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- 687 - 689 - Roe v. Roe Retrospective - A Will Challenge
This week on Hull on Estates, Doreen So and Kiran Sanghera discuss Will Challenges and the case of Roe v Roe. Links: Insane Delusion Banton v. Banton, 1998 CanLII 14926 (ON SC) Tate v. Gueguegirre The Challenge of Appealing a Will Challenge
Tue, 09 Apr 2024 - 21min - 686 - #688 - Estate Freezes and Net Family Property Equalization.
On this week’s episode of Hull on Estates, and have a follow-up discussion on Stuart’s about Estate Freezes and Net Family Property Equalization. Cases discussed: Stone v. Stone, (ON CA) Reisman v. Reisman, (CanLII)
Wed, 27 Mar 2024 - 20min - 685 - 687 - Retract a Renunciation
This week on Hull on Estates, Natalia Angelini and Haley Daniel discuss the retraction of renunciation of appointment as estate trustee. They analyze two recent court decisions Hunt v Hunt and Soo Estate and how this may impact the ability to retract a renunciation. Links: Blog: Hunt v Hunt: Soo Estate:
Tue, 26 Mar 2024 - 09min - 684 - 686 - The Absentees Act and the case of Grover v. Vaid
This week on the podcast Jonathon Kappy and Geoffrey Sculthorpe discuss the The Absentees Act and how it impacts the case for Grover v Vaid, 2023 ONSC 5931. Research Links: Case: Absentees Act: Declarations of Death Act:
Mon, 26 Feb 2024 - 13min - 683 - 685 - Sham Trusts: Exploring a Purported Settlor’s Intentions
This week on Hull on Estates, Nick Esterbauer and Doug Higgins review the decision of the Ontario Superior Court of Justice in McGoey (Re), 2019 ONSC 80. Through this unique case and its interesting evidentiary issue, Nick and Doug discuss the concept of a “sham” trust, and the principles applied by Ontario courts in evaluating a purported settlor’s intention to settle a valid trust. McGoey (Re), 2019 ONSC 80 (CanLII)
Thu, 15 Feb 2024 - 11min - 682 - 684 - A Case of Moral Obligation
This week on the podcast, Natalia Angelini and Diana McBey discuss a case from British Columbia, Bautista v Gutkowski Estate, 2023 BCSC 1485. In a pivotal decision, the BC Court of Appeal varied a will in favor of an estranged son, recognizing the testator’s moral obligation. The case of Bautista v Gutkowski Estate reiterates the significance of moral duties in estate planning, especially towards one's children. Contact Us:
Tue, 30 Jan 2024 - 08min - 681 - 683 - Parental Support under s. 32 of the Family Law Act
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss a child’s obligation to support their parents under s. 32 of the Family Law Act. Links to the cases that were talked about are: L.F.D. v. X. Stravino v. Buttinelli Godwin v. Bolsco Dragulin v. Dragulin Parental Support – A child’s obligation to support their parents Contact Us: info@hullandhull.com
Tue, 16 Jan 2024 - 15min - 680 - 682 - Hermes and Adult Adoption
In today’s podcast, Natalia Angelini and Sydney Osmar discuss the recent news cycle involving an 80 year old billionaire who is apparently in the midst of a succession plan which includes adopting his 51 year old gardener. Natalia and Sydney discuss their love of Hermes and what the legal test and implications of adult adoption look like in Ontario. Contact Us:
Tue, 02 Jan 2024 - 10min - 679 - 681 - Pragmatism in ETDL Appointments
This week on Hull on Estates, Jonathon Kappy and Margarita Grup, discuss two cases dealing with the appointments of Estate Trustees during litigation with two different outcomes. We explore the topic of when and where it is appropriate to appoint an ETDL and some of the consequences that could occur during the process. Mayer v Rubin, 2017 ONSC 3498 Armstrong v Laviolette, 2023 ONSC 6783
Tue, 19 Dec 2023 - 14min - 678 - #680 - About Guardianship Bonds
This week on Hull on Estates, Nick Esterbauer and Zahra Attir follow up to their podcast on Estate Administration Bonds to discuss the nature of guardianship bonds and the circumstances under which those applying to become guardians of property of an incapable adult in Ontario may be required to post a bond. Conversely, they discuss circumstances under which posting such a bond may not be required. Contact Us: info@hullandhull.com
Tue, 05 Dec 2023 - 12min - 677 - #679 – When Estate Planning Techniques Backfire
This week on Hull on Estates, Doreen So and Darien Murray discuss Justice Charney’s decision in Jackson v Rosenberg which provides a great summary of the basic property law concepts that are at the core of much litigation. This case also provides a warning of the downside of a very popular estate planning technique.
