Tag: finding heirs

16 Apr

Robert Gordon Price’s Law Practice – Now at Hull & Hull LLP

Kira Domratchev Estate & Trust, General Interest, Wills Tags: , , , , , , 0 Comments

Robert Gordon Price began the practice of law in the small northern Ontario mining community of Kirkland Lake in 1952 when he joined his uncle Bruce Williams, and the Williams and Price law firm had its beginning. Bob, as he was known to friends and colleagues would practice law for over 65 years until his passing in Toronto on November 26, 2017 at the age of 92.

In or around the time Bob began practicing law, the International Law Commission began working on the issue of diplomatic and consular relations. After more than ten years of international preparations and after a discussion on the draft articles, countries proceeded to a Conference on Consular Relations, which was attended by delegates of 95 states. The Conference adopted the Vienna Convention on Consular Relations which was signed on 24 April 1963 and came into force on 19 March 1967. Article 37 provides that a country must “without delay” notify consular officers if a person dies while away in another country or has a guardian or trustee appointed over him or her. From this, certain international obligations would flow.

Around the same time, a miner, who was originally from Poland, died in Kirkland Lake. He died without a Will and his family in Poland had to be identified, located, and contacted. Arrangements were made in regard to the funeral, the body, and the estate. No one was quite sure how to proceed given the new treaty obligations, but the Polish Ambassador was put in contact with Bob. For Bob, it was a beginning of a niche law practice on international estates inheritance and heir locate in over 15 countries. Bob soon developed a practice where he was involved with almost all estates in Canada with a connection to Eastern Europe and the Soviet Union.

Part of Bob’s legacy are the international relationships that he built over many years. As international relations between countries continue to evolve and change, the relationships Bob established are even more important today.

Today, Hull & Hull LLP is working with Bob’s former colleagues around the world by assisting clients in solving complex and difficult problems involving international estate inheritance matters.

Thanks for reading.

Jim Jacuta & Kira Domratchev

12 May

Prince’s Estate: Intestate Heirs and Fights Over Intellectual Property

Umair Estate & Trust, Estate Planning, General Interest, In the News, Litigation, News & Events, Trustees Tags: , , , , , , , 0 Comments

April 21, 2017 marked one year since the death of the beloved recording artist, Prince. We have previously blogged about the legal issues surrounding Prince’s Estate that have emerged since his death. Although more than a year has now passed, the Estate continues to be engaged in litigation.

According to media reports, producer George Ian Boxill tried to release an EP containing previously unreleased songs by Prince to coincide with the first anniversary of his death. Boxill asserted that he had the right to release the music. In a lawsuit commenced by Paisley Park Enterprises, Prince’s Estate disagreed and alleged that Boxill was in breach of the recording agreement that he had signed with Prince.

The Estate was initially successful in blocking Boxill’s attempts to release the EP of new music. However, according to a new report in TMZ, Boxill has now filed additional legal documents that state that the unreleased music was not the subject of a nondisclosure agreement.

Separately, as we have previously blogged, Prince died without a Will and any known children, resulting in claims from a number of possible heirs.

According to a recent news report, the Minnesota judge presiding over the proceedings had indicated that he would not make a declaration regarding the heirs of Prince’s Estate until appeals by other potential heirs whose claims had been rejected were allowed to run their course. Lawyers for Prince’s sister and half-siblings have now argued that this delay will unnecessarily increase costs and hinder the proper administration of the Estate.

We have previously blogged about the importance of carefully addressing issues regarding intellectual property and any possible rights the estate may have after the testator’s death in a testator’s estate plan. Deceased writers, musicians and other artists may be parties to agreements that bind their estates and affect the rights and control over their intellectual property.

It is generally advisable for drafting solicitors to ensure that such legal documents are reviewed as part of a creative professional’s estate planning. It may also be prudent to obtain the advice of a lawyer who specializes in intellectual property law, to ensure that the estate plan adequately addresses any possible rights the estate may have after the testator’s death. Disputes over the beneficial ownership and control of a testator’s intellectual property can result in protracted and expensive litigation.

The legal issues surrounding Prince’s Estate reiterate the importance of careful estate planning while the testator is still alive. Lack of certainty regarding the beneficiaries of the estate, the deceased’s intentions and the property/rights of the estate can significantly increase the risk that the estate will become embroiled in protracted litigation.

Other Articles You Might Be Interested In

Intellectual Property in the Estates Context

A Cautionary Tale: Prince Dies Intestate?

Prince’s Possible Heirs: An Update

Intellectual Property – Why it’s Fashionable to Consider when Estate Planning

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29 Sep

Back to Basics II: Where are the Beneficiaries?

Doreen So Estate & Trust, Estate Planning, Executors and Trustees, Trustees, Wills Tags: , , , , , 0 Comments

As a second part to Tuesday’s blog, our very own Ian Hull was also a presenter at the recent Law Society of Upper Canada Practice Gems: Probate Essentials 2016 program on September 20, 2016.  Ian and our associate, Laura Betts, wrote a paper on various issues surrounding the obligation to locate and notify the beneficiaries of an estate and what may be done when a person cannot be located.

Estate trustee's have an obligation to locate and notify the beneficiaries of an estate.
“Issues may arise when a named beneficiary is simply unknown to the estate trustee and the family…”

These issues may arise when a named beneficiary is simply unknown to the estate trustee and the family, or they may arise when a class of beneficiaries are named and the exact identities of the deceased’s “cousins”, for example, may be unknown.

In a previous blog, Laura has outlined the obligation of an estate trustee to identify the beneficiaries of an estate with tips on how an estate trustee may conduct his/her “reasonable inquiries”.

As a tip for will drafting solicitors, Ian Hull suggested during the program that it will be helpful to include the known occupation and location of a beneficiary on the face of the will (e.g. Doreen So, lawyer, City of Toronto).

The Ontario Office of the Registrar General may also be a helpful resource to estate trustees as it is responsible for issuing birth, death, and marriage certificates in Ontario.

Thanks for reading.

Doreen So

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