Hull on Estates

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

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)

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:  

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: 

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)

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:  

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

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:  

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  

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

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.

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. 

  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.

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.

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.

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.

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.

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.

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.

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.

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

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. 

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.

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.

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:

  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:

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:

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:

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:

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:

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.

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.

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.

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.

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.

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.  

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.

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.

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.

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.

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.

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.

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.

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:

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.

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. 

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.

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.

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.

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.

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. 

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 .

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 .

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. 

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.  

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.

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.

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.

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.

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.

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 .   

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.

This week on Hull on Estates, Natalia Angelini and Diana Betlej discuss , and applying the new standard for limitation periods.

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.

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.

On today’s podcast, Paul Trudelle and Juanita Valencia discuss the issue of when a person receiving funds becomes a trustee, as analyzed in .  

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 .

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 .

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.

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.  

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.

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.

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 .

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.

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.

This week on Hull on Estates Paul Trudelle and Sydney Osmar discuss moral claims for relief under BC’s Wills, Estates and Succession Act.

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.

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.

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 .

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.

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, .

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.

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., .

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.

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.

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.

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.  

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), . 

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.  

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.

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.

This week on Hull on Estates, Natalia Angelini and Arielle Di Iulio discuss the court's application of the presumption of resulting trust in ).

This week on Hull on Estates, Noah Weisberg and Sydney Osmar discuss Notices of Objection, Rule 25.11, and the court’s decision in .

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,

This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss a finding of support for an adult dependant child in .

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 .

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.

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.

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.