Tag: Succession Planning

09 Jun

Rules of Conduct – An Estates’ Perspective: An Introduction to the US Experience – Part I

Suzana Popovic-Montag Archived BLOG POSTS - Hull on Estates Tags: , 0 Comments

Ian is honoured to be a Fellow of the American College of Trust and Estate Counsel and, as a Fellow, he receives ongoing updates from the perspective of U.S. Estates Law. Interestingly enough, the similarities between the United States and Canada are considerable. For example, the leading decision of Banks v. Goodfellow (1870), L.R. 5 Q.B. 549 is used as a benchmark testamentary capacity case in most U.S. jurisdictions. Therefore, the starting point with regard to the U.S. law and its experiences are fairly similar to ours in many situations.

One of the recent massive undertakings that ACTEC has completed is the fourth edition of the Commentaries on the Model Rules of Professional Conduct.

These model rules were first published in 1993 and the Commentaries continue to assist U.S. courts. There are ethics committees and other aspects of the U.S. Estates Bar that use these model rules as a true "benchmark" for many of the pressing issues.

As the introduction to the Commentaries explains, they generally seek to identify various ways in which common problems can be dealt with, without expressly mandating or prohibiting particular conduct by trust and estates lawyers. The Commentaries are intended to provide general guidance to the trust and estates lawyers.

Ian and I intend to work through the Commentaries in some respect throughout the next little while in our Podcasts; however, we thought that it might be helpful to, in a written format through our daily Blog, walk through some of these interesting issues as well.

The basic themes of the Commentaries are:

-the relative freedom that lawyers and clients have to write their own charter with respect to a representation in the Trust and Estates field;

-the generally non-adversarial nature of Trusts and Estates practice;

-the utility and propriety, in this area of law, of representing multiple clients, whose interests may differ but are not necessarily adversarial; and

-the opportunity, with full disclosure, to moderate or eliminate many problems that might otherwise arise in an Estates practice. (See ACTEC Commentaries, page 1).

More will follow on Monday… All the best, Suzana and Ian.

25 Apr

Hull on Estate and Succession Planning Podcast #5 – Successful Will Drafting

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estate and Succession Planning Tags: , 0 Comments

LISTEN HERE

READ THE TRANSCRIBED PODCAST HERE

During our podcast, we continued our discussion on ways to "bullet-proof" a will:

(iv) properly documenting any gifts you make during your lifetime;

(v) carefully considering unequal treatment of your beneficiaries;

(vi) will drafting – losing a gift if you challenge the will;

(vii) contracts not to contest a will; and

(viii) avoiding making casual "will like" dispositions. ——–

27 Mar

An Introduction to Hull on Estate and Succession Planning

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estate and Succession Planning Tags: , , 0 Comments

LISTEN HERE

READ THE TRANSCRIBED PODCAST HERE

During our podcast, we discussed the following legal issues:

(i) The financial and emotional costs of estate litigation;

(ii) Protecting your estate with advance planning;

a. develop a comprehensive estate plan

b. consulting with beneficiaries in advance ——–

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