Tag: David M. Smith

14 Feb

Hull on Estates #506 – PGT Duties and Powers

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This week on Hull on Estates, David Smith and Lisa Haseley discuss a recent decision of the British Columbia Supreme Court, Rosinski v British Columbia (Public Guardian and Trustee), 2016 BCSC 1204

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10 Jan

Hull on Estates #501 – Can a foster child inherit from her foster parent’s estate?

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This week on Hull on Estates, David Smith and Laura Betts discuss a recent decision of the Queen’s Bench of Alberta, Matras Estate, 2016 ABQB 728

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30 Aug

Hull on Estates #482 – Indemnification of Estate Trustees

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This week on Hull on Estates, David Smith and Nick Esterbauer discuss the principle of indemnification of estate trustees and the recent case of the Ontario Court of Appeal in Brown v. Rigsby, 2016 ONCA 521. (http://bit.ly/2biTez3)

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07 Jun

Hull on Estates #470 – Rectification Revisited

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This week on Hull on Estates, David Smith and Nick Esterbauer discuss the equitable doctrine of rectification and situations in which Ontario courts may be willing to rectify wills and life insurance beneficiary designations.

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26 Apr

Hull on Estates #464 – Insurance Policies & Estate Litigation

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This week on Hull on Estates, Noah Weisberg and David Morgan Smith provide a general discussion on insurance policies in the context of estate litigation.

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09 Jul

Hull on Estates #423 – Succession Law Reform Act

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Today on Hull on Estates, David M. Smith and Stuart Clark discuss the definition of “spouse” within the meaning of Part V of the Succession Law Reform Act, and the factors that the court will look to in determining whether two parties are common law spouses within the meaning of the Act, with particular attention paid to whether two parties must live under the same roof to be considered common law spouses.

Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog below.

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04 Jun

Hull on Estates #420 – The Inheritance Wars

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This week on Hull on Estates, David M. Smith and Stuart Clark discuss the recent Macleans cover story “The Inheritance Wars”, and the general trends in estate litigation.

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13 May

Hull on Estates #378 – Time limits on dependant support claims

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Listen to Hull on Estates #378 – Time limits on dependent support claims

Today on Hull on Estates, David M. Smith and Holly LeValliant discuss some time limits on bringing dependant support claims. In a recent decision of Justice Penny, the Court held that the six month time limitation in section 61 of the Succession Law Reform Act does not operate like a typical limitation to bar any proceeding at all. The Court has the discretion to grant leave to comment an application with respect to the assets that have not yet been distributed.

If you have any questions, please email us at hull.lawyers@gmail.com, or leave a comment on our blog page.

Click here for more information on David M. Smith.

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05 Aug

Another Fresh Perspective on Succession Planning

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I recently had the opportunity to meet with a gentleman named Franco Lombardo from Vancounver B.C. who has pioneered the concept of "authentic wealth" in the context of succession planning.  Franco has written two books:  Life After Wealth and Money Motto both of which deal with and elaborate on his core concepts of devising strategies for individuals who want to create a meaningful personal legacy. 

In Lombardo’s words: "Authentic Wealth involves seeing, understanding and releasing fears around money, and, at the same time, embracing a deeper understanding of who we are, why we are here, and how we create meaning through the choices we make every day"

Franco has founded Veritage, a company through which he consults with clients with a view towards a more holistic succession planning strategy.   The concept of collaboration between a testator and his or her beneficiaries in realizing family objectives has also been explored by Ian Hull of our office and his concept of the Family Conference as a means of avoiding estate litigation. 

David M. Smith

04 Aug

The Ever-Expanding Safety Net

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The gradual demographic shift to an aging population is causing governments to reevaluate how to ensure that appropriate funding is in place to provide for long-term care.

A recent article on the BBC website references the work of a task force commissioned by the British government to consider the feasibility of three different models for the funding of post retirement long term care.

The three plans are:

Partnership – The state guarantees a base level of care, leaving the individual to fund the difference; 

Insurance – The same as partnership, except that the government would help set up insurance schemes for people to pay into to cover the difference; and 
 

Comprehensive – Payments of up to £20,000 to be paid by an individual after retirement.  In exchange, all social care, except accommodation costs, would be paid for by the government.  The payment by the individual could be paid in a lump sum, through installments, or garnished from his or her pension.

The authors of the proposals note that many people will be better off under these models as the average cost of social care for a 65-year-old is £30,000 over the rest of their lifetime. Another aspect of the proposals allows deferral of the costs of residential care until death when the outstanding bill would be a charge against the individual’s estate.

Of course, the accepted model will depend on the outcome of a vigorous political debate that will have to weigh the sacrifices required to fund the costs of caring for an aging population.

David M. Smith

 

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