Hull on Estates

In today's podcast, Paul Trudelle and Rebecca Rauws discuss the recent decision of Eissmann v Kuntz, 2018 ONSC 3650 and the distribution of an estate in light of a number of potential Wills. 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 Paul Trudelle. Click here for more information on Rebecca Rauws.

In today's podcast, Natalia Angelini and Kira Domratchev discuss the Ontario Court of Appeal decision of Dujardin v Dujardin, 2018 ONCA 597, and the admissibility of an expert's evidence with respect to the deceased's capacity. 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 Natalia Angelini. Click here...

In today's podcast, Stuart Clark and Sayuri Kagami discuss the issue of whether damages can be claimed on a passing of an attorney for property's accounts in light of the fact that section 49(3) of the Estates Act, RSO 1990, c E21 only refers to the ability of a Judge to award damages against an executor, administrator, or trustee, not an attorney for property, in such proceedings. To read about t...

In today's podcast, Noah Weisberg and Garrett Horrocks discuss whether the Banks v Goodfellow test for testamentary capacity is in need of an update given current trends in medical science and in the increased complexity of asset holdings.

In today's podcast, Jonathon Kappy and Kira Domratchev discuss the British Columbia Court of Appeal decision of Killam v Killam (2018) BCCA 64, and the "four corners" approach versus the "armchair" approach in interpreting the testator's intention.

This week on Hull on Estates, Paul Trudelle and Doreen So discuss the test for mutual wills in the decision of Rammage v. Estate of Roussel.

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss attorneyship planning options and the importance of full consideration of what may seem like basic options in protecting the interests of clients during periods of mental incapacity.

In today's podcast, Ian Hull and Rebecca Rauws discuss the availability of summary judgments, and their use in estate litigation, in the context of the recent Ontario Court of Appeal decision in Aird & Berlis LLP v Oravital Inc., 2018 ONCA 164.

Today on Hull and Estates, Stuart Clark and Umair Abdul Qadir discuss the recent decision in Cohen v Cohen, 2018 ONSC 1613, in which the Honourable Justice Maranger discussed the Ontario Superior Court of Justice's jurisdiction to consolidate applications for equalization commenced pursuant to the Family Law Act with applications for dependant's relief under Part V of the Succession Law Reform Act...

In today's podcast, Noah Weisberg and Sayuri Kagami discuss the Alberta decision of Re Morrison Estate, 2015 ABQB 769, and the issue of who is responsible for the often hefty taxes payable on registered accounts of a deceased person: the beneficiary of the account or the deceased's Estate.

In today's podcast, Jonathon Kappy and Garrett Horrocks discuss the Ontario Court of Appeal's decision in Harvey v Talon International Inc., a case that clarified the importance of proper pleadings in real property claims.

Today on Hull on Estates, Paul Trudelle and Kira Domratchev discuss the decision of the Ontario Court of Appeal in Levesque v Crampton Estate, 2017 ONCA 455, which dealt with the question of whether a crossclaim against the Estate of Father Dale Crampton was time-barred by s. 38 (3) of the Trustee Act.

In today's podcast, Natalia Angelini and Doreen So discuss the case of MacDonald v. Estate of James Pouliout, 2017 ONSC 3629, which was an interesting decision on constructive trusts, the limitation period applicable to dependants relief, and vesting pursuant to section 9 of Estate Administration Act. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on...

This week on Hull on Estates, Stuart Clark and Nick Esterbauer discuss the basics of the rule in Saunders v. Vautier and its expansive role in estate and trust proceedings 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 Stuart Clark. Click here for more information on Nick Esterbauer.

Today on Hull on Estates, Noah Weisberg and Rebecca Rauws discuss the recent decision of the Supreme Court of Canada in Cowper-Smith v Morgan , 2017 SCC 61, and the expanded scope of the doctrine of proprietary estoppel

In today's podcast, Jonathon Kappy and Umair Abdul Qadir discuss the Honourable Justice McEwen's recent decision in Calderon Estate v Prince, 2017 ONSC 6584, on the issues of standing of a non-party and the application of the two-year limitation period under the Trustee Act. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

In today's podcast, Paul Trudelle and Sayuri Kagami discuss the court's reasons for finding that the presumption of revocation had been rebutted in Levitz v Hillel Lodge Long Term Care Foundation, 2017 ONSC 6253 where an original will was lost. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

In today's podcast, Natalia and Garrett discuss the court's reasons for declining to order a formal passing of accounts in the McLoughlin Estate decision

Today on Hull on Estates, Jonathon Kappy and Doreen So discuss the issue of gifts that are made by way of a cheque in the context of the Court of Appeal's decision in Teixeira v. Markgraf Estate

Today on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the use of discretionary trusts in the context of the payment of child support as raised in the decision of Borges v. Santos

This week on Hull on Estates, Ian M. Hull and Stuart Clark discusses the recent case of Stajduhar v. Wolfe, 2017 ONSC 4954, and whether two individuals need to live together to be considered spouses within the confines of Part V of the Succession Law Reform Act.

Today on Hull on Estates, Natalia Angelini and Rebecca Rauws discuss the decision in Sun Life v Nelson Estate, 2017 ONCA 4987, and beneficiary designations for insurance policies.

In this week's episode Paul Trudelle and Jonathon Kappy discuss a possible culture shift in the courts of probate, and the minimal evidentiary threshold required to proceed with a will challenge as articulated in Seepa v. Seepa, 2017 ONSC 5368. You can read more about this decision on our blog here.

Today on Hull on Estates, Jonathon Kappy and Umair Abdul Qadir discuss vacant possession of real property belonging to an estate and the recent decision in Filippelli Estate v Filippelli, 2017 ONSC 4923. You can read more about this decision on our blog here. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Today on Hull on Estates, Ian Hull and Noah Weisberg discuss quantum meruit claims and the decision in Tarantino v. Galvano