Tue, 21 Nov 2023 - 25min - 676 - 678 - The Law of Minimum Evidentiary Threshold in Will Challenge Litigation.
This week on Hull on Estates, Stuart Clark and James Macfarlane discuss the recent decision of Justice Myers in , in which His Honour addresses the application of the law of minimum evidentiary threshold in will challenge litigation.
Wed, 01 Nov 2023 - 15min - 675 - #677 – The Use of Cautions and Section 9 of the Estates Administration Act
This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent motion in Marcy v. Marcy. This motion dealt with the appropriate use of cautions in estates matters and the implications of section 9 of the Estates Administration Act.
Tue, 17 Oct 2023 - 09min - 674 - #676 - A Refresher on Multiple Wills
This week on Hull on Estates, Jonathon Kappy and Daniel Boucher, provide a refresher on multiple wills, how they can be used, and how they can backfire. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
Mon, 16 Oct 2023 - 11min - 673 - 675 - When are estate administration bonds required?
This week on Hull on Estates, Nick Esterbauer and Zahra Attir discuss the circumstances under which applicants applying for various Certificates of Appointment of Estate Trustees are required to post estate administration bonds. Conversely, they discuss circumstances under which posting such bonds may not be required. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
Tue, 26 Sep 2023 - 12min - 672 - 674 - Medical Privacy in Will Challenges: A look from Gilbert v Girouard
In today's episode, Doreen So and Diana McBey discuss , and how the Court may, in the right circumstances, protect a Deceased's medical privacy from those wishing to challenge their Will. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
Tue, 12 Sep 2023 - 22min - 671 - #673 - Schutz Estate (Re)
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the concept of insulating claims that may otherwise be statute-barred if brought within a passing of accounts with reference to the decisions of Schutz Estate (Re) 2023 ONSC 3959 and Wall v. Shaw 2018 ONCA 929. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
Tue, 29 Aug 2023 - 15min - 670 - #672 - Hot off the press – Recent decisions that examine the application of new section 21.1(1) of the SLRA
Natalia Angelini and Sydney Osmar review recent decisions out of the Superior Court of Justice regarding the application and interpretation of new substantial compliance legislation, section 21.1(1) of the Succession Law Reform Act. Succession law reform act: Vojska v Ostrowaki, 2023 ONSC 3894 Cruz v Public Guardian and Trustee, 2023 ONSC 3629 SCJ Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315 Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
Tue, 15 Aug 2023 - 12min - 669 - #671 - Will Challenge by Jury?
This week on Hull on Estates, and , discuss the case surrounding Aretha Franklin's will and the impact a jury trial has on a will challenge. They discuss the importance of properly planning and communicating one's wishes to avoid confusion and disputes among beneficiaries. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
Tue, 01 Aug 2023 - 11min - 668 - #670 - Titan Submersible: Unlocking the Depths of Ontario’s Declarations of Death Act, 2002
This week on Hull on Estates, and dive into the depths of Ontario’s Declarations of Death Act, 2002, as they explore the intersection of the Titan Submersible and the legal complexities surrounding presumed deaths. Join them as they navigate through the murky waters of determining and defining death in the modern world.
Tue, 18 Jul 2023 - 11min - 667 - Hull on Estates Podcast #669: Selling Property that is the Subject of a Specific Testamentary Gift
This week on Hull on Estates, Doreen So and Darien Murray discuss a case which examines the ability of Attorneys for Property to sell property that is the subject of a specific testamentary gift. They consider the statutory framework surrounding this issue, as well as the wider obligations of Attorneys for Property. Follow us on social media: LinkedIn Facebook Twitter Instagram
Tue, 11 Jul 2023 - 17min - 665 - #667: The Ramifications of Gifting Assets To Yourself As POA
This week on Hull On Estates, and review the case of , which is a cautionary tale for those acting as a Power of Attorney who make gifts to themselves. This case deals with issues commonly encountered in both estate and POA litigation that those who practice in the area won't want to miss.
