Tag: hull and hull LLP

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

10 Dec

Hull on Estates #444 — Proving a Will in Common Form vs Solemn Form

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , 0 Comments

This week on Hull on Estate Jonathon Kappy and Lisa Haseley discuss the differences and implications of proving a will in common form and solemn form.

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

Click here for more information on Jonathon Kappy.

17 Nov

Hull on Estates #441 – Illiquid and Insolvent Estates

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , , 0 Comments

This week on Hull on Estates Jonathan Kappy and Lisa Haseley discuss Jenny Pho, Dale & Lessmann LLP’s paper Illiquid Estates and Other Solvency Issues presented at Probate Essentials 2015, pertaining to issues faced by an Estate Trustee when administering an illiquid or insolvent estate.

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

Click here for more information on Jonathan Kappy.

03 Jul

Hull on Estates #422 – Best Practices for Civil Trials

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , , 0 Comments

Today on Hull on Estates, Jonathon Kappy and Doreen So discuss The Advocates Society’s Best Practices for Civil Trials and the resources on our new Hull & Hull website.

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

Click here for more information on Jonathon Kappy.

Click here for more information on Doreen So.

30 Mar

Hull on Estates #411 – Capacity assessments under the Substitute Decisions Act

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , , 0 Comments

Listen to Hull on Estates #411 – Capacity assessments under the Substitute Decisions Act

This week on Hull on Estates, Jonathon Kappy and Doreen So discuss the 411 on Saunders v. Vautier and the jurisdiction of the Court to order a capacity assessment under the Substitute Decisions Act, as well as the Courts of Justice Act in the context of the recent Justice Himel decision in Stoor v. Stoor Estate.

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

Click here for more information on Jonathon Kappy.

Click here for more information on Doreen So.

17 Mar

Hull on Estates #410 – Volunteering with Junior Achievement of Canada

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , , 0 Comments

Listen to Hull on Estates #410 – Volunteering with Junior Achievement of Canada

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss their experience volunteering with Junior Achievement of Canada and the importance of teaching youth about financial planning.

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

Click here for more information on Paul Trudelle.

Click here for more information on Nick Esterbauer.

11 Mar

Hull on Estates #409 – Frequently asked questions about the Estate Administration Tax Act

Hull & Hull LLP Hull on Estates, Podcasts, Show Notes, Show Notes Tags: , , , , 0 Comments

Listen to Hull on Estates #409 – Frequently asked questions about the Estate Administration Tax Act

Today on Hull on Estates, David Smith and Josh Eisen discuss the new regulation under the Estate Administration Tax Act, 1998 and answer some frequently asked questions about the regulation.

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

Click here for more information on David Smith.

Click here for more information on Josh Eisen.

03 Mar

Hull on Estates #408 – Foundations and charitable gifting options

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , 0 Comments

Listen to Hull on Estates #408 – Foundations and charitable gifting options

Today on Hull on Estates, Natalia Angelini and Noah Weisberg discuss the use of foundations, in particular the Toronto Foundation, as a charitable gifting option to consider with individuals who wish to provide to a charity.

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

Click here for more information on Natalia Angelini.

Click here for more information on Noah Weisberg.

27 Feb

Hull on Estates #407 – Parson v. McGovern

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , 0 Comments

Listen to Hull on Estates #407 – Parson v. McGovern

Today on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the recent Parson v. McGovern decision and the circumstances under which a court may compel an Estate Trustee to make an interim distribution to the beneficiaries.

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

Click here for more information on Jonathon Kappy.

Click here for more information on Stuart Clark

06 Feb

Hull on Estates #404 – The decision of Spence v. BMO Trust Company

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , 0 Comments

Listen to Hull on Estates #404 – The decision of Spence v. BMO Trust Company

Today on Hull on Estates, Natalia R. Angelini and Doreen So discuss the newly released controversial decision pertaining to Spence v. BMO Trust Company.

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 Natalia R. Angelini.

Click here for more information on Doreen So.

SUBSCRIBE TO OUR BLOG

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

CONNECT WITH US

CATEGORIES

ARCHIVES

TWITTER WIDGET