Hull on Estates

This week on Hull on Estates, Natalia Angelini and Kira Domratchev discuss secret trusts and the recent decision of the British Columbia Court of Appeal in Bergler v Odenthal, 2020 BCCA 175.

This week on Hull on Estates, Doreen So and Noah Weisberg discuss estate freezes and the importance of keeping your spouse and other family members informed in Hamm v. Hamm (Estate of), 2014 MBQB 14.

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent decision of Robert Mandel et al. v. 1909975 Ontario Inc. et al., 2020 ONSC 5343, and review the issue of rectification in the corporate context.

On today's podcast, Rebecca Rauws and Garrett Horrocks discuss the execution of Wills in the midst of COVID-19, and how the emergency measures introduced this year may impact how Wills are executed in the future. The Globe and Mail article mentioned by Garrett and Rebecca during the podcast can be found here.

This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss Quinn Estate v. Rydland, 2019 BCCA 91, and the concept of "pour over clauses" more generally and whether you can leave a bequest in a Will to an already existing inter vivos trust.

This week on Hull on Estates, Natalia Angelini and Arielle Di Iulio discuss the court's application of the presumption of resulting trust in Kent v Kent, 2020 ONCA 390 (CanLII).

This week on Hull on Estates, Noah Weisberg and Sydney Osmar discuss Notices of Objection, Rule 25.11, and the court's decision in Dessisa and Wolde v Demisie.

In today's podcast, Paul Trudelle and Garrett Horrocks discuss the court's decision in Calmusky v Calmusky, which deals with the application of principles from Pecore v Pecore to designated assets,

This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss a finding of support for an adult dependant child in Deleon v Estate of Raymon DeRanney, 2020 ONSC 19.

This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss a finding of support for an adult dependant child in Deleon v Estate of Raymon DeRanney, 2020 ONSC 19.

This week on Hull on Estates, Natalia Angelini and Doreen So discuss the estate administration issues surrounding the disposition of the body, where there is no will, in Re Timmerman Estate, 2020 ONSC 3424 (CanLII) and Re Timmerman Estate, 2020 ONSC 3425 (CanLII).

This week on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss continued accounting obligations during the COVID-19 pandemic and procedural considerations relating to fresh and pre-existing applications to pass accounts.

In today's podcast, Paul Trudelle and Kira Domratchev discuss the British Columbia Supreme Court's decision in Hubschi Estate (Re), 2019 BCSC 2040, and the factors considered by the Court in holding that the document found on the deceased's computer was a Will in accordance with the curative provisions of the relevant legislation.

In today's podcast, Stuart Clark and Doreen So discuss the Ontario Court of Appeal's decision in Donaldson v. Braybrook, 2020 ONCA 66, and what to consider when the ownership of a family cottage was changed to include the children.

In today's podcast, Natalia Angelini and Sydney Osmar discuss the OBA's Institute Elder Law program recently chaired by Natalia and Kimberly Whaley Whaley. Natalia and Sydney delve into the debated issue of whether or not beneficiary designations are testamentary. Tune in to learn how the crowd voted. Please note that, as a result of technical difficulties, the introduction of this podcast has bee...

On today's podcast, Noah Weisberg and Rebecca Rauws discuss the recent decision of Re Vaudrey, 2019 ONSC 7551. In that case, the testator tried to disinherit one of his daughters, but failed to make provision in his Will for the disposition of the residue of his estate in the event that the residuary beneficiaries predeceased him (which they did). Without this, the residue of the testator's estate...

In today's podcast, Jonathon Kappy and Sydney Osmar discuss the difference between strict compliance and substantial compliance regimes regarding the formality of Wills.

In today's podcast, Stuart Clark and Garrett Horrocks review some of the main procedural differences between the two primary types of legal proceeding in Ontario: the application, and the action.

This week on Hull on Estates, Natalia R. Angelini and Kira Domratchev discuss a recent decision on the retroactive effect of proof of death in Threlfall v Carleton University, 2019 SCC 50 that dealt with a pension case from Quebec. A helpful Canadian Lawyer magazine article by Elizabeth Raymer summarizing this decision can be found here.

This week on Hull on Estates, Noah Weisberg and Doreen So discuss a recent decision on oppression remedies in Corber v. Henry and how corporate issues may arise in estate matters.

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent Ontario Court of Appeal decision in Rubner v Bistricer, and the law regarding informal trust arrangements.

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent Ontario Court of Appeal decision in Rubner v Bistricer, and the law regarding informal trust arrangements.

On today's podcast, Paul Trudelle and Rebecca Rauws discuss the recent decision of Naismith v Clarke, 2019 ONSC 5280, and the minimal evidentiary threshold test for will challenges.

On today's podcast, Natalia Angelini and Rebecca Rauws discuss elder law issues, including the increasing prevalence of such issues in our practice, the different viewpoints on damages, and the need for more case law in this area.

In today's podcast, Noah Weisberg and Sydney Osmar discuss Webb v Belway, 2019 ONSC 4602, a recent case from the Ontario Superior Court of Justice, where the court had to consider whether a common law spouse's conduct towards the end of the deceased's life, which included misappropriating funds as attorney for property, should be taken into consideration in determining whether she is entitled to s...