Tue, 06 Jun 2023 - 10min - 664 - #666 - Rectification and the Importance of Obtaining Clear Instructions when Drafting a Will
This week on Hull on Estates, and discuss Gorgi v Ihnatowych, 2023 ONSC 1803, and how an expansive approach to rectification may fit into a trend toward giving effect to well-documented testamentary intentions.
Tue, 23 May 2023 - 09min - 663 - 664 - Removing Estate Trustees: Ontario vs Saskatchewan
In today’s episode, Doreen So and Diana McBey discuss Nagy v. Graves, , and how the Saskatchewan framework for estate administrations and the removal of estate trustees differs from that of Ontario.
Tue, 25 Apr 2023 - 14min - 662 - #663 - Recent Judicial Guidance on Applying the Cy-Pres Doctrine
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the recent decision in Dors et al. v. The Public Guardian and Trustee, 2023 ONSC 1503, where the Ontario Superior Court of Justice addressed the application of the cy-pres doctrine in circumstances in which a charity ceased operations after the execution of a will. Follow us on social media:
Tue, 04 Apr 2023 - 14min - 661 - #662 – When does the First Dealings Exemption Apply?
This week on Hull on Estates, Natalia Angelini and Sydney Osmar provide a refresher on the First Dealings Exemption, including what it is, when it applies, and why its important for Estate practitioners to be able to identify the exemption. Follow us on social media:
Tue, 28 Mar 2023 - 12min - 660 - Challenging the Validity of a Will While the Testator is Still Alive.
This week on Hull on Estates, Jonathon Kappy and Margarita Grup discuss the recent decision in Palichuk v. Palichuk, where the Court of Appeal for Ontario addressed the difficulties in bringing a challenge to testamentary documents while the testator is still alive. Follow us on social media:
Tue, 14 Mar 2023 - 14min - 659 - #660 – When can an Attorney for Property be Required to Formally Pass Their Accounts?
This week on Hull on Estates, and discuss the recent decision in , and factors that a court may consider in determining whether to exercise its discretion to order an attorney for property to formally pass their accounts. Follow us on social media:
Tue, 28 Feb 2023 - 11min - 658 - #659 - Medical Assistance in Dying and Upcoming Changes
This week in Hull on Estate, and discuss the current status of Medical Assistance in Dying in Canada, its applicability in estate planning and possible upcoming changes to the law. Follow us on social media:
Tue, 14 Feb 2023 - 17min - 657 - #658 - Handwritten Alternations and Holograph Wills
This week on Hull on Estates, Stuart Clark and Aanchal Bajaj discuss the role of handwritten wills, handwritten amendments and holographic wills. Follow us on social media:
Wed, 01 Feb 2023 - 15min - 656 - #657 – When can a trustee set-off debts owing to the estate?
This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent case of and the rule in Cherry v. Boultbee, which deal with situations in which an estate trustee can set-off a debt owing to the estate by a beneficiary before making an in specie distribution. Follow us on social media: Follow us on Social Media.
Tue, 17 Jan 2023 - 11min - 655 - #656 - New Real Estate Issues to Consider in 2023 – How Will They Affect Estate Administration?
This week on Hull on Estates, Jonathon Kappy and Sara Moledina discuss three changes to the purchasing and taxation of real estate that come into force in 2023, and how they might affect Estates. Namely, the Vacant Home Tax, The Prohibition on the Purchase of Residential Property by Non-Canadian’s Act, and the Anti-Flipping Tax. Follow us on Social Media.
Tue, 10 Jan 2023 - 10min - 654 - 655 - Re Sandhu: Can My Kids Force Me To Submit For A Capacity Assessment?
This week on Hull on Estates, Nick Esterbauer and Michael Krznaric discuss the Re Sandhu, , decision and consider factors that may be considered when seeking to compel someone to submit for a capacity assessment where there is conflicting evidence on the issue of capacity. Follow us on Social Media.
Tue, 03 Jan 2023 - 12min - 653 - #654 – Case Analysis on Duhn Estate from Alberta and the Cultural Shift within Canadian Estate Courts
This week on Hull on Estates, Doreen So and Jennifer Wan discuss the Alberta Lower Court and Court of Appeal decisions on and , respectively, and consider its implications regarding the Cultural Shift within Canadian Estate Courts.
Tue, 13 Dec 2022 - 20min - 652 - #653 - The Importance of Corroboration in Succeeding in a Summary Judgment Motion.
