Tag: law blogs

14 Feb

Everything You Ever Wanted to Know About the Supreme Court of Canada

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I recently came across Osgoode Hall Law School’s blog site about the Supreme Court of Canada, The Court. Under the supervision of faculty, law student editors write on the upcoming decisions that are scheduled to be heard or have been recently decided by the Supreme Court of Canada.

 

There are a number of legal scholars who regularly comment on the decisions and readers are encouraged to post their own comments.  The “exchange of ideas” format is designed to appeal to both legal practitioners and other interested citizens and makes for interesting reading. The archives go back to November 2006 and decisions are searchable by subject.

 

Aside from the commentary, there are a number of online resources related to the Supreme Court, including online texts and a statistical database of recent Supreme Court decisions. There is also a link to Top Court Talk where correspondents from around the world discuss the decisions of their highest court.

 

It is an interesting way to keep informed with what is going on with the Supreme Court.

 

 Enjoy your day,

 

Diane Vieira

03 Apr

Estate Planning Considerations in the Context of Married and Unmarried Spouses – Hull on Estate and Succession Planning Podcast #54

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Listen to "Estate Planning Considerations in the Context of Married and Unmarried Spouses"

Read the transcribed version of "Estate Planning Considerations in the Context of Married and Unmarried Spouses"

During Hull on Estate and Succession Planning Episode #54, Ian and Suzana discuss how to avoid Will drafting problems when creating beneficiary designations for insurance trusts.

They also discuss the importance of including funeral arrangements in your Will, and the various Provincial approaches to the revocation of wills after marriage and after a divorce.

27 Mar

Hull on Estate and Succession Planning Podcast #53 – Beneficiary Designation Considerations for Spousal Trusts

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Listen to "Beneficiary Designation Considerations for Spousal Trusts"

Read the transcribed version of "Beneficiary Designation Considerations for Spousal Trusts"

During Hull on Estate and Succession Planning Episode #53, Ian Hull and Suzana Popovic-Montag build on their last podcast regarding succession planning for married couples, and turn their focus to spousal trusts.

They discuss administrative expenses surrounding trusts, the circumstances that lead to surviving spouse litigation, and methods for ensuring the balance between beneficiary designations.

19 Mar

The Invasion of the Trust and Settlement Discounters?

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Anyone can discount a commercial interest they own, trading money for convenience. There is always someone looking for a bargain.

In the United States, dozens of companies are offering to buy structured settlements and trusts. In fact, it is a huge business. Most U.S. states have passed laws requiring court approval of the sale of a structured settlement. However, in many instances, courts will approve sales of structured settlements and trusts for anyone claiming financial hardship.

I am not aware of any prohibition in Canadian law stopping such a discount trade in Canada. The owner of a trust can sell it, unless the trust contains a prohibition against its sale. As another example, one can sell his/her remainder interest in a trust, at a huge discount. It will be interesting to see if this type of discount trade catches on in Canada. If it does, regulation may become necessary to protect vulnerable beneficiaries of structured settlements or trusts. For example, court approval and/or full disclosure of potential consequences may be required. However, it seems unlikely that the government will seek to stop beneficiaries who are sui juris from selling their interest in structured settlements or trusts.

Have a great day!

Bianca

06 Mar

Hull on Estate and Succession Planning Podcast #50 – More Tips for Protecting Your Children’s Inheritances

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Listen to "More Tips for Protecting Your Children’s Inheritances"

Read the transcribed version of "More Tips for Protecting Your Children’s Inheritances"

During Hull on Estate and Succession Planning Podcast #50, Suzana Popovic-Montag and her guest, Jordan Atin continue their discussion on how to protect your children’s inheritances, focusing on strategies to ensure that your chosen beneficiaries do in fact receive the assets left to them.

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