In this episode of Hull on Estates, Megan Connolly and Rick Bickhram discuss some interesting legal issues that surround assisted reproductive technology and succession law.
This week on Hull on Estate and Succession Planning, Ian and Suzana discuss litigation involving vacation and recreational properties. This is an emotional as well as a legal issue. They talk about the realities of passing properties on to younger generations.
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During Hull on Estate and Succession Planning Podcast #67, Ian and Suzana discuss the topic of Probate. They throughly explain the concept and cover the different roles that Probate can play in a successful succession plan.
During Hull on Estate and Succession Planning Episode 39, we continued our discussion on the Family Conference, focusing on the actions to be taken in regards to non-participating family members. We also discussed the importance of documentation and defined will challenges.
Amidst the hustle and bustle of preparations for the holiday season, I’m always amazed by the kinds of matters that can bring a sudden reality check to our situations and to life in general.
Recently, after having attended the funeral of a friend of the family, I had my own reality check. Pat, a remarkable 37-year old woman, passed away after a courageous 2 and a half year battle with breast cancer. Pat was survived by her husband and two beautiful children, a daughter and a son. Learning about the amazing legacy that Pat left behind, I started to consider the legacy which I was creating and what it was that I hoped one day would be said at my funeral.
So often, we get wrapped in all the little things that, in the grand scheme of things, really do not matter. Struggling to maintain the professional and home life balance is challenging at best, but, in the end, nothing can be more fulfilling.
Everyday, we deal with clients who are either trying to create an estate plan for themselves or deal with the one that has been left to them. The whole area of estates and trusts is premised on the desire to deal with our material possessions for the benefit of others when we are gone. Sometimes, however, the emotional legacy that we leave behind is much more important than the financial one.
All the very best,
Limitation provisions generally aim to strike the appropriate balance between an aggrieved party’s right to seek redress and a potential defendant’s right not to remain under the cloud of litigation indefinitely or to answer for a wrong where it has become difficult, if not impossible, to marshal the evidence.
The case of Webster v. Webster Estate , a recent decision of the Ontario Superior Court of Justice, attracted notoriety in the media, as the Webster family is well known in Montreal and the world of philanthropy. The case is interesting to read given the amount of money at stake and the family dynamics. The case also deals with limitation periods in the estate context. Today, I will discuss the facts. Tomorrow, I will discuss the law and the court’s decision.
Hull on Estate and Succession Planning Podcast #35 – The Family Conference – Special Needs Beneficiaries
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During Hull on Estate and Succession Planning Podcast #35, we discussed:
- Special needs beneficiaries;
- What the definition of a special needs beneficiary is;
- The use of trusts for special needs beneficiaries; and
- The proper planning for special needs beneficiaries and what happens to the assets and the trust when the special needs beneficiary dies.
Spousal relationships (and their breakdown) and their interaction with estate litigation are the focus of this week’s blogs. In the practice of estate litigation, there is an immense body of applicable case law and statutory authority.
For the purpose of these blogs, the term "married spouse" is used to consider those entitlements which are only granted to those spouses who fall within the definition of marriage in Ontario. The term "unmarried spouse" is used to consider the entitlements of spouses who are not married but who are conferred benefits under the provisions of certain statutes.
(i) Rights of a married spouse on an intestacy
The entitlement of a married spouse on an intestacy is statutory: Succession Law Reform Act, Part II. A surviving husband or wife, on an intestacy, receives the entire estate of his spouse if there are no children. If there are children, the surviving husband or wife still receives the first $200,000.00 of the estate and either 1/2 of the remainder if there is one child or 1/3 of the remainder if there are two of more children of the marriage.
(ii) Rights of an unmarried spouse on an intestacy A surviving unmarried spouse, on an intestacy, receives no entitlement. A spouse is defined for the purposes of Part II of the Succession Law Reform Act as either a man or a woman who is married.
Although there are some cases in other provinces which suggest that this statutory provision offends the equality provisions of the Charter, the only available statutory remedy for an unmarried spouse on an intestacy in Ontario is to bring an application for support under the provisions of Part V of the Succession Law Reform Act.
Tomorrow, we will consider the entitlements of married and unmarried spouses under a Will and their entitlements when the benefit under the Will is less than adequate.
Have a great day, David. ——–