Hull on Estates Podcast #653: This week on Hull on Estates, Jonathon Kappy and Mohena Singh revisit Moore v Sweet in the recent Ontario Court of Appeal decision of Fair v BMO Nesbitt Burns Inc., and the importance of corroboration in succeeding in a summary judgment motion.
Tue, 29 Nov 2022 - 10min - 651 - Hull on Estates #652 - Scalia v Scalia: When can an Attorney for Property sever a joint tenancy?
This week on Hull on estates, Stuart Clark and Mashal Hakimi discuss the Ontario court of appeal decision case of Scalia v Scalia 2015 ONCA 492, regarding whether a power of attorney can severe a joint tenancy. Follow us on Social Media.
Tue, 15 Nov 2022 - 12min - 650 - Hull on Estates #651 - Wolk v Wolk: Testator’s Intentions and Finding a Valid Gift
This week in Hull on Estates, Natalia Angelini and Raphael Leitz discuss the recent decision in , and the powers of the Court to find a gift valid even where it does not meet formal statutory requirements. Follow us on Social Media.
Tue, 01 Nov 2022 - 06min - 649 - #650 - O’Connor v O’Connor: a Lesson in Excluding Inheritances from Family Law Equalizations
This week in Hull on Estates, Nick Esterbauer and Darien Murray discuss the recent decision in O’Connor v O’Connor, , and the impact of issues of inheritances and joint accounts in the context of marital breakdown and equalization. Follow us on Social Media.
Tue, 18 Oct 2022 - 09min - 648 - #649 - When can a person be liable for the actions of an Estate Trustee?
In this episode of Hull On Estates, Jonathon Kappy and Mark Lahn discuss the recent decision in where an individual was found liable for the actions of an estate trustee based on her assistance in a breach of trust. Follow us on Social Media.
Tue, 04 Oct 2022 - 10min - 647 - #648 - Can the Outline of a Will be Submitted for Probate?
Can an outline of a will be submitted in an Application for Appointment of Estate Trustee with a Will? In today’s episode of Hull on Estates, Doreen So and Artur Adamin discuss a recent decision, , where the court grappled with this exact issue. Follow us on Social Media.
Tue, 20 Sep 2022 - 20min - 646 - #647 - Zombie Deeds
Zombie Deeds Can legal title to real property be transferred after the transfer is executed but before it is registered? In today's episode of Hull on Estates, Nicole Cianci and Paul Trudelle discuss the transfer of real property in these circumstances, often referred to as “zombie deeds”, and how Canadian courts are ruling on this issue. Follow us on Social Media.
Tue, 06 Sep 2022 - 07min - 645 - #646 - Huang v. Braga: A Party Under Disability Disagrees with a Settlement Approved by the Court
This week on Hull on Estates, Stuart Clark and Tsvetomira Niklin discuss the Court of Appeal's decision in , where a party under disability sought leave to appeal the Court's approval of a settlement, while the appeal was not supported by the litigation guardian in the proceedings. Follow us on Social Media.
Tue, 23 Aug 2022 - 15min - 644 - #645 – Mediation Agreements
This week on Hull on Estates Natalia Angelini and Aanchal Bajaj discuss the settlement exception to mediated agreement and enforcing agreements agreed to during mediation in . Follow us on Social Media.
Tue, 09 Aug 2022 - 08min - 643 - #644 – Revisiting Limitation Periods in Passings of Accounts
This week on Hull on Estates, Nick Esterbauer and Jennifer Wan discuss the Ontario Superior Court of Justice’s decision in the and consider possible implications regarding limitation periods applicable to passings of accounts. Follow us on Social Media. If you have any questions, contact us at or visit our website:
Tue, 26 Jul 2022 - 12min - 642 - #643 – The Passing Over of an Estate Trustee
This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss , where the court exercises its discretion to “pass over” a named estate trustee in a will.
Tue, 12 Jul 2022 - 12min - 641 - #642 – The Limitations of a Trustee’s Absolute Discretion
This week on Hull on Estates, Doreen So and Mohena Singh discuss the Court of Appeal case of , where the court explains when they can substitute a trustees’ absolute discretion in distributing funds from a discretionary trust.
Tue, 28 Jun 2022 - 13min - 640 - #641 – Are Pour-Over Clauses Valid in Ontario?
This week on Hull on Estates, Paul Trudelle and Artur Adamian discuss , a case that considers whether pour-over clauses should be valid in Ontario.
