Hull on Estates

This week on Hull on Estates and Succession Planning, Craig and Rick discuss upcoming Continuing Legal Education (CLE) programs over the next few months. Specifically, they discuss the upcoming annual Estates and Trusts Summit on November 17 – 18, 2010.

This week on Hull on Estates, Paul Trudelle and Sharon Davis discuss two articles that discuss service via social media. The two articles they discuss are: · “Cyber-Service 'A New Frontier'” by Michael McKiernan. This article can be found in the October 25 edition of the Law Times. · “At Your Substituted Electronic Service” by Justice Cheryl Robertson and Alison McEwen. If you have any comments, s...

This week on Hull on Estates, David Smith and Julia Evans discuss avoiding negligence claims in a Wills file, an issue that is top of mind for lawyers who draft Wills. Specifically, they chat about the landscape in this area and some things that may create problems.

This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss the recent quarterly Hull & Hull breakfast seminar. The topics discussed at the seminar include: • Family matters and their relation to estates, specifically separations and divorce. • The effect of handwritten changes on wills. • Suicide notes and the effect they may have on the distribution on an estate

Today on Hull on Estates, Kathryn Pilikington and Craig Vander Zee discuss recent cases dealing with trust law. They also discuss the Trust, Trustees and Trusteeships conference on October 1, 2010 put on by the Ontario Bar Association. Specifically, they discuss the topics that were presented at the conference. These topics are: The Drafting of Trusts Hilary E. Laidlaw, McCarthy Tétrault LLP (auth...

This week on Hull on Estates, David M. Smith and Rick Bickhram discuss a recent decision out of the Superior Court of Justice, as well a high-level overview of the proceedings in passing of accounts.

This week on Hull on Estates, Rick Bickhram and David Smith discuss forensic document examination and how it applies to the rules of evidence.

This week on Hull on Estates, Sharon Davis and Natalia Angelini discuss a recent requirement put into place by The Law Society of Upper Canada. On January 1, 2011 lawyers and paralegals will be required to put in 12 hours of continuing professionalism each year. Specifically, there will be three hours delegated to topics relating to ethics, professionalism and practice management.

This week on Hull on Estates, David and Nadia discuss issues that arise surrounding the designation of beneficiaries under the Insurance Act and how they interact with provisions in testamentary documents. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates, Kathryn Pilkington and Paul Trudelle discuss an article written by Clare Burns, with assistance from Anastasija Sumakova, entitled "Mission Impossible: Estate Planning and Assisted Human Reproduction", and the numerous estate planning issues that arise from assisted human reproduction.

This week on Hull on Estates, Suzana Popovic-Montag and Ian Hull discuss how estates are distributed and what the priorities in estate distribution are. If you have any comments, send us an email at hull.laywers@gmail or leave a comment on our blog.

This week on Hull on Estates Paul Trudelle and Rick Bickhram discuss the case of Morgan (Estate) v. Morgan out of the British Columbia Court of Appeal. The issues examined are timing, fulfillment of conditions under court orders and how this case is relevant to others in similar situations.

This week on Hull on Estates, David Smith and Rick Bickhram discuss rules 40 through 45 of the rules of Civil Procedures, which deal with the preservation of rights in pending litigation and the nature of these remedies in the estates context. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates Chris Graham and Natalia Angelini discuss how to pursue recovery when one thinks that a trustee or fiduciary has absconded with funds. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates, Craig Vander Zee and Nadia Harasymowycz discuss orders giving directions in the context of a will challenge. A will challenge offers an opportunity at the beginning of a case to assemble the evidence and consider how it will be dealt with going forward. Things to consider include: · Is mediation required? · What evidence is known? · What evidence needs to be obtained?...

This week on Hull on Estates, Natalia Angelini and Rick Bickhram discuss the Intensive Wills and Estates Workshop that recently took place at Osgoode Hall Law School. The three day workshop covered an array of will and estates matters, including questions asked during an initial meeting to gather necessary information to start preparing a will. If you have any comments, send us an email at hull.la...

This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss Observations Pertaining to Estates and Trusts Law.

This week on Hull on Estates Craig Vander Zee and Chris Graham change the pace by recapping the OBA Trust and Estates Section, year end dinner that on June 1, 2010. Held in the distillery district, the evening was a tribute to those who had won awards and an opportunity to pay tribute to the Honourable Justice Cullity. If you have any comments, send us an email at hull.laywers@gmail.com or leave a...

This week on Hull on Estates Paul Trudelle and Nadia Harasymowycz discuss a recent decision out of the Ontario Superior Court of Justice and the Honourable Justice Newbould. This decision deals with the issues of powers of attorney and the role of a solicitor in drafting the power of attorney and the obligations and duties that the solicitor may have due to others. If you have any comments, send u...

This week on Hull on Estates, Natalia Angelini and Kathryn Pilkington discuss the fairly controversial subject of assisted suicide and how it affects us from an estate standpoint. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates, Chris Graham and David Smith revisit the decision of the Supreme Court of Canada and Pecore. This case considered the approach taken by Pecore. The following issues are examined: Applying the presumption of resulting trusts to various fact scenarios. Evidence required to rebut the presumption for different classes of asset. Types of corroboration permissible under the...

This week on Hull on Estate Rick Bickhram and Nadia M. Harasymowycz discuss proprietary estoppel, what it is and the three specific elements that are necessary to establish proprietary estoppel. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates, Sharon Davis and Craig Vander Zee discuss two rules which arise when a trustee mixes trust funds with personal assets and when a trustee mixes assets from one trust with one or more trusts. These rules are called the rule in Re Hallets’s Estate and the rule in Clayton’s Case. As discussed in the podcast, more information on these rules can be found in “The law of trus...

This week on Hull on Estates Paul Trudelle and Natalia Angelini discuss their attendance at the Dinner with the Honorable Estates List Judges hosted by the OBA on Tuesday, April 20, 2010. If you have any comments, please email us at hull.lawyers@gmail.com or leave us a comment on our blog.

This week on Hull on Estates, Nadia Harasymowycz and Paul Trudelle discuss bequests to minors and how a state trustee can deal with any issues that may arise. If you have any comments, email us at hull.lawyers@gmail.com or leave us a comment on our blog.