Hull on Estates

During Hull on Estates Episode #27, we continued our discussion on the compensation of an estate trustee, including the pre-taking of compensation and the exclusion in Section 61 of the Trustee Act regarding fixing compensation in the instrument creating the trust.

During Hull on Estates Episode #26, we discussed the compensation of an estate trustee.

During episode #25 of Hull on Estates, we discussed the expansion of social media and its effect on business development. We also discussed the principal concepts found in Chris Anderson's book, www.thelongtail.com. We have blogged extensively about this innovative book, so if you would like more information, please visit our blogpage at www.hullandhull.com/podcast.

In Episode #24, we discussed the issue of disclosure of information by trustees to beneficiaries. We referred to the cases of O'Rourke v. Derbyshire, [1920] A.C. 581 (H.L.); Re Ballard Estate (1994), 20 O.R. (3d) 350 (O.C.G.D.); Fox v. Fox Estate (1996), 10 E.T.R. (2d) 229 (Ont. C.A.); and an article by David Steele, "Beneficiary's Right to Know", 4th Annual Estates and Trusts Forum, LSUC.

During Hull on Estates podcast #23, we discussed the tips for and the pitfalls of bringing motions for summary judgement in estate litigation.

During Episode #22 of Hull on Estates, we discussed summary judgment in general and in the context of estate litigation. More specifically, we looked at the cases of Straus v. Bainbridge (1999), 38 E.T.R. (2d) 110 (Ont. Gen. Div.); affirmed 38 E.T.R. (2d) 119 (Ont. C.A.), Ostreich v. Brunnhuber (2001), 38 E.T.R. (2d) 82, Knox v. Trudeau (2001), 38 E.T.R. (2d) 67 and the Ettorre Estate, Re (2004),...

During Hull on Estates Episode #21, we discussed the conditions which can lead to a Will challenge and the steps of the Estate litigation process.

During Hull on Estates Episode 20, we discussed costs awards and estate litigation. We also analyzed the case of Ali v. Fruci, [2006] O.J. No. 1093 (S.C.J.); [2006] O.J. No. 1425 (S.C.J.) and the case of Andersen v. St. Jude Medical, Inc. [2006] O.J. No. 508 (Div. Ct.).

During Hull on Estates Episode 19, we reviewed three themes which have an impact on the decision of costs in the estate: 1) An appropriate level of investigation 2) Protection of sanctity of the process 3) Testator conduct Capacity litigation and the passing of accounts were also reviewed and the case of Ali v. Fruci ([2006] O.J. No. 1093) was introduced.

In Hull on Estates Episode #18, we discussed security for costs in the area of estate litigation, focusing on the role of contingency fees.

During Hull on Estates Episode #17, we discussed the question of costs in Estate Litigation, the British experience regarding costs and the case of Carapeto v. Good, [2002] WTLR 1305, [2002] EWHC 640 (Ch.)

During Hull on Estates Podcast #16, we discussed the case of Harrison v. Fallis, a recent decision of Madam Justice Eberhard dated June 12, 2006.

In Hull on Estates Episode 15, we added some commentary to our last podcast on the Leskun v. Leskun decision, and then examined the recent Alberta Queen's Bench decision in Popke v. Bolt, [2005] A.J. No. 999; Serdahaley Estate (Re), [2005] A.J. No. 16201.

During Hull on Estates Episode #14, we discussed the recent Supreme Court of Canada's decision in Leskun vs. Leskun dealing with spousal support and considered how it might affect the Estates bar.

In Hull on Estates Episode #13, we discussed costs in Estate litigation.

In Hull on Estates Episode 12, we continued with our discussion of Scott v. Cousins and, in particular, the court's analysis of the Burden of Proof and Undue Influence.

During this episode of Hull on Estates, we talked about the case of Scott v. Cousins (2001), 37 E.T.R. (2d) 113 (Ont. S.C.J.). In particular, we discussed: (i) the admissibility of hearsay statements; (ii) the role of medical evidence regarding capacity; and (iii) the issue and use of retrospective capacity assessments.

Show Notes: In Podcast #10 we finished off knowledge and approval, talked about mistakes in that context, and reviewed undue influence.

During this pod cast on knowledge and approval and mistake, we discussed the following: (i) the general concept of "knowledge and approval" and what amounts to such; (ii) the case of Hastilow v. Stobie; (iii) how to ordinarily establish "knowledge and approval", and what might be needed in special circumstances; (iv) the cases of Crerar v. Crerar, Re Phelan and Fulton v. Andrew; and (v) words appe...

Show Notes: 1. The general concept of "suspicious circumstances" and what amounts to such circumstances 2. The onus of proof on a propounder of a will and an alleger of undue influence 3. The meaning of the phrases "the true will of the deceased" and the "righteousness of the transaction" 4. The rule in Barry v. Butlin 5. The Supreme Court of Canada's decision in Vout v. Hay

During this pod cast on testamentary capacity, we discussed the following: (i) the requirement of a "disposing memory"; (ii) age-related "incapacities"; (iii) the Re Bohrmann and Fulton v. Andrew decisions; and (iv) the practicalities of determining testamentary capacity.

Episode 6 - Testamentary Capacityage restrictions to keep in mind when drafting a willrequisite mental capacitythe issue of insane delusions

Episode 5 - More on drafting willsconstructive trusts;specific devises and bequests;life insurance;the description of beneficiaries;trusts/life interests;the selection and powers of trustees, including the power to encroach; andademption.

Episode 4 - Legal issues when drafting a willthe international willrevocation by marriagelapseabatement the rule in Saunders v. Vautier

Episode 3 - Will drafting issuesundue influencesuspicious circumstances due executioninternational wills