Tue, 14 Jun 2022 - 14min - 639 - #640 - “License or Life Interest?”
This week on Hull on Estates, Stuart Clark and Nicole Cianci discuss the recent Ontario Court of Appeal decision, Barsoski Estate v. Wesley, 2022 ONCA 399, which comments on the difference between a license versus a life interest and rules that there is no presumption favoring a license over a life interest when the intended beneficiary is a friend, as the prevailing approach to will interpretation requires a court to consider the surrounding circumstances and give the words placed in a will the meaning intended by the particular testator.
Tue, 31 May 2022 - 13min - 638 - #639 – Winkler v Thompson
This week on Hull on Estates, Natalia Angelini and Endrita Isaj discuss the case of and consider important issues such as when the obligation to keep accounts arises and the importance of good record-keeping when acting in a fiduciary role.
Tue, 17 May 2022 - 11min - 637 - #638 - Electronic Wills in Ontario - Still Loading…
This week on Hull on Estates, Nick Esterbauer and Tsvetomira Niklin discuss electronic wills in the context of the Quebec Court of Appeal’s decision in , and review differences in inter-provincial legislation in relation to the acceptance and/or potential for validation of digital testamentary documents.
Tue, 03 May 2022 - 09min - 636 - #637 - Entitlement to Interim Support for Common-Law Spouses
This week on Hull on Estates, Doreen So and Mohena Singh discuss , a case that considers whether a common-law spouse is entitled to interim support from the estate and the procedural implications of bringing such a motion.
Tue, 19 Apr 2022 - 15min - 635 - #636 - An Interview with Jordan Atin of eState Planner | Part 2
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag return for part 2 of their conversation with Jordan Atin, Co-founder and CEO of eState Planner. The three of them continue discussing the planning steps to consider when using eState Planner and some of the document generation options available with the program. Should you have any questions, please email us at . To learn more about eState Planner you can contact Jordan directly at .
Tue, 05 Apr 2022 - 12min - 634 - #635 – An Interview with Jordan Atin of eState Planner| Part 1
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jordan Atin, Co-founder and CEO of . In part 1 of this 2-part series, the three of them discuss the importance of data collection, the planning side, document generation, and the benefits of planning estates with eState Planner. Should you have any questions, please email us at . To learn more about eState Planner you can contact Jordan directly at .
Tue, 22 Mar 2022 - 11min - 633 - #634 - Beneficiary Designations and the Presumption of Resulting Trust
This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss with a focus on how a beneficiary designation of an RRIF is properly characterized relative to an estate, and whether the presumption of resulting trust can apply to this designation.
Tue, 08 Mar 2022 - 10min - 632 - #633 – Charities and Trusts 101
Today, Stuart Clark and Fred Tonelli discuss charities law in the wider context of trusts law, including the “three certainties” of a trust, the four defined “charitable purposes” under statute, and a 2007 Supreme Court of Canada decision about the charitable status of a youth soccer club.
Tue, 22 Feb 2022 - 13min - 631 - #632 – An Interview with Jenna Carvalho
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jenna Carvalho, founder of Guardian Estate Company. The three of them discuss the unique services that Guardian Estate Company provides in pursuit of their mission to simplify estate planning discussions and solutions.
Tue, 08 Feb 2022 - 14min - 630 - #631 – A Novel (Unsuccessful) Attempt to Declare that Real Property Vested
On today's podcast, Paul Trudelle and Endrita Isaj discuss the recent case of , where the court provides commentary on the vesting of property and under what circumstances property vests in beneficiaries under a will.
Tue, 25 Jan 2022 - 09min - 629 - #630 - Presumption of Resulting Trust and the Uncertainty Around Beneficiary Designations
This week on Hull on Estates, Natalia Angelini and Mohena Singh discuss the recent Nova Scotia case, , which comments on the presumption of resulting trust and beneficiary designations. The history of this issue is briefly explored and Natalia and Mohena comment on what this means for individuals planning their estates moving forward.
Tue, 11 Jan 2022 - 10min - 628 - #629 – Rudin-Brown et al v. Brown - Costs Decision
In today’s podcast, Doreen So and Tori Joseph discuss the costs decision in Rudin-Brown et al v. Brown, and whether this decision was fair and proportionate in light of the evidence.
