Tag: estate lawyers

05 Jun

A Summary of “Organ Donation for Estate Lawyers”

Suzana Popovic-Montag Uncategorized Tags: , , , 0 Comments

Over 85% of Ontarians support organ donation, yet Ontario has one of the lowest rates of organ donation in the world. This gives estate practitioners the perfect opportunity to discuss organ donation with their clients who are already thinking about end-of-life issues.

What you need to know about organ donations in Ontario

A Summary of "Organ Donation for Estate Lawyers

  • Organ and tissue donation falls under provincial jurisdiction
  • All provinces, including Ontario, operate on an “express consent” basis which means that donation can only occur when an individual has consented to it
  • Consent can be provided by a donor who is 16 years of age or older either in writing or orally (if consent is given orally it must be in the presence of at least two witnesses)
  • If no consent is provided, the individual’s family or the person lawfully in possession of the body can consent to donation on their behalf
  • The inclusion of one’s intentions for organ donation in their will is a valid form of making an election

Issues that arise

  • Making an election
  • If no election is made, the decision about whether to donate the individual’s organs  falls on the client’s family or executor to decide on their behalf
  • This may cause a problem because their decision might not reflect the individual’s intentions
  • If a client is concerned that his/her family may not make a decision that will reflect his/her intentions you can discuss appointing a Power of Attorney to ensure his/her wishes are followed
  • The importance of communicating one’s election
  • Medical staff often have no way of verifying whether an individual who previously made an election has changed their mind
  • Therefore, even if a donor has recorded consent, medical staff often request the family’s permission prior to proceeding (as protection from liability)
  • However, if the family claims that the individual did not consent, medical staff are often reluctant to challenge families’ wishes
  • This highlights the importance of ensuring your client communicates their chosen election to their family members and estate trustee

Recommended checklist for drafting solicitors

  1. Does the testator wish for organs and/or tissues to be donated following death?
  2. Discuss registration of consent with Trillium Gift of Life
  3. Discuss the importance of communication with the estate trustee of wishes regarding the organ donation
  4. Discuss the importance of communication with family members of wishes regarding organ donation
  5. Consider the appointment of a Power of Attorney

Drafting solicitors can also review the Toolkit for Legal Professionals prepared by the Trillium Gift of Life Network, this can be found at: https://www.giftoflife.on.ca/resources/pdf/Legal_Toolkit_Combined_Feb172017_FINAL.pdf

To read the full article by Suzana Popovic-Montag and Ian M. Hull, it can be found at: https://c.ymcdn.com/sites/tlaonline.site-ym.com/resource/resmgr/news_and_publications/Organ_Donation_for_Estate_La.pdf

31 Oct

Hull on Estates #354–Estate Trustees and Notices of Objection

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Listen to: Hull on Estates #354 — Estate Trustees and Notices of Objection

Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss some of the disadvantages of an Estate Trustee waiting for a Notice of Objection to expire rather than bringing an Application for Directions.

 

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 Andrea Buncic.

Click here for more information on Paul Trudelle.

31 Oct

Hull on Estates #353 – The Supreme Court of Canada and the Right to Life

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Listen to: Hull on Estates #353 — The Supreme Court of Canada and the Right to Life

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Supreme Court of Canada decision on the case of Hassan Rasouli, a gentleman who was hospitalized and on life support. Mr. Rasouli’s family did not agree with doctors’ decisions to remove him from all such support. Jonathon and Noah discyss the broader implications of the issue at hand,  the Health Care Consent Act, and the Consent and Capacity Board.

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 Jonathon Kappy.

Click here for more information on Noah Weisberg.

17 Oct

Hull on Estates #352 – The Family Law Act and Matrimonial Homes

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Listen to: Hull on Estates #352 — The Family Law Act and Matrimonial Homes

Today on Hull on Estates, David Smith and Holly LeValliant discuss a recent case Brash v. Zyma, 2013 ONSC 2800, where the Applicant developed Parkinson’s Disease, which made it impossible for her to live in the matrimonial home. Accordingly, the Estate argued that at the valuation date (the date of death of the deceased), the property was not ordinarily occupied by the Applicant and therefore was not a matrimonial home pursuant to the Family Law Act. David and Holly discuss the broader implications of the issue in the Estates and Guardianship contexts.

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 Smith.

Click here for more information on Holly LeValliant.

 

08 Oct

Hull on Estates #351 – Solicitor’s Note Taking for a Will

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 Listen to: Hull on Estates Episode #351 – Solicitor’s Note Taking for a Will

Today on Hull on Estates, Paul Trudelle and Joshua Eisen discuss solicitor’s notes when taking instructions for a will. Rodney Hull’s Checklist for Solicitors Preparing Wills in Situations Indicating A Need for Special Care in Taking Instructions can be accessed here.

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 Paul Trudelle.


Click here for more information on Joshua Eisen.

26 Sep

Hull on Estates #349 – Pets and Estate Planning

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Listen to: Hull on Estates Episode #349 – Pets and Estate Planning

Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss the importance of giving thought to your pets when planning your estate or drafting your will.

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 Andrea Buncic.

Click here for more information on Paul Trudelle.

17 Sep

Hull on Estates #348 – Notices of Objection

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Listen to: Hull on Estates Episode #348 – Notices of Objection

Today on Hull on Estates, Jonathon Kappy and Josh Eisen discuss the issue of standing to object to a will and motions to have notices of objection removed.

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 about Jonathon Kappy.

Click here for more information about Josh Eisen.

08 Aug

Hull on Estates #342 – Estate Freeze Considered as Fraudulent Conveyance

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Listen to: Hull on Estates Episode #342 – Estate Freeze Considered as Fraudulent Conveyance

Today on Hull on Estates, David Smith and Holly LeValliant discuss whether an estate freeze can be considered a fraudulent conveyance.  David and Holly discuss the Ontario Superior Court of Justice case Reisman v. Reisman 2012 ONSC 3148 and compare it to the Ontario Court of Appeal’s decision in Stone v. Stone 2001 CanLII 24110 (ON CA)

If you have any questions, please e-mail us at hull.lawyers@gmail.com.

Click here for more information on David Smith.

Click here for more information on Holly LeValliant.

17 Jul

Hull on Estates #339 – Probate of a Lost Will

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Listen to: Hull on Estates Episode #339 – Probate of a Lost Will

Today on Hull on Estates, Noah Weisberg and Natalia Angelini discuss the probate of a lost will and the case out of the Supreme Court of British Columbia, Thierman Estate v. Thurman. A link to the case can be found here.

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

Click here for more information on Noah Weisberg.

Click here for more information on Natalia Angelini.

04 Jul

Hull on Estates #338 – Priorities in Payment of Estate Debts

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 Listen to: Hull on Estates Episode #338 – Priorities in Payment of Estate Debts

Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss priorities in payment of estate debts, equalization, dependant support and bequests.

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

Click here for more information on Paul Trudelle.


Click here for more information on Jonathon Kappy.

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