Families should consider Estate Planning Early

Lisa-Renee Estate Planning, General Interest, Guardianship Tags: , , , , 0 Comments

Many young families consider estate planning a task that can wait until their children are older, until they have paid off those pesky student loans from university or more importantly until they have acquired assets with significant value.  However, an estate planning consideration that often gets overlooked is who will raise your child if you die while they are a minor.

When thinking about who will raise your child if you die before they reach adulthood it is usually the presumption that the other parent will be there to raise the child.  So what happens if both parents simultaneously die in an accident? Or what happens if you are the sole living parent or sole custodian of your minor child (i.e. the other parent lost the right to custody by way of court order)?

Section 61 of the Children’s Law Reform Act (“CLRA”) contemplates these situations and provides:

  1. (1) A person entitled to custody of a child may appoint by will one or more persons to have custody of the child after the death of the appointor.

The testamentary appointment of a minor child is effective only:

  • if the parent making the appointment is the only person entitled to custody of the child on the day before the appointment take effect; or
  • if both parents die at the same time or in circumstances that render it uncertain which survived the other.

I am certain it goes without saying that the decision of who you will appoint as your child’s custodian is a decision that must be given considerable thought. However, it is especially important in these circumstances because your testamentary appointment expires 90 days after it take effect.  Following the expiration of the appointment your chosen custodian must apply to the Court for a more permanent order of custody.  Accordingly, regardless of your testamentary appointment your appointed custodian must be able to satisfy the court that a more permanent custody order is in the best interest of the child.

Although the thought of your child being orphaned while they are a minor is inconceivable for many parents, it may nonetheless be something to give some thought.

Thank you for reading!

Lisa Haseley

23 Apr

The Illegitimate Children of Westeros

Hull & Hull LLP In the News, New Media Observations, TOPICS, Wills Tags: , , , 0 Comments

In the Game of Thrones universe, being born out of wedlock results in significant negative social and legal consequences.

A “bastard” – a term frequently used in the Seven Kingdoms, although no longer considered appropriate in our world – cannot inherit their father’s lands or titles. They are also not entitled to enjoy the “privileges of the House”. The father of a bastard can choose whether to completely ignore the child, or maybe secretly send them some money for support. In the best case scenario, the father will acknowledge the child, assign them a special last name although not the same last name as the father, but will then send the child away to some distant land to be raised by others. There is no law in Westeros which attaches a penalty to having illegitimate children, but socially and religiously it is frowned upon.

A king can legitimize the bastard child of a lord but it’s very rare. Despite all of this, an illegitimate child of royal blood may have a stronger claim to the throne if there are no other legitimate children or, as is the case with the wicked King Joffrey, where a purported child is not actually the biological child of the King but was secretly fathered by another.

Illegitimate children in our world have faced similar disadvantages. Until the passage of the Ontario Legitimacy Act, 1961-61 the disadvantages imposed by law on illegitimate children included being unable to inherit from his or her parents or anyone else. Clauses in wills that exclude children born out of wedlock are still very common. Hopefully, with the increasing acceptance of non-traditional families, any kinds of bias faced by children born out of wedlock will be a thing of the distant past, or strictly limited to fantasy worlds like the one in Game of Thrones.

Have a great weekend!

Moira Visoiu

04 Nov

Dealing with Estate Issues That Arise Immediately Upon Death – Hull on Estates #135

Hull & Hull LLP Estate & Trust, Executors and Trustees, Guardianship, Hull on Estates, Hull on Estates, Pets, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes, TOPICS, Wills Tags: , , , , , , , , , , , , , , , , , 0 Comments

Listen to  Dealing with Estate Issues That Arise Immediately Upon Death

This week on Hull on Estates, David Smith and Natalia Angelini talk about the duties an estate trustee he or she is charged with from the moment of a testator’s passing. Duties include locating the will, making funeral arrangements and being responsible to see the intentions of the testator preserved.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

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12 Aug

The Golubchuk Case and the Health Care Consent Act – Hull on Estates #123

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Listen to the Health Care Consent Act.

This week on Hull on Estates, Megan Connolly and Sean Graham review the Golubchuk case out of Manitoba and discuss the Health Care Consent Act of Ontario.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

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01 Jul

Delegation in Investment Accounts – Hull on Estate and Succession Planning Podcast #119

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Listen to Delegation in Investment Accounts

 

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss delegation issues that arise when dealing with Investment Accounts and address a listeners question about the family cottage.

 

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

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13 May

Talking About Wealth and Personal Finance – Hull on Estates #110

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Listen to Talking About Wealth and Personal Finance.

This week on Hull on Estates Suzanna and Ian review the pullout in March 18th’s New York Times and talk about the importance of dialog before and after death.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

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30 Oct

Rolling Assets Into Trust – Hull on Estate and Sucession Planning Podcast #84

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Listen to Episode 84 – Rolling Assets Into Trust
This week on Hull on Estate and Succession Planning, Ian and Suzana further last week’s discussion on trusts and tax planning wills by illustrating the benefits of rolling over assets and being conscious of tainted trusts.

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