Tue, 28 Dec 2021 - 11min - 627 - #627 – Commissioning an Affidavit for a non-English Speaker
This week, Jonathon Kappy and Fred Tonelli discuss the recent Teefy decision (), which included a comment from Justice Nordheimer about the proper method of commissioning an Affidavit of a deponent who does not understand the language in which it is written. Jonathon and Fred go on to further discuss how a lawyer should conduct themselves in such a situation, using the guidance of Rule 4.06 of the Rules of Civil Procedure, dealing with Affidavits.
Tue, 14 Dec 2021 - 07min - 626 - #627 – What is the Role of the Office of the Public Guardian and Trustee?
This week, Paul Trudelle and Sanaya Mistry discuss the different roles of the Office of the Public Guardian and Trustee and how they can help. For more information, please read Natalia Angelini’s .
Tue, 30 Nov 2021 - 10min - 625 - #626 – Are an Applicant’s Own Medical Records Producible in a Will Challenge?
This week, Stuart Clark and Sydney Osmar discuss , a recent decision out of the Superior Court of Justice where the Court refused to order the production of the Applicant’s medical records in the context of a Will Challenge. Listen here to learn more.
Tue, 16 Nov 2021 - 12min - 624 - #625 – The New Standard for Limitation Periods
This week on Hull on Estates, Natalia Angelini and Diana Betlej discuss , and applying the new standard for limitation periods.
Tue, 02 Nov 2021 - 08min - 623 - #624 – Worsoff and Virtual vs. In-Person Examinations
This week on Hull on Estates, Doreen So discuss and Fred Tonelli the recent decision of and its implications regarding the future of in-person litigation, in light of the legal profession’s growing comfortability with remote work, as well as the positive effects remote litigation has had for the more effective administration of justice.
Tue, 19 Oct 2021 - 12min - 622 - #623 - Unjust Enrichment and Constructive Trusts in the Commercial Context
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the decision of Ryan v Ryan, 2021 NLSC 119, in which the basic principles behind unjust enrichment were applied to impress corporate shares with a constructive trust.
Tue, 05 Oct 2021 - 10min - 621 - #622 – To Be a Trustee or Not to Be?
On today’s podcast, Paul Trudelle and Juanita Valencia discuss the issue of when a person receiving funds becomes a trustee, as analyzed in .
Tue, 21 Sep 2021 - 12min - 620 - #621 - What is a Limited Grant and When Should You Consider Using It?
On today’s podcast, Stuart Clark and Rebecca Rauws discuss the limited grant under s. 29(3) of the as a tool to consider when probate may be delayed, but there is an urgent need to deal with an estate asset. For more information, please check out Stuart’s recent blog on this topic .
Tue, 07 Sep 2021 - 13min - 619 - #620 - Can the Court Cure an Unexecuted Will?
In today’s podcast, Natalia Angelini and Arielle Di Iulio discuss the recent decision of Bishop Estate v Sheardown, which involves the Court’s discretion to validate an unexecuted Will under s.58 of British Columbia’s Wills, Estates and Succession Act, S.B.C. 2009, c. 13. For more information on this topic, you can also check out Sanaya Mistry’s recent .
Tue, 24 Aug 2021 - 11min - 618 - #619 – A Discussion on the Admissibility of Recordings
In today’s podcast, Doreen So and Sanaya Mistry discuss the recent decision in Rudin-Brown et al. v. Brown and Brown v. Rudin-Brown et al., 2021 ONSC 336, which examines the admissibility of audio recordings and how they may be used as evidence.
Tue, 10 Aug 2021 - 19min - 617 - #618 - Notwithstanding any agreement to the contrary: Can you contract out of Dependant Support Obligations?
In today’s podcast, and discuss the recent decision Virey v. Virey, 2021 ONSC 2893 which examines the Court’s broad discretion to order an award for support even in cases where the parties may have entered into an agreement to the contrary.
Tue, 27 Jul 2021 - 10min - 616 - #617 – Crossing the Threshold for a Will Challenge
This week, Paul Trudelle and Fred Tonelli discuss the decision and corresponding order in Morrish v Katona ONSC 3805, and review the threshold to challenge a will and compensation due to an examined drafting solicitor and his or her lawyer.
Tue, 13 Jul 2021 - 09min - 615 - #616 - Objectors Beware: Costs in Passings of Accounts
Stuart Clark and Nick Esterbauer discuss the costs decision in Toller James Montague Cranston (Estate of), , and review factors that may result in an elevated costs award in passings of accounts.
