Tag: Hull & 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

29 Dec

Hull on Estates #447 — McKay Estate v. McKay and Fiduciary Relationships

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the development of fiduciary relationships and the recent Ontario Superior Court of Justice decision of McKay Estate v. McKay.

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.

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22 Sep

Hull on Estates #433 – Confidential Replacement Wills and Undue Influence

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This week on Hull on Estates, David Smith and Josh Eisen discuss an innovative way to protect a testator from undue influence, proposed by author John E. S. Poyser in his new book, Capacity and Undue Influence.

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

Click here for more information on David Smith.

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08 Sep

Hull on Estates #432 – Bankruptcy and estate planning

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This week on Hull on Estates, Jonathon Kappy and Doreen So discuss a Court of Appeal case related to bankruptcy and its overlapping concepts related to estate planning.

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.

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01 Sep

Hull on Estates # 431 – Delirium and Dementia

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This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss a recent paper by Wendy Griesdorf, which highlights the differences between delirium and dementia, and the relevance of this distinction within the context of estate and guardianship proceedings.

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 Natalia Angelini.

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04 Aug

Hull on Estates #427 – Lucid Intervals

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Today on Hull on Estates, Paul Trudelle and Josh Eisen look at the concept of the lucid interval in the context of testamentary capacity and examine recent research that raises some doubts about whether a person can temporarily regain capacity after he/she has been impaired.

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 Paul Trudelle.

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27 Jul

Hull on Estates #426 – Estate distributions on mistakes of fact

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This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss estate distributions on mistakes of fact and case law that recognizes the obligation of beneficiaries to repay distributions to an estate to cover unanticipated tax liabilities.

Episode resource:

CIBC Trust v. Bayly 

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 Natalia Angelini.

Click here for more information on Nick Esterbauer.

21 Jul

Hull on Estates #425 – Regulations amending the Rules of Civil Procedure

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Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Regulations amending the Rules of Civil Procedure including amendments to mediation and updated court forms.

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.

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29 Jun

Changing with the Times

Ian Hull New Media Observations, News & Events Tags: , , , , 0 Comments

As you may have noticed, our blog has undergone a content freeze over the past two weeks. This was done to facilitate an overhaul of our website. The purpose of the update was to make a mobile-friendly site that meets accessibility standards as prescribed by the Accessibility for Ontarians with Disabilities Act.

Here are some of the changes you may notice. First, as a mobile-friendly site, we have incorporated a responsive design that automatically resizes content depending on the size of your screen. One person estimates that somewhere between 20 to 40 percent of online traffic to law firm websites comes via mobile searches. That number is expected to rise. Given our commitment to delivering high quality content, we also wanted a website that was easy to access, anywhere at any time.

Second, archived on our site is nearly 10 years of material touching on matters of estate and trust law. These include blogs, podcasts, videos and our newsletters (The Probater). The updated site makes finding content easier because the navigation structure is simpler. All of our content has been stored under “Resources.” As such, you are just one-click away from accessing the plethora of information available to you. All of this, we hope, makes your browsing experience simpler and more efficient.

As part of our commitment to delivering the best results for our clients, we hope that our new site delivers the best results for our friends who read this blog and those who frequent our website. We look forward to continuing the conversation regarding estate and trust matters and to serving you however we can.

Thank you for reading.

Ian Hull

21 May

Hull on Estates #419 – Communication with experts and disclosure of drafts

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This week on Hull on Estates, Jonathon Kappy and Andrea Buncic discuss the recent decision of Moore v. Gatahun, 2015 ONCA 55, and counsels’ permissible communications with expert witnesses and disclosure obligations of prior draft expert reports.

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 Andrea Buncic.

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