Hull on Estates

This week in Hull on Estates, Natalia Angelini and Raphael Leitz discuss the recent decision in Wolk v. Wolk 2021 BCSC 1881, 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. LinkedIn Facebook Twitter Instagram

This week in Hull on Estates, Nick Esterbauer and Darien Murray discuss the recent decision in O'Connor v O'Connor, 2022 ONSC 3482, and the impact of issues of inheritances and joint accounts in the context of marital breakdown and equalization. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

In this episode of Hull On Estates, Jonathon Kappy and Mark Lahn discuss the recent decision in Humphreys-Saude v Pavao 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. LinkedIn Facebook Twitter Instagram

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, Re Estate of Diane Frances Pearce, where the court grappled with this exact issue. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

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. LinkedIn Facebook Twitter Instag...

This week on Hull on Estates, Stuart Clark and Tsvetomira Niklin discuss the Court of Appeal's decision in Huang v. Braga, 2020 ONCA 645 , 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. LinkedIn Facebook Twitter Instagram

This week on Hull on Estates Natalia Angelini and Aanchal Bajaj discuss the settlement exception to mediated agreement Association de médiation familiale du Québec v. Bouvier and enforcing agreements agreed to during mediation in Campbell v Gautreau et al, 2022 ONSC 3416. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Nick Esterbauer and Jennifer Wan discuss the Ontario Superior Court of Justice's decision in the Estate of Celeste Dos Santos, 2022 ONSC 3824 and consider possible implications regarding limitation periods applicable to passings of accounts. Follow us on Social Media. LinkedIn Facebook Twitter Instagram If you have any questions, contact us at info@hullandhull.com or...

This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss Ford v Mazman Estate, 2019 ONSC 542, 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 Walters v Walters, 2022 ONCA 38, 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 Vilenski v. Weinrib-Wolfman, 2022 ONSC 2116, 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 interpretatio...

This week on Hull on Estates, Natalia Angelini and Endrita Isaj discuss the case of Winkler v Thompson 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 Damary c Bitton, 2022 QCCA 349, 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 Nanchin v Peller, 2022 ONSC 1760, 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 info@hullandhull.com....

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jordan Atin, Co-founder and CEO of eState Planner. 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 info@hullandhull.com. To lea...

This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss Mak (Estate) v. Mak, 2021 ONSC 4415 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 Smith v Smith, 2022 ONSC 63, 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, Estate of Fitzgerald v Fitzgerald, 2021 NSSC, 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 (Teefy Developments (Bathurst Glen) Limited v. Sun, 2021 ONCA 870 (CanLII)), 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 condu...

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 blog.