Tue, 29 Jun 2021 - 14min - 614 - #615 – The Role of the Medical Expert in Determining Undue Influence
On today’s podcast, Natalia Angelini and Rebecca Rauws discuss a recent article from The Canadian Journal of Psychiatry entitled “Susceptibility to Undue Influence: The Role of the Medical Expert in Estate Litigation”. The paper can be accessed online .
Tue, 15 Jun 2021 - 11min - 613 - #614 – Validity of a Handwritten Will and Appointment of an Estate Trustee in Conflict
This week on Hull on Estates, Doreen So and Arielle Di Iulio discuss the recent decision of Langrandeur Estate (Re), , where the court addresses the validity of a will containing both typewritten and handwritten instructions, and the appointment of an estate trustee in conflict with the estate’s potential beneficiaries.
Tue, 01 Jun 2021 - 18min - 612 - #613 - The Extent of an Estate Trustee’s Duty to Account
This week on Hull on Estates Jonathon Kappy and Sanaya Mistry discuss the recent decision of , which considers an Estate Trustee’s obligation to account for the assets of the Estate and those which may not form part of the Estate.
Tue, 18 May 2021 - 09min - 611 - #612 - Independent Adult Children
This week on Hull on Estates Paul Trudelle and Sydney Osmar discuss moral claims for relief under BC’s Wills, Estates and Succession Act.
Tue, 04 May 2021 - 11min - 610 - #611 - Production Orders and Drafting Solicitor’s Files
This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss the recent decision of , pertaining to production of preceding Wills and a drafting solicitor's records.
Tue, 20 Apr 2021 - 15min - 609 - #610 – Inherent Jurisdiction and Standing in Trust Litigation
This week on Hull on Estates, Natalia Angelini and Garrett Horrocks discuss the recent Ontario Court of Appeal decision in Carroll v Toronto Dominion Bank, 2021 ONCA 38, pertaining to the issue of standing in trust litigation.
Tue, 06 Apr 2021 - 11min - 608 - #609 – Will Validation Law Proposed for Ontario
This week on Hull on Estates, Doreen So and Nick Esterbauer discuss ’s proposed addition of Section 21.1 to the Succession Law Reform Act and contemplate the differences between strict compliance, substantial compliance, and will validation provisions. For more information on this and other changes proposed under the Accelerating Access to Justice Act, please see last week’s discussion featuring Jonathon Kappy and Rebecca Rauws .
Tue, 23 Mar 2021 - 12min - 607 - #608 - Bill 245: Upcoming Changes to the Succession Law Reform Act
This week on Hull on Estates, Jonathon Kappy and Rebecca Rauws discuss , and the upcoming changes to the law if the Bill is passed. Bill 245 includes, among other things, changes to the Succession Law Reform Act, the Substitute Decisions Act, 1992, and the Children’s Law Reform Act.
Tue, 09 Mar 2021 - 13min - 606 - #607 - Capacity to Instruct Counsel and the Appointment of a Litigation Guardian
This week on Hull on Estates, Paul Trudelle and Arielle Di Iulio discuss the test for capacity to instruct counsel and the appointment of litigation guardians in the recent decision of Susan Eng v. Elizabeth Eng, .
Tue, 23 Feb 2021 - 09min - 605 - #606 - The Unorthodox Expansion of Pecore
This week on Hull on Estates, Stuart Clark and Jennifer Philpott discuss the unorthodox use of Pecore v. Pecore, 2007 SCC 17, in the recent decisions PGT v. Cherneyko, 2021 ONSC 107, and Calmusky v. Calmusky, 2020 ONSC 1506.
Tue, 09 Feb 2021 - 16min - 604 - #605 - Obligations of Attorneys
This week on Hull on Estates, Natalia Angelini and Sanaya Mistry discuss the fiduciary duty and obligations of attorneys for property and the recent decision in Public Guardian and Trustee v. Cherneyko et al., .
Tue, 26 Jan 2021 - 10min - 603 - #604 - Use of Reproductive Material After Death: Written Consent Required
This week on Hull on Estates, Jonathon Kappy and Sydney Osmar discuss a recent decision arising out of the British Columbia Court of Appeal which provides a definitive answer on when reproductive material may be used posthumously for the purposes of creating an embryo.
