Tag: hull and hull LLP

09 Dec

Guardianship in Canada – Hull on Estate and Succession Planning

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Listen to Guardianship in Canada

This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about how the law has changed in Canada as it pertains to the appointment of guardians. Rodney suggests that today’s laws (post-1994) are clearer than they were in the past.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

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07 Nov

Will Challenge Litigation – Part 12 – Hull on Estate and Succession Planning #137

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Listen to Will Challenge Litigation – Part 12

This week on Hull on Estate and Succession Planning, Ian and Suzana clarify the distinction between claims of resulting trust and claims of constructive trust.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

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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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24 Jun

Compensation for Work Done by Estate Trustees and Solicitors – Hull on Estates #116

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Listen to Compensation for work done by estate trustees and solicitors.

 

This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss compensation for work done by estate trustees and estate solicitors.

 

Case citation:

Rooney Estate v. Stewart Estate 2007 WL3019262 (Ont. S.C.J.), 2007 CarswellOnt 650

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.

01 Feb

A Trustee’s Liability For Bad Investments

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As we all know, it is not uncommon for any investor to occasionally experience a substantial decrease in the value of one of the stocks in his or her portfolio.  But what if the investor is a trustee?   

In light of the recent amendments to the Trustee Act which appear to embrace the modern portfolio theory, it will be interesting to see how the Court will utilize this theory to assess a trustee’s investment performance. Section 28 of the Trustee Act adopts an approach that is consistent with the modern portfolio theory.  Under this section, a trustee is insulated from liability if “the conduct of the trustee, which led to the loss from the trust, conformed to a plan or strategy, for the investment of the trust property, comprising reasonable assessments of risk and return that a prudent investor could adopt under comparable circumstances”.

Under the “statutory legal list” approach, which I described yesterday, a trustee was limited to investing trust assets in authorized investments.   However, with the development of the prudent investor rule, trustees are provided with a broader range of investment choices, which will likely increase their responsibility in determining an acceptable standard of care.

Presuming that a trustee is found liable for breaching the standard of care, section 29 of the Trustee Act permits a court to assess “the overall performance of the investments” when it is assessing damages.  Based on the language of section 29, it appears that a trustee may be allowed to offset the loss of a bad investment against the gain of a good investment.

The trusts and estates bar will be watching with interest to see how the judicial consideration of the prudent investor rule evolves.

Happy Super Bowl Weekend!  Go Patriots!

Rick

04 Jun

Ontario Bar Association, Trusts and Estates Section Executive for 2007-2008

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Last week, Paul Trudelle commented in two of his blogs on the well-deserved awards presented at the Ontario Bar Association, Trusts and Estates Section Year End Dinner that was held on Wednesday, May 30, 2007 at the Royal York Hotel. Specifically, Brian Schnurr was awarded the Award of Excellence, Jordan Atin the Hoffstein Book Prize and Peter Lawson the Widdifield Award.

In addition, Corina Weigl, the Chair of the 2006-2007 Section Executive presented a report on the past year’s activities undertaken, and dealt with, by the Section Executive.

Following Ms. Weigl’s report, the slate for the 2007-2008 Section Executive was dealt with and confirmed.

The 2007-2008 Section Executive is: Jordan Atin (Chair), Kimberly Whaley (Vice-Chair), Corina Weigl (Past-Chair) and Suzana Popovic-Montag (Secretary), together with the following Members-at-Large: Ann Elise Alexander, Robert Coates, Ed Esposto, Jan Goddard, Susan Heakes, Danielle Joel, Sean Lawler, Mitchell Leitman, Joanna Ringrose, Susan Stamm, Sender Tator, Craig Vander Zee, Mary Wahbi and Melanie Yach.

I thoroughly enjoyed working with this past year’s Section Executive and look forward to working with the 2007-2008 Section Executive and Jordan, its new Chair.

Thanks for reading,

Craig 
 

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