Hull on Estates

This week on Hull on Estates, David Smith and Laura Betts discuss a recent decision of the Queen's Bench of Alberta, Matras Estate, 2016 ABQB 728

This week, in the 500th episode of Hull on Estates, Paul Trudelle and Nick Esterbauer discuss the recent Court of Appeal decision of Granger v Granger and the law of unjust enrichment.

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the top 5 blogs of 2016. Please find the links below: Are Embryos Entitled To An Inheritance? Is Discrimination A Restriction On Testamentary Freedom? Inter Vivos Transfers, Undue Influence and Independent Legal Advice Who Has The Authority To Make Funeral And Burial Arrangements Intestacy? Assisted Dying - Only The Beginning?

Today on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss Lewicki Estate v Nytschyk Estate, 2016 ONSC 7459, a recent Ontario Superior Court of Justice decision in which the Court considered the enforceability of a settlement between a dependant and an Estate where the dependant died before the settlement was finalized. For more about the decision, please read Suzana Popovic-Montag's...

Today on Hull on Estates, David M. Smith and Stuart Clark discuss limitation periods and Applications to Pass Accounts, and whether there could be a scenario whereby certain objections raised within an Application to Pass Accounts could be statute barred as a result of the expiry of any limitation period.

This week of Hull on Estates, Jonathon Kappy and Doreen So discuss Jordan Atin's paper on Avoiding Errors in Estate Litigation.

This week on Hull on Estates, Ian Hull and Lisa Haseley discuss the Mutual Wills Doctrine. Link to Paul Trudelle's paper: Mutual Wills A Review http://bit.ly/2fs2l5P

This week on Hull on Estates, Natalia Angelini and Laura Betts discuss a recent decision of the Queen's Bench of Alberta, Re Johnson Estate, 2016 ABQB 616 (http://bit.ly/2fDNwNX)

This week on Hull on Estates, Paul Trudelle & Noah Weisberg discuss the role and responsibilities of a trustee de son tort and what must they consider in exercising their duties and obligations.

This week on Hull on Estates, David Smith and Doreen So discuss legal reform in family and estates law and the contributions of our senior counsel, Roy McMurtry.

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent decision of the Manitoba Court of Queen's Bench in Garwood v. Garwood Estate, 2016 MBQB 113, 19 E.T.R. (4th) 55, which raises issues of knowledge and approval, suspicious circumstances, and shifting evidentiary presumptions within the context of a will challenge.

This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss the recent decision of Lavoie v. Trudel, 2016 ONSC 4141 (http://bit.ly/2dAwIpI), costs reported at 2016 ONSC 4769, and the circumstance in which the court ordered all parties to bear their own costs in a will challenge notwithstanding that the challenge was not successful.

This week on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss limitation periods for dependant's support claims, seeking leave to extend the limitation period under the Succession Law Reform Act and the recent Ontario Superior Court Justice decision in Weigand v Weigand Estate, 2016 ONSC 6201 (http://bit.ly/2dBTomV). "

This week on Hull on Estates, David Morgan Smith and Lisa Haseley discuss equalization claims and the court's discretion to award an unequal division of the net family property. Chechui v. Nieman, 2016 ONSC 1905, 2016 CarswellOnt 7547 (http://bit.ly/2cUY8bk)

This week on Hull on Estates, Jonathan Kappy and Laura Betts discuss a recent decision of the Supreme Court of British Columbia, Eastman v Eastman Estate 2016 BCSC 1728 (http://bit.ly/2dhsgeu)

This week on Hull on Estates, Ian Hull and Noah Weisberg discuss the development of testamentary capacity and steps a drafting solicitor should take in this regard.

This week on Hull on Estates, Natalia Angelini and Doreen So discuss the issues surrounding a client's capacity to instruct counsel.

This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss Catto v Catto, 2016 ONSC 3025 (http://bit.ly/2cLwM6I), and the conflicts that can arise over funeral and burial arrangements on an intestacy. Read more about the Catto decision on our blog (http://bit.ly/2c4dOH3). And for more on the duty of the Estate Trustee to make funeral and burial arrangements, be sure to check out...

This week on Hull on Estates, Paul Trudelle and Laura Betts discuss Poitras Estate v Poitras, 2015 ONSC 5049, (http://bit.ly/2ci3pZL) a recent decision of the Ontario Superior Court of Justice, released August 9, 2016, which deals with the issues of testamentary capacity, undue influence, suspicious circumstances and dependant's support.

This week on Hull on Estates, David Smith and Nick Esterbauer discuss the principle of indemnification of estate trustees and the recent case of the Ontario Court of Appeal in Brown v. Rigsby, 2016 ONCA 521. (http://bit.ly/2biTez3)

This week on Hull on Estates, Jonathon Kappy and Lisa Haseley discuss criminal implications of breaching fiduciary duties.

This week on Hull on Estates, Natalia Angelini and Noah Weisberg discuss the Ontario Superior Court of Justice decision in Taylor-Reid v Taylor as it relates to summary judgment and undue influence. (http://bit.ly/2aKFIUC)

This week on Hull on Estates, Ian M. Hull and Stuart Clark discuss mala fides and bad faith, and when the court will interfere with a Trustee's discretion.

This week on Hull on Estates, David Smith and Doreen So discuss life tenants, house expenses, and dependant support claims, in the context of Re Goodfriend Estate, [2003] OJ No. 4291. (http://bit.ly/2aogyhb)

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the concept of mutual wills and the recent decision of the Ontario Superior Court of Justice in Rammage v. Roussel Estate. (http://bit.ly/29PXrLa)