Tue, 22 Dec 2020 - 09min - 602 - #603 - Updates to the Rules of Civil Procedure
This week on Hull on Estates, Paul Trudelle and Nick Esterbauer review upcoming changes to the Rules of Civil Procedure as set out in , effective January 1, 2021.
Tue, 08 Dec 2020 - 11min - 601 - #602 - Can You Appoint a Litigation Guardian for Unborn and Unascertained Beneficiaries?
This week on Hull on Estate, Stuart Clark and Garrett Horrocks discuss the distinction between appointing a "litigation guardian" or seeking a "representation order" when dealing with the interests of unborn and unascertained beneficiaries in estate and trust litigation.
Tue, 24 Nov 2020 - 12min - 600 - #601 - Proving Secret Trusts
This week on Hull on Estates, Natalia Angelini and Kira Domratchev discuss secret trusts and the recent decision of the British Columbia Court of Appeal in Bergler v Odenthal, 2020 BCCA 175.
Tue, 10 Nov 2020 - 13min - 599 - #600 - Keeping Your Spouse Informed: Estate Freezes
This week on Hull on Estates, Doreen So and Noah Weisberg discuss estate freezes and the importance of keeping your spouse and other family members informed in Hamm v. Hamm (Estate of), .
Tue, 27 Oct 2020 - 10min - 598 - Hull on Estates
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent decision of Robert Mandel et al. v. 1909975 Ontario Inc. et al., 2020 ONSC 5343, and review the issue of rectification in the corporate context.
Tue, 13 Oct 2020 - 14min - 597 - Hull on Estates
On today’s podcast, Rebecca Rauws and Garrett Horrocks discuss the execution of Wills in the midst of COVID-19, and how the emergency measures introduced this year may impact how Wills are executed in the future. The Globe and Mail article mentioned by Garrett and Rebecca during the podcast can be found here.
Tue, 29 Sep 2020 - 11min - 596 - Hull on Estates
This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss , 2019 BCCA 91, and the concept of “pour over clauses” more generally and whether you can leave a bequest in a Will to an already existing inter vivos trust.
Tue, 15 Sep 2020 - 10min - 595 - Hull on Estates
This week on Hull on Estates, Natalia Angelini and Arielle Di Iulio discuss the court's application of the presumption of resulting trust in ).
Tue, 25 Aug 2020 - 07min - 594 - Hull on Estates
This week on Hull on Estates, Noah Weisberg and Sydney Osmar discuss Notices of Objection, Rule 25.11, and the court’s decision in .
Tue, 04 Aug 2020 - 07min - 593 - Hull on Estates
In today’s podcast, Paul Trudelle and Garrett Horrocks discuss the court’s decision in , which deals with the application of principles from Pecore v Pecore to designated assets,
Tue, 21 Jul 2020 - 11min - 592 - Hull on Estates
This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss a finding of support for an adult dependant child in .
Tue, 07 Jul 2020 - 14min - 591 - Hull on Estates
This week on Hull on Estates, Natalia Angelini and Doreen So discuss the estate administration issues surrounding the disposition of the body, where there is no will, in ) and .
Tue, 23 Jun 2020 - 10min - 590 - Hull on Estates
This week on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss continued accounting obligations during the COVID-19 pandemic and procedural considerations relating to fresh and pre-existing applications to pass accounts.
Tue, 09 Jun 2020 - 08min - 589 - Hull on Estates
In today’s podcast, Paul Trudelle and Kira Domratchev discuss the British Columbia Supreme Court’s decision in , and the factors considered by the Court in holding that the document found on the deceased’s computer was a Will in accordance with the curative provisions of the relevant legislation.
Tue, 03 Mar 2020 - 10min - 588 - Hull on Estates
In today’s podcast, Stuart Clark and Doreen So discuss the Ontario Court of Appeal’s decision in Donaldson v. Braybrook, , and what to consider when the ownership of a family cottage was changed to include the children.
Tue, 25 Feb 2020 - 12min - 587 - Hull on Estates
In today’s podcast, Natalia Angelini and Sydney Osmar discuss the OBA’s Institute Elder Law program recently chaired by Natalia and Kimberly Whaley Whaley. Natalia and Sydney delve into the debated issue of whether or not beneficiary designations are testamentary. Tune in to learn how the crowd voted. Please note that, as a result of technical difficulties, the introduction of this podcast has been cut off. Sorry for the inconvenience.
Tue, 11 Feb 2020 - 09min
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