Hull on Estates

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the Law Commission of Ontario’s interim report on Legal Capacity, Decision-Making and Guardianship. A copy of the report is available here: http://bit.ly/1PthwTI

This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss the new Rule 75.2 of the Rules of Civil Procedure. Rule 75.2 provides the Court with the authority to order a mediation in certain estate litigation matters even when mandatory mediation under Rule 75.1 does not apply, and came into force on January 1, 2016.

This week on Hull on Estates, Paul Trudelle and Lisa Haseley discuss irrevocable gifts and the recent Ontario Court of Appeal decision of Abdollahpour v. Banifatemi - http://bit.ly/1Pf9yOa

Today on Hull on Estates, Paul Trudelle and Doreen So discuss a selection of the Top Estate, Trust and Capacity Cases of 2015: A Year in Review

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the development of fiduciary relationships and the recent Ontario Superior Court of Justice decision of McKay Estate v. McKay. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog. Click here for more information on Jonathon Kappy. Click here for more information on Nick E...

This week on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the recent Ontario Superior Court of Justice decision of Keller v. Wilson, 2015 ONSC 6962, pertaining to applications for directions by Attorneys and passing of Attorney accounts pursuant to the Substitute Decisions Act.

This week on Hull on Estates, Natalia Angelini and Lisa Haseley discuss drafting and litigating no-contest clauses in Wills.

This week on Hull on Estate Jonathon Kappy and Lisa Haseley discuss the differences and implications of proving a will in common form and solemn form. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

This week on Hull on Estates David Morgan Smith and Doreen So discuss the Law Commission of Ontario’s Final Report on Simplified Procedures for Small Estates, which is also available online at http://www.lco-cdo.org/en/small-estates-final-report.

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss security bonds within the context of estate administration and guardianship of property, as well as certain situations in which security is typically required and applicants may request to dispense with the requirement to provide security

This week on Hull on Estate Jonathan Kappy and Lisa Haseley discuss Jenny Pho, Dale & Lessmann LLP’s paper Illiquid Estates and Other Solvency Issues presented at Probate Essentials 2015, pertaining to issues faced by an Estate Trustee when administering an illiquid or insolvent estate. Click here for more information on Jonathan Kappy.

This week on Hull on Estates Noah Weisberg and Natalia Angelini discuss P. Ann Lalonde’s contribution to the Key Developments in Estates and Trusts Law in Ontario (chapter 12), pertaining to variations of trusts and the steps and considerations involved in proceeding.

This week on Hull on Estates, Paul Trudelle and Doreen So discuss purchase money resulting trusts and the Supreme Court of Canada Rascal decision.

This week on Hull on Estates, David Smith and Nick Esterbauer discuss avenues of support for common law spouses, including claims for survivor’s pensions and the related legislation and case law in Ontario.

This week on Hull on Estates, Paul Trudelle and Josh Eisen discuss a private member’s bill that was recently voted down. Before its demise, Bill 120 had proposed a number of interesting changes to probate fees in Ontario, including a maximum fee and deductions for charitable bequests.

This week on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent British Columbia Court of Appeal decision in Bentley v. Maplewood Seniors Care Society, which amongst other things, stresses the importance that persons who wish to make provision for their care and decision-making in their declining years to obtain legal advice.

This week on Hull on Estates, Natalia Angelini and Doreen So discuss the story of Maria Mitousis, workplace safety for lawyers and special safety planning considerations for clients during mediations and throughout litigation.

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss artwork and the special considerations that should not be overlooked when it comes to estate planning or administration involving this unique investment asset.

This week on Hull on Estates, David Smith and Josh Eisen discuss an innovative way to protect a testator from undue influence, proposed by author John E. S. Poyser in his new book, Capacity and Undue Influence. Should you have any questions please email us at webmaster@hullandhull.com or leave a comment. Click here for more information on David Smith. Click here for more information on Josh Eisen.

This week on Hull on Estates, Jonathon Kappy and Doreen So discuss a Court of Appeal case related to bankruptcy and its overlapping concepts related to estate planning. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog. Click here for more information on Jonathon Kappy. Click here for more information on Doreen So.

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss a recent paper by Wendy Griesdorf, which highlights the differences between delirium and dementia, and the relevance of this distinction within the context of estate and guardianship proceedings. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog. Click here for more...

Today on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss the Ontario Superior Court of Justice’s recent decision in Nguyen v Pham, 2015 ONSC 4548, where the two litigants sought orders removing each other as the estate trustee of the deceased’s estate. You can read more about this decision in David Freedman’s recent blog post.

Today on Hull on Estates, Noah Weisberg and David Morgan Smith discuss the recent English Court of Appeal decision of Ilott and Mitson which considers both estrangement and testamentary wishes in the context of dependant support and its application under Part V of the (Ontario) Succession Law Reform Act.

Today on Hull on Estates, Moira Visoiu and Doreen So discuss estate law issues that may arise through the use of artificial reproductive technologies and Ian Hull’s paper, “Fertility Law in the Context of Estates. Congratulations again to Sara Cohen for being recognized as one of the Top 25 Most Influential by Canadian Lawyer in respect of her work in Canadian fertility law.

Today on Hull on Estates, Paul Trudelle and Josh Eisen look at the concept of the lucid interval in the context of testamentary capacity and examine recent research that raises some doubts about whether a person can temporarily regain capacity after he/she has been impaired. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog.