Hull on Estates

This week on Hull on Estates Rick Bickhram and Paul Trudelle discuss the amendments to the rules of civil procedure that have be set out by the government and come into effect on January 1, 2010. The purpose of these amendments is to provide the civil justice system with a means of being more affordable and accessible. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment o...

This week on Hull on Estates, Craig Vander Zee and Bianca La Neve discuss protection for a trustee against personal liability. There are variety of ways that protection is afforded to a trustee against liability, such as exculpatory clauses in trust documents, various provisions of the Trustee Act, passing of accounts, and releases by beneficiaries and/or third parties. Feel free to send us an ema...

This week on Hull on Estates Ian Hull and Suzana Popovic-Montag discuss insolvency issues and banking issues when dealing with estates now that we are in a more uncertain economy. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

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This week on Hull on Estates David Smith and Sarah Hyndman Fitzpatrick talk about estate planning in uncertain economic times. They discuss how the current economic situation has impacted estate planning and litigation and new tools (such as the "Tax Free Savings Account") to consider in creating your estate plan. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the...

This week on Hull and Estates Jonathan Morse and Christopher Graham discuss the topic of guardianship and particularly the compensation that would be paid to the guardians of property. They look at legislation, case law and practice notes for guardians and practitioners to keep in mind. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog

This week on Hull on Estates Natalia Angelini and Craig Vander Zee discuss the frivoulous will challenge from the perspective of how you might short-circuit it. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

This week on Hull on Estates Ian Hull and Suzana Popovic-Montag look at the decision of Frye vs. Frye, a case that was released in September 2008. It is an important case from a litigation standpoint as well as a state planning standpoint. Their discussion deals with the analysis of what will happen to the family business. Feel free to send us an email at hull.laywers@gmail.com or leave us a comme...

This week on Hull and Estates, David Smith and Rick Bickhram, discuss the case of Warren and Gilbert from the Dec. 26th issue of Ontario Reports. This case is interesting because it touches on procedural and substantive issue relevant to both estates practitioners and family law practitioners. /* Font Definitions */ @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4; ms...

This week on Hull and Estates, Paul Trudelle and Diane Viera, discuss procedural decisions that came out of the Ontario Superior Court of Justice and in particular a few decisions from the honourable Mr. Justice Brown of the estates list in Toronto. /* Font Definitions */ @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:0; mso-generic-font-family:roman; mso-fo...

This week on Hull and Estates, Christopher Graham and Bianca La Never review the formal requirements to make a valid Will in Ontario and the consequences of failing to adhere to the formal requirement. The relatively recent English decision of Esterhuizen v. Allied Dubar Plc [1998] 2 FLR 668 is discussed. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on...

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This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag talk about how to manage an estate dispute as opposed to preventing it. They use an example of a joint account shared between 'Mom' and 'daughter' to examine the best way to approach posthumous problems and misunderstandings. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

This week on Hull on Estates, Rodney Hull and Jonathan Morse discuss the case of Rose v. Rose [24ETR(3D)217 or 81OR(3D)349]. The case is valuable and instructive as it raises questions about rectification, rescission and removal of the trustees. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss innovative techniques that add value to doing a will and powers of attorney. Specifically, they discuss the concept of ethical wills and how they are different from a traditional will. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

This week on Hull on Estates, Craig Vander Zee and Bianca La Neve talk about offers to settle in the context of a will challenge. The explain the difference between a will challenge and civil litigation and discuss serveral examples of will challenge cases. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

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This week on Hull on Estates, David Smith and Natalia Angelini talk about estate issues that arise immediately upon death. Duties include locating the will, making funeral arrangements and being responsible to see the intentions of the testator preserved. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss a recent consultation paper from the Law Commission of Ontario(LCO) titled: The Law as it Affects Older Adults. The LCO has initiated a project to develop a legal frameworkfor the law as it affects older persons and will be essential in addressing the needs and experiences of this group. Feel free to send us an email at hull....

This week on Hull on Estates, Rick Bickhram and David M. Smith discuss the complications that can arise when an incapable person is both the subject of a guardianship order and the beneficiary of a testamentary trust. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss testamentary capacity issues as they arise in estate matters. Wills require the highest level of capacity and testators need to demonstrate that they are of a sound and disposing mind. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estate...

This week on Hull on Estates, Christopher Graham and Paul Trudelle discuss the recent decision in the case of Piszczek v. Zurawska that demonstrates the application of a resulting trust of joint accounts. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

This week on Hull on Estates, David Smith and Jonathan Morse review some of the recent podcasts and hone in on some of the evidentiary requirements of a common-law spousal relationship as it relates to dependant support claims under the Succession Law Reform Act. They look at some recent case law and some of the requirements under the Ontario statute. Comments? Send us an email at hull.lawyers@gma...

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss fiduciary accounting. Who is a fiduciary and what is a fiduciary's duty to account? They cite several cases that illustrate fiduciary accounting rules: Re Taerk, [1975] O.R. 482 (C.A.).Re Silver Estate, (1999) 31 E.T.R. (2nd) 256.Roger Estate v. Leung, [2001] O.J. No. 2171.Fair v. Campbell Estate, 2002 3 E.T.R. 3rd 67, Langdo...

Natalia Angelini and Chris Graham discuss attorneyship issues - specifically solicitor's liability with respect to powers of attorney and an attorney's